Monica Macovei Repeatedly Violated the Constitution
Bypassing Parliament in contradiction to the law
January 2005: Less than one month after she was nominated Minister of Justice, Monica Macovei put the hunting down of President Basescu’s legitimate political opponents – on top of her priority list.
She then started a serious of outrageous and illegal acts, in an obsessed effort to impose on the entire judicial system – the conviction at all cost of Adrian Nastase.
She exhausted all means and resources of the state – regardless of the lack of any evidence whatsoever against the former Prime Minister of Romania, who years before was a leading architect of Romania entry to NATO and later to the EU.
January 27, 2005.: Monica Macovei promoted an Emergency Ordinance – a government prerogative which is aimed for real national catastrophes and emergency situations – in order to press false charges against Adrian Nastase without having to first ask for the Parliament’s approval, as required by law.
She intentionally avoided the fact that the Constitutional Court already declared such an act as Unconstitutional – back in 1999.
July 2007: The Constitutional Court declared Macovei’s action as Unconstitutional.
Justice Macovei style: lawyers not allowed during interrogation of citizens by prosecutors
June 2004: The Parliament adopted a new Criminal Code, based on EU requirements and high standards.
2005: New Justice Minister, Monica Macovei, rejected the new code.
July 2006: Macovei’s own modification of the old Criminal Code adopted. Among her “progressive” amendments, is the unprecedented restriction on lawyer’s presence during interrogation of citizens by the prosecution. This is how she paved the road for her new politically nominated DNA prosecutors to abuse and blackmail witnesses behind closed doors, away from public’s eyes (see www.zambacciancode.eu).
November 20, 2007: Once again, the Constitutional Court declared Monica Mcaovey’s amendments and actions as unconstitutional.
Macovei tries to illegally assume absolute power never before granted to any minister
July 27, 2006: Monica Macovei promotes the establishment of the National Agency of Integrity – allowing it the independence to both conduct criminal investigations against anybody and convict with judicial power at the same time – without any supervision of any public body. Such an institution does not exist in any other EU country.
April 14, 2010: Only four years after, and just like in previous cases – this initiative of Monica Macovei was also declared by The Constitutional Court as unconstitutional.
“A Police State” Macovei Style
May 30, 2006: Minister of Justice, Monica Macovei, presented in Parliament her request to change the Criminal Procedure Code regarding secret surveillance. This change should have enabled prosecutors to conduct secrete surveillance over telephones, internet and direct secret audio and video recordings by third parties – without court permission, as required by law until that time. She also wanted such recordings to be accepted as evidence in court.
The Parliament rejected Macovei’s initiative and sent her proposal back to the Parliamentary Judicial Committee for re-evaluation.
June 1, 2006: The Parliamentary Judicial Committee was discussing Macovei’s proposal. Monica Macovei, shouted at the committee – demanding an approval without a debate, leaving the room while screaming hysterically and slamming the door. Later the Parliament partially rejected the Macovei Amendment
Leading Civil Rights Organizations: Macovei’s Police State & Human Rights Violations
June 8, 2006. Responding to Macovei’s behavior, Romania’s leading Civil Right Associations made a joint declaration:
“Such penal policy is more appropriate for a police state, and will not bring us closer to European Union”.
“Under the pretext of fight against corruption and some so-called EU requirements, recent changes in the Code of Criminal Procedure are, in fact, serious human rights violations”.
“It is unacceptable that prosecutors are offered the opportunity to intercept electronic mail and make telephone records without a warrant issued by a judge”.
Excerpts from a joint declaration a of The Open Society Institute (Fundatia pentru o Societate Deschisa) The Centre for Legal Resources (Centrul de Resurse Juridice) Transparency International-Romania. June 8, 2006.
Monica Macovei Politicize The Juidicial System more than ever before
July 19, 2005: Monica Macovei promoted a reform through which from that moment onward – she would personally propose to the President of Romania the new Chief Prosecutor and the new Chief Prosecutor of DNA – cynically taking this prerogative away from the hands of the independent and objective Superior Council of Magistracy.
Macovei also assumes direct control over the prosecutors professional conduct and careers.
In her first two months as Minister of Justice, Monica Macovei cancelled the prosecutors independence and their ability to make objective and independent decisions. She imposed a unprecedented dependency of the Chief Prosecutors and the prosecutors themselves – in her. Thus she created a very politically dependent prosecution, which from that moment on – transformed itself from being an independent organ which served the public’s interest – into a tool of the political power.
After she illegally imposed her political control over the judiciary system – Macovei Orchestrated the largest ever removal of objective & independent Prosecutors
First she changed the laws, while cynically violating the constitution, in order to assume control over the Judicial system and transform it into a political tool in her hands. Then Monica Macovei orchestrated the largest ever removal of objective and “non loyal” prosecutors from office – and swiftly replaced them with more “obedient” Prosecutors who were either more obedient or much less experienced.
The Romanian Senate:
Monica Macovei trampled over the independence of judges and prosecutors.
Her public statements aimed at mapping the course that criminal investigations and rulings should take.
She seriously damaged the credibility of the juridical system in the public’s eyes.
February 13, 2007. The Romanian Senate adopted a motion of no-confidence against Minister of Justice Monica Macovei. Voting against Macovei were Senators from all the entire political spectrum, including the Senators from her own political party.
The Senate decision summarized Macovei’s misconduct:
“Macovei aimed at placing the judiciary under political control, while consistently undermining its credibility. The press was lied to, the population was lied to, the Parliament was lied to, the Executive was lied to, the Council of Europe was lied to”.
