Cristina Tarcea, despre Lia Savonea: Pentru prima oară, un președinte CSM ar pune în discuție decizii irevocabile
Președintele ÎCCJ, Cristina Tarcea, a lansat, luni, un atac la adresa șefei Consiliului Superior al Magistraturii. Asta după ce Lia Savonea a decis să convoace Secția pentru judecători pentru a stabili responsabilitatea conducerii instanței supreme in cazul stabilirii completurilor de 3 judecători. Tarcea a declarat că, pentru prima oară, un șef CSM ar pune în discuție hotărâri judecătorești irevocabile.
„Pentru prima oară, un președinte al Consiliului Superior al Magistraturii, care este garantul independenței justiției, ar pune în discuție hotărâri judecătorești irevocabile, definitive și, și mai rău de atât, ar pune în discuție hotărâri pronunțate în recurs în interesul legii pentru că Înalta Curte s-a pronunțat încă din anul 2006 într-un recurs în interesul legii ni se explică în materie de organizarea completului sunt aplicabile dispozițiile din legea 304 modificată, și nu cele din legea 78 pe 2000”, a declarat Cristina Tarcea, la sediul CSM.
Reacția Cristinei Tarcea vine după ce Lia Savonea a decis că Secția pentru judecători a CSM va analiza modul în care au s-au întocmit completurile de 3 judecători la Instanța Supremă. De asemenea, CSM va verifica și care este responsabilitatea ÎCCJ în această speță.
Cristina Tarcea: Care este rostul și justificarea rejudecării cauzelor?
Cristina Tarcea a precizat, luni, că așteaptă motivarea Curții Constituționale privind completurile de 3.
„Trebuie să așteptăm motivarea, să vedem și noi despre ce e vorba pentru că, se pare, așa cum sună comunicatul de presă și dispozitivul publicat, că s-a validat o hotărâre a Colegiului de conducere din ianuarie 2019 și acest lucru trebuie lămurit pentru că în acea hotărâre nu s-a făcut altceva decât să se aprobe funcționarea în continuare a tuturor completelor, ca și complete specializate. În această situație, normal, se pune întrebarea care este rostul și justificarea rejudecării cauzelor? Dar om vedea, probabil ne vom lămuri din motivarea deciziei. Binențeles că erau toate specializate, există și un ordin al președintelui instanței supreme, de fapt, ordine din 2003, 2004, în care se precizează faptul că toate completele Secției Penale sunt specializate pe judecata faptelor de corupție. Toate astea au fost depuse la dosar, dar urmează să vedem de ce au fost înlăturate. Da, e posibil să avem surprize, pentru că urmează să explice de ce este valabilă hotărârea Colegiului de conducere de la începutul anului și, dacă este valabilă, de ce s-ar impune totuși rejudecarea. Nu știu cum or să facă, dar așteptăm motivarea”, a mai spus președintele ÎCCJ.
Decizia CCR
Pe 25 martie, Florin Iordache, în calitate de vicepreședinte al Camerei Deputaților, a sesizat CCR privind un conflict juridic de natură constituţională între Parlament şi Instanţa supremă pe tema completurilor specializate de la ÎCCJ. Iordache a făcut această sesizare în perioada în care preşedintele de atunci al Camerei Deputaţilor, Liviu Dragnea, i-a delegat obligațiile.
Sesizarea lui Florin Iordache privind completurile specializate de la ÎCCJ a fost admisă pe 11 iulie cu votul a 5 dintre cei 9 judecători. Ei au admis că este vorba despre un conflict de natură constituțională între Parlament și ÎCCJ.
Foto: Inquam Photos/ George Călin
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