AUR officially requested the initiation of procedures to suspend the President of Romania, Nicușor Dan, accusing him of violating the Constitution and directly interfering with the functioning of the judicial system, following the announcement regarding organizing a referendum among magistrates.
In a public statement, AUR requested the Presidents of the Chamber of Deputies and the Senate, the Prime Minister, and the head of the Superior Council of Magistracy to refer the existence of a legal conflict of a constitutional nature between the president and the judiciary to the Constitutional Court.
AUR Deputy Ștefăniță Avrămescu stated that all sovereigntist parliamentarians will meet on Tuesday to assess the number of signatures they can rely on for the suspension initiative.
AUR: "A direct threat to judicial independence"
According to AUR, the president's statements represent "a new and serious interference of politics in the judiciary."
"President Nicușor Dan disregards the Constitution, laws, and chooses to intervene forcefully in the justice system in Romania. His announcement regarding the organization of a so-called referendum within the body of magistrates represents a new and serious interference of politics in the judiciary," the party's statement reads.
AUR maintains that the statement suggesting that, based on the outcome of an internal vote, the Superior Council of Magistracy "will leave urgently" represents "a direct threat to the independence of the judiciary power."
"This is not a political opinion but a legal conflict of a constitutional nature between the President of Romania and the judiciary power," AUR further states.
The party also argues that the head of state does not have the constitutional competence to convene a referendum within the judicial system and that such an initiative would violate the popular will expressed in the national referendum on Justice.
Parliamentary initiative for suspension
Separate from AUR's position, Senator Ninel Peia, from the PACE Group - First Romania, announced that a group of parliamentarians intends to initiate the suspension of President Nicușor Dan, invoking the same accusations of interference in justice.
"The president made public statements contesting the authority and decisions of the CSM. (…) This action constitutes a direct interference in an independent constitutional body, violating its constitutional duties and undermining the principle of the separation of powers in the state," a request addressed to the Parliament leadership, signed by Ninel Peia on behalf of the initiators, states.
The document also specifies that "there are serious facts justifying the initiation of the suspension procedure provided for in art. 95 of the Constitution."
According to the senator, the necessary signatures - at least one-third of the number of parliamentarians - will be collected starting Monday, and the suspension request will be officially submitted on Wednesday.
"Considering the seriousness of the facts and their consequences on the rule of law and the functioning of public institutions, we request the suspension from office of the President of Romania, Nicușor Dan, in accordance with art. 95 of the Romanian Constitution," the request further states.
What the Person Who Could Replace the President Says
Senate President Mircea Abrudean (who becomes interim president in case of suspension) argues that the initiative is totally inappropriate, without finality, and without any legal basis.
"It is totally inappropriate and without finality, certainly because there are no reasons for such a thing. Besides the lack of reasons, there is also no support for such a thing. So, it is definitely a matter of speculating perhaps politically in a complicated period. Such gestures do not benefit Romania externally because they affect stability itself, as gestures without finality, certainly," Abrudean stated, quoted by Agerpres.
He added that "PNL firmly excludes any such initiatives and does not support in any case such a procedure that has no foundation, neither legally nor in terms of parliamentary support."
The suspension of the president requires the majority vote of the deputies and senators in a joint session, after consulting the Constitutional Court, and if approved, the organization of a recall referendum within 30 days.
Nicușor Dan announced referendum
President Nicușor Dan announced on Sunday the intention to initiate, in January, a referendum among magistrates, with a single question: whether the CSM "acts in the public interest or in the interest of a group within the judicial system." The head of state stated that, depending on the majority response of the magistrates, legislative discussions will continue or the current Council will depart urgently.
The reaction from the Judges' Section of the CSM came swiftly, through a statement indicating that such a referendum is not provided for by law and would represent a form of interference in the activity of the judicial authority. Judges from the CSM invoked the principle of separation of powers in the state and warned against using "emotional vectors" in a context that should remain characterized by institutional cooperation and respect for constitutional and European norms.