In an unprecedented, dramatic and detailed statement the Romanian Senate proved how Monica Macovei was systematically misleading, politicizing and intimidating the entire judicial system, undermining the constitutional role of the Supreme Council of Magistracy, misleading and lying to the public, the Government, the Parliament and the European Council.
The Senate demanded Macovei’s resignation for the following reasons:
She did not forward at all – or delayed forwarding to the Parliament – legislation that should have brought Romania’s body of laws in tune with the European ones, in compliance with the country’s commitment to the task, upon its accession the EU;
She procrastinated with no justifiable grounds at all the reform of the judiciary, with respect to the procedural codes accompanying the Civil Code and the Criminal Code, as well as the Commercial Code, and legislation relevant to the lobby activities, etc.;
She procrastinated several times, up to the end of 2008, the entry into force of the Criminal Code adopted in 2004, in spite of the fact that some of the chapters were part of the Romania’s negotiated accession agreement with the EU, in Chapter XXIV: “Justice and home affairs”;
She showed blatant disinterest in the investments already started on the infrastructure of various courts, prosecutor’s offices, penitentiaries and other bodies, as well as in their technical endowment;
She started and sustained contradictory relationships with the Supreme Council of Magistracy, the Supreme Court, the Constitutional Court and the National Association of Magistrates – which seriously injured the working of these bodies, their constitutional stature, and their credibility with the citizens;
She repeatedly trampled over the independence of judges and prosecutors, with public statements aimed at mapping for them the course that their criminal investigations or rulings should take;
She favored incompetent decisions which resulted in Omar Hayssam’s fleeing Romania while in custody, and in the Romanian President Traian Basescu pardoning drug traffickers sentenced with over 10-year long prison terms, while officially challenging the court rulings in their case;
She constantly attacked the Parliament and discredited the legislative process in her statements both inside and outside the country;
She repeatedly ignored her obligation to take part in and support, in front of the Senate Committees and full-house Senate, the legislation promoted by the ministry she led.
The Anatomy of Favoritism & Corruption Macovei Style
Monica Macovei, the person who pretended to be the champion of the fight against corruption, is in reality an instigator of corruption.
She does not fight corruption – she is part of it!
1940. The Villa in Intrarea Ioanid St. nr. 3, sector 2, Bucharest – was bought by Mr. Petre P. Petrini, a lawyer from Bucharest;
1950. the house was illegally confiscated by the communist regime (decree nr. 92/1950). As part of this illegal act, the owner of the house, Mr. Petrini – was disbarred as a lawyer.
Since 1972, the villa was rented to Mr. Vasile Gherghescu, the father of Monica Macovei.
November 1995, The Romanian Parliament adopted the Nationalized Houses Law, No. 112/1995, which allowed original home owners to reclaim their homes – which were confiscated by the old communist regime.
July 25, 1996. Ms. Ana Maria Petrini, the daughter of Mr. Petrini and his inheritor – claimed her legal ownership at the City of Bucharest, notifying City Hall – as required by law – NOT to sell it.
October 26, 1996. Despite official notification by the legal owner, Ms. Petrini – the villa was sold to the Monica Macovei family.
February 8, 2001. The Romanian Parliament adopted Law No. 10/2001, granting the restitution and ownership rights to original home owners who’s homes were confiscated by the Communist Regime between 1945 to 1989.
2002. The Bucharest Court granted Ms. Ana Maria Petrini, the daughter of Mr. Petrini and his inheritor – the full ownership of the property (sentence No. 1758).
Monica Macovei’sfather, Mr. Vasile Gherghescu, who was still living in the villa appealed to the court of appeals, and lost after the court reaffirmed the original sentence.
December 2004, Monica Macovei was nominated as Minister of Justice.
September 23, 2005.
The original panel of judges in the appeal case of Macovei’s father – Judge Margareta Ionescu, Judge Florin Costiniu and Judge Vasile Culcea – opened the last court session in the case.
Only a few minutes after they started this final court session – the three judges discovered that they are no longer the judges in this case, and that the case was given to a totally new panel of judges, which was giving the sentence in the very same time, in a different room!
Soon it was clarified that due to extensive pressure by Monica Macovei – the head of the Civil Section in the Supreme Court of Justice, Judge Danut Cornoiu, changed the entire panel of judges in this appeal case involving Macovei’s father. And that happened only hours before the very last and final court session – without even informing the original panel of judges.
September 30, 2005. The Supreme Court of Justice published its final sentence in the appeal of Monica Macovei’s father, Mr. Vasile Gherghescu, and made a final and irrevocable decision to grant him the ownership over the villa – based on a totally arbitrary decision made by a new panel of judges which was illegally imposed in the very last moment.
March 28 2006. The Supreme Council of Magistracy disqualified Judge Danut Cornoiu from the position of Judge – due to his illegal intervention in the judicial process in favor of “solving personal problems of a colleague”. Note: Later, the Supreme Court of Justice – cancelled the disqualification sanction of Judge Danut Cornoiu and transformed it into a disciplinary & financial penalty only.
September 19 2006. Ms. Ana Maria Petrini, the daughter of the legal owner of the Villa in Intrarea Ioanid St., and his inheritor – asked for a revision of the Supreme Court sentence.
April 5 2007. Monica Macovei’s term as Minister of Justice terminated.
April 24 2007. Two weeks after Monica Macovei is out of the Ministry of Justice, and 7 months after Ms. Ana Maria Petrini asked for a revision of the sentence – the Supreme Court of Justice cancelled the original sentence and granted the ownership over the villa to its original and rightful owners, the Petrini family.
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