Romanian Rebuffed Justice Min Nominee To Sue Pres

"I have closely examined the motivation presented by the Constitutional Court and I have the following observations to make, which regard the endangering of constitutional order in Romania: the Constitutional Court overstepped the boundaries of the Constitution through the comparison with Decision 356/2007 in the Cioroianu case. The Constitutional Court enabled the president to refuse a minister nomination on one occasion and for reasons beyond legality, thus introducing the subjective possibility for the president to refuse a minister," Nicolai said.

She added that, through the use of the analogy with the president’s possibility to demand the reexamination of laws in her case as well, the Constitutional Court "created a sui-generis legal situation," since her situation is not the equivalent of that of a law.

"As for a mission for the legal motivation of the Constitutional Court decision, I believe that the law does not contain criteria for the individualization of morality and the Constitutional Court, through the acknowledgement of the president’s reason, violated my rights mentioned in article 30 of the Constitution and in the Universal Statement of Human Rights. At the same time, it has restricted my access to a public position," Nicolai added.

Nicolai said she would sue Basescu, not because she is targeting a public position, but because she feels that her fundamental constitutional rights were violated and she wants to create a precedent that would prevent such occurrences in the future.

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