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The night of Romanian justice 2005-2020 - Ion Popa
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Publisher: Universul Juridic
Author: Ion Popa
Pages: 354
Publisher year: 2020
ISBN: 978-606-39-0702-9
Product Code:
9786063907029
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It is useful to point out, before the reader opens the pages of this book, that, despite its many critical passages, the work is not directed against anyone in particular or even anyone in general. The book aims to identify, expose and analyze, with the pretension of a temporal and professional objectivity, the chronology of some acts, facts and decisions public or become public, of some public and private entities, persons and institutions Romanian or foreign to Romania, in period 2005-2020.
Although generated mainly by the legislative and applicative course in the field of criminal justice, the book's arguments and conclusions practically cover the entire Romanian society in the period shown, as well as the contribution / influence in the researched field of numerous national and foreign societal segments, in a wide process. of ideological and behavioral leveling down of the Romanian fortress and its citizens.
The book is not only a form of civic and professional protest against the depreciating course imposed on the Romanian city in the last 15 years on all levels of its existence, but also a hope that this destructive process can be stopped. It seems (favorite expression used in the eternal and toxic MCV reports injected biannually in Romania) that such a thing will not be possible at the Romanian sequential level, without a huge and consensual internal effort, similar to the Snagov Declaration of 1995, to revive pride, interest and national unity, corroborated with a broad attitudinal reconsideration of Romania's external partners towards the Romanian citizen and the Romanian fortress.
Unfortunately, now, in 2020, the internal / external context offers us fixed clues in reverse.
Although generated mainly by the legislative and applicative course in the field of criminal justice, the book's arguments and conclusions practically cover the entire Romanian society in the period shown, as well as the contribution / influence in the researched field of numerous national and foreign societal segments, in a wide process. of ideological and behavioral leveling down of the Romanian fortress and its citizens.
The book is not only a form of civic and professional protest against the depreciating course imposed on the Romanian city in the last 15 years on all levels of its existence, but also a hope that this destructive process can be stopped. It seems (favorite expression used in the eternal and toxic MCV reports injected biannually in Romania) that such a thing will not be possible at the Romanian sequential level, without a huge and consensual internal effort, similar to the Snagov Declaration of 1995, to revive pride, interest and national unity, corroborated with a broad attitudinal reconsideration of Romania's external partners towards the Romanian citizen and the Romanian fortress.
Unfortunately, now, in 2020, the internal / external context offers us fixed clues in reverse.
-
The night of Romanian justice 2005-2020 - Ion Popa
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Content
PREFACE / 7
INTRODUCTION / 9
CHAPTER 1
PRE-ACCESSION STAGE 2002-2004. delineation
PILOT PROJECT ROMANIA / 14
Section 1. Romania's pre-accession course to the European Union / 14
Section 2. Pre-accession obligations imposed on Romania in the field of justice / 15
Section 3. Closing of Chapter 24 - justice and home affairs / 17
CHAPTER 2
JUSTICE REFORM LAWS 2004/24
Section 1. Law no. 303/2004 regarding the status of magistrates / 24
Section 2. Law no. 304/2004 regarding the judicial organization / 28
Section 3. Law no. 317/2004 regarding the Superior Council of Magistracy / 30
CHAPTER 3
MANDATE TRAIAN BASESCU 2005-2009. COMPONENTS OF THE PROJECT / 34
Section 1. Legislative component - "Reform" of the justice of Macova 2005/34
Subsection 1.1. The amendments brought to Law no. 303/2004 regarding the status of judges and prosecutors / 35
Subsection 1.2. The amendments brought to Law no. 304/2004 regarding the judicial organization / 45
Subsection 1.3. The amendments brought to Law no. 317/2004 regarding the Superior Council of Magistracy / 50
