PAS MP Sergiu Litvinenco asked the Constitutional Court to pronounce on a provision of the Law on the Constitutional Court concerning the mandate of the constitutional judge. “According to press reports, the National Integrity Authority considers this provision enables it to analyze or control an alleged conflict of interest not only in the case of the adoption of administrative documents, but also in the case of jurisdictional documents, such as decisions and opinions,” stated the MP, noting this is an attack on the independence of the Constitutional Court and its judges, IPN reports.
The application to the CC was filed after the NIA initiated a control in relation to the Court’s president Domnica Manole.
“The jurisdictional documents of the Court, under the Constitution, are definitive and cannot be challenged. Admitting that the NIA can determine if these jurisdictional documents were adopted by violating the legal regime of the conflict of interest or not de facto means offering the NIA the right to question the definitive and unchallengeable character of the documents of the Constitutional Court. This flagrantly runs counter to the provisions of the Constitution,” said Sergiu Litvinenco.
As to the statements about the control initiated in relation to Domnica Manole, the NIA said it is waiting for the decision of the integrity inspectorate who takes decisions independently. The fact that a control procedure was initiated does not point to the presence of a violation. The decision will be made public and no other public statements will be commented on until then.
