The Romanian Prime-Minister blocks the independence of Justice by implementing and maintaining the Special Section for the Investigation of Magistrates in spite of critics from the European Commission, the Council of Europe Venice Commission, the Group of States against Corruption (GRECO) and the MEDEL Association - Magistrats europeens pour la democratie et les libertes.
Viorica Dancila is the actual Romanian Prime-Minister. During her mandate, this Special Section for the investigation of offences in the judiciary was created and for almost a year now (since October 2018) it is in action, being heavily criticized for introducing political control over judicial acts.
The main problem is that any “inconvenient” prosecutor may be suspended from an investigation (of a politician for instance) by opening a criminal file by this Special Section.
The most famous case of the Special Section is the abusive hearing of Laura Codruta Kovesi. Until July 2018 she used to be the Chief prosecutor of the National Anti-Corruption Directorate (DNA), the corruption investigation structure that sent a number of high political dignitaries in front of judges for corruption charges, including Ministers, members of the Parliament, and a former Prime-Minister and Party leader. The Special Section announced the opening of an investigation of Mrs. Kovesi just a few days after she became the favourite candidate for European Chief Prosecutor. Then she was officially indicted by the same Special Section the very day the European Parliament was debating her candidacy.
The European Commission, in a document addressed to the European Court of Justice in September, stated there are suspicions that this Section was created in order to handle sensitive files, since “it may be predisposed to external political influence and pressure, unlike a well-established and consolidated institution like the DNA”.
Last, but not least, Prime-Minister Viorica Dancila recently dismissed Ana Birchall, the Minister of Justice, after an inter-ministerial workgroup created at the initiative of Mrs. Birchall concluded that the Special Section functions illegally. In reaction, Mrs. Dăncilă made this statement: “We will never close down this Special Section”.
Thousands of Declic Community members adhered to this campaign which is meant to unveil the opposition of Prime-Minister Viorica Dancila to European values in front of all international officials.