Subsection 1.4. The amendments to the O.U.G. no. 43/2002 regarding the National Anticorruption Prosecutor's Office, through O.U.G. no. 134/2005 / 55
Subsection 1.5. Law no. 202/2010 on some measures to accelerate the settlement of processes / 57
Section 2. The human resources component in justice 2005-2009 / 58
Section 3. Institutional component / 66
Subsection 3.1. Justice-secret services collaboration protocols / 66
Subsection 3.2. National Integrity Agency (ANI) / 73
Section 4. Civil society component / 75
Subsection 4.1. Non - governmental organizations / 75
Subsection 4.2. Professional associations / 78
Subsection 4.3. Media / 80
Subsection 4.4. Social networks / 82
Subsection 4.5. Posts / 83
Subsection 4.6. Street pressure groups / 84
Section 5. Political component / 87
Section 6. External component / 89
Subsection 6.1. External protection of the "reform" of the justice laws 2005/89
Subsection 6.2. External protection of the "reform" of human resources in justice 2005-2009 / 91
Subsection 6.3. External protection through the Cooperation and Verification Mechanism (MCV) / 93
CHAPTER 4
MANDATE TRAIAN BASESCU 2009-2014. APPLICATION OF THE PILOT PROJECT / 98
Section 1. Centralization of the order decision / 98
Section 2. Scope / 102
Section 3. Application procedure / 104
Subsection 3.1. Target indication / 104
Subsection 3.2. Target "processing" / 106
Subsection 3.3. Defamation / demonization / social marginalization of the target / 107
Subsection 3.4. Humiliation of the target during the investigation / 108
Subsection 3.5. Obstruction / suspension of the public activity of the target / 115
Subsection 3.6. Forging / fabrication of evidence. Blackmail / 119
Subsection 3.7. Elimination of the target from public / economic life / 124
Subsection 3.8. Praising anti-corruption "heroes" / 126
Section 4. Historical similarities / 151
CHAPTER 5
REPUBLIC OF PROSECUTORS. CONSEQUENCES OF APPLICATION
PILOT PROJECT / 157
Section 1. Institutional consequences / 163
Section 2. Economic Consequences / 202
Section 3. Human Consequences / 212
CHAPTER 6
MANDATE KLAUS JOHANNIS 2014-2020. SUCCESS OF THE PILOT PROJECT / 225
Section 1. Making the single order decision / 225
Section 2. "War" on justice 2018/230
Section 3. The reaction of the internal components of the Project to the amendment of the justice laws 2018/246
Section 4. Destabilization of the Government and the Parliament / 288
Section 5. Reaction of the external components of the Project to the amendment of the justice laws 2018/291
Subsection 5.1. Institutional external reaction / 292
Subsection 5.2. External reaction by MCV / 304
Section 6. Success of cumulative reactions / 334
CONCLUSIONS / 342
PREFACE / 7
INTRODUCTION / 9
CHAPTER 1
PRE-ACCESSION STAGE 2002-2004. delineation
PILOT PROJECT ROMANIA / 14
Section 1. Romania's pre-accession course to the European Union / 14
Section 2. Pre-accession obligations imposed on Romania in the field of justice / 15
Section 3. Closing of Chapter 24 - justice and home affairs / 17
CHAPTER 2
JUSTICE REFORM LAWS 2004/24
Section 1. Law no. 303/2004 regarding the status of magistrates / 24
Section 2. Law no. 304/2004 regarding the judicial organization / 28
Section 3. Law no. 317/2004 regarding the Superior Council of Magistracy / 30
CHAPTER 3
MANDATE TRAIAN BASESCU 2005-2009. COMPONENTS OF THE PROJECT / 34
Section 1. Legislative component - "Reform" of the justice of Macova 2005/34
Subsection 1.1. The amendments brought to Law no. 303/2004 regarding the status of judges and prosecutors / 35
Subsection 1.2. The amendments brought to Law no. 304/2004 regarding the judicial organization / 45
Subsection 1.3. The amendments brought to Law no. 317/2004 regarding the Superior Council of Magistracy / 50
Subsection 1.4. The amendments to the O.U.G. no. 43/2002 regarding the National Anticorruption Prosecutor's Office, through O.U.G. no. 134/2005 / 55
Subsection 1.5. Law no. 202/2010 on some measures to accelerate the settlement of processes / 57
Section 2. The human resources component in justice 2005-2009 / 58
Section 3. Institutional component / 66
Subsection 3.1. Justice-secret services collaboration protocols / 66
Subsection 3.2. National Integrity Agency (ANI) / 73
Section 4. Civil society component / 75
Subsection 4.1. Non - governmental organizations / 75
Subsection 4.2. Professional associations / 78
