Parliament decision on Domneasca Forest case is constitutional

The Constitutional Court rejected the application of parliamentary ombudsman Tudor Lazar concerning the report of the commission of inquiry into the investigation of the hunting incident that happened in the natural reserve “Padurea Domneasca” last December by the competent  bodies. The Court decided that the commission’s report cannot be subject to constitutional control as it does not contain law norms and does not produce legal effects. The judges also ruled that the Parliament decision on the results of the inquiry is constitutional. But the disciplinary and investigative-criminal provisions will not be mandatory for the Prosecutor General’s Office, the Supreme Council of Magistrates, and the Supreme Council of Prosecutors.

According to the constitutional judges, only the representatives of the judicial power can make statements before the commissions of inquiry, which cannot examine material or procedural aspects investigated in criminal cases.

In his application, Tudor Lazar said the Constitution was violated when representatives of courts were invited to the hearings centering on the Domneasca Forest incident. Referring to the Constitutional Court’s decision, the parliamentary ombudsman told the journalists that a judge can refuse to come to hearings. “This is normal because the Constitution stipulates that the powers in the state are separated. An ad-hoc commission of inquiry can invite persons to hearings, but when a criminal case is started or is to be started, it must stop work and mustn’t give orders to the prosecution bodies that are investigating the case and to the courts dealing with the case,” he said.

The Constitutional Court’s decision is definitive and irrevocable.

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