Subsection 4.3. Media / 80
Subsection 4.4. Social networks / 82
Subsection 4.5. Posts / 83
Subsection 4.6. Street pressure groups / 84
Section 5. Political component / 87
Section 6. External component / 89
Subsection 6.1. External protection of the "reform" of the justice laws 2005/89
Subsection 6.2. External protection of the "reform" of human resources in justice 2005-2009 / 91
Subsection 6.3. External protection through the Cooperation and Verification Mechanism (MCV) / 93
CHAPTER 4
MANDATE TRAIAN BASESCU 2009-2014. APPLICATION OF THE PILOT PROJECT / 98
Section 1. Centralization of the order decision / 98
Section 2. Scope / 102
Section 3. Application procedure / 104
Subsection 3.1. Target indication / 104
Subsection 3.2. Target "processing" / 106
Subsection 3.3. Defamation / demonization / social marginalization of the target / 107
Subsection 3.4. Humiliation of the target during the investigation / 108
Subsection 3.5. Obstruction / suspension of the public activity of the target / 115
Subsection 3.6. Forging / fabrication of evidence. Blackmail / 119
Subsection 3.7. Elimination of the target from public / economic life / 124
Subsection 3.8. Praising anti-corruption "heroes" / 126
Section 4. Historical similarities / 151
CHAPTER 5
REPUBLIC OF PROSECUTORS. CONSEQUENCES OF APPLICATION
PILOT PROJECT / 157
Section 1. Institutional consequences / 163
Section 2. Economic Consequences / 202
Section 3. Human Consequences / 212
CHAPTER 6
MANDATE KLAUS JOHANNIS 2014-2020. SUCCESS OF THE PILOT PROJECT / 225
Section 1. Making the single order decision / 225
Section 2. "War" on justice 2018/230
Section 3. The reaction of the internal components of the Project to the amendment of the justice laws 2018/246
Section 4. Destabilization of the Government and the Parliament / 288
Section 5. Reaction of the external components of the Project to the amendment of the justice laws 2018/291
Subsection 5.1. Institutional external reaction / 292
Subsection 5.2. External reaction by MCV / 304
Section 6. Success of cumulative reactions / 334
CONCLUSIONS / 342
Introduction
"Meeting today, June 21, 1995, in Snagov, the signatories of this Declaration note that the" National Strategy for Preparing Romania's Accession to the European Union "prepared by the Commission specially constituted for this purpose, consisting of representatives of parliamentary political parties, the Government, academic circles, civil society express Romania's firm orientation to focus its development on promoting the attributes of a democratic society - the rule of law, political pluralism, separation of powers, free elections, respect for human rights, including those belonging to national minorities, creating an efficient and sustainable market economy, compatible with the principles, norms, mechanisms, institutions and policies of the European Union ”.
The quoted document, later known as the Snagov Declaration, adopted during the term of President Ion Iliescu, was the unique moment in the post-December history of Romania in which the signatory parties, overcoming group, political, economic, ideological interests, acted in solidarity, constructive and consensually, establishing the trajectory of the future Romania within the European Union, based on those principles enunciated in the Declaration and provided in the numerous founding and completing documents of the European Union.
Based on this original consensus, treaties, agreements were concluded with the European Union, milestones were established, conditions, preliminary pre-accession assessments, Romania amended the Constitution, laws, including justice, proceeded to major economic restructuring, of administration, education, etc., so that in 2004 the pre-accession chapters were concluded, including chapter 24 - justice and home affairs (JHA), based mainly on the adoption of the justice package in the summer-autumn of 2004.
The European evaluators noted the observance of the principles of functioning of the Union in drafting the laws of justice, welcomed the establishment of the Superior Council of Magistracy, exclusive manager of the professional career of judges and prosecutors, elimination of political influence / interference from the professional path of judges and prosecutors, imposing meritocracy competition, the creation of a special institution to fight corruption.
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