Chief Prosecutor of DNA during 2020-2023, marked by pandemic and Russia’s invasion of Ukraine, reveals details about the behind-the-scenes of making and adopting legal provisions that severely affected the structure and functioning of the Romanian state.
On Friday, January 16, the same day when CCR postponed for the fourth time the decision regarding the special pensions of magistrates, in Cluj-Napoca, the Initiative for European Democratic Culture (ICDE) organized a debate on the issues in the Judiciary.
The event was attended by Crin Bologa, former chief prosecutor of DNA, Andreea Chiș and Cristi Dănileț, former judges, with the discussion moderated by Professor Corneliu Bjola.
In his presentation to the audience, Crin Bologa, with the meticulousness of an experienced investigator, focused on facts, enumerating the main ways and moments that led to the establishment of a non-aggression pact between political power and judicial power, to the detriment of citizens.
He recalled that both in 2016 and in 2022, the Justice laws were modified in an opaque manner, outside public debate, in reflection centers, in reality illegal consultations, in closed circles, involving magistrates, politicians, and businessmen.
There was a "coordinated effort to subordinate independent institutions to group interests," stated Crin Bologa in his presentation at Babeș-Bolyai University in Cluj.
In those reflection groups, "the goal was to erase the past of the cases investigated and to block the functioning of the Judiciary," the prosecutor added.
Think about a highway construction contract, which in Romania can last between 5, 10 years. Money is demanded at the beginning of the contract and continues to be received along the way. The prosecutor catches them red-handed after 5 years, 6 years, 7 years. The prescription is calculated from the initial demand and the fact of receiving the money, proven by the sting operation, is irrelevant...
Crin Bologa, former DNA chief, on the toxic functioning of the prescription in bribery cases
Parliamentarians received messages on their phones before voting
In 2022, a few weeks before the legislative package for Justice was adopted in Parliament, aimed at declaring the lifting of the MCV (Cooperation and Verification Mechanism) for Romania, Crin Bologa, as the chief prosecutor of DNA, had discussions with several politicians from parliamentary parties, concerned that the proposed provisions actually represented "a regression in terms of the rule of law and the independence of the Judiciary."
Bologa remembers that he explained to them "how harmful it could be if those provisions were applied."
During that time "I was in the Parliament's Legal Committee. There, I thought I had convinced them of the danger, but when it came to the voting moment, the committee members received a message on their phones and a completely different vote took place," stated the former chief prosecutor of DNA.
"That's why today I refer to those reflection centers," he added.
Audience at Cotroceni Palace
Exasperated by the way debates were unfolding in Parliament and the fact that the political leaders of major parties were not reacting to the arguments of several legal professionals who at that time signaled the possibility of disaster, Crin Bologa decided to go to Cotroceni Palace.
"I had no choice and I asked for a meeting with the President of Romania," recalled the former DNA chief.
"I went to Cotroceni Palace. I explained to him (n.a. the president) everything that was happening. He told me, I was told that politicians need peace, no matter what happens... I'm telling you only what can be proven," stated Crin Bologa in front of the audience.
Those words were spoken by Klaus Iohannis, the President of Romania at that time.
Although there have been anonymous statements before about the monstrous pact between influential politicians, interest groups, and magistrates to annihilate corruption investigations by all possible means, including changing legislation, the announcement by the former chief prosecutor that the President of Romania at that time endorsed and imposed such a secret and illegal agreement, to the detriment of citizens, is of great gravity.
What favored this regression of the rule of law and the independence of the Judiciary in Romania? A former president of the state passive and captive to interest groups...
Crin Bologa, former DNA chief prosecutor
Incompetence and corruption have caused a disaster
"I had several meetings during that period. Of course, I was disappointed. Things continued and the laws were adopted," added Crin Bologa.
One month after their adoption, the European Commission published the last MCV report, effectively concluding the monitoring of justice in Romania. A year later, the official decision came that the justice system in our country would no longer be monitored to comply with EU legislation and legal procedures. That was the moment when the disaster began.
"State institutions with responsibilities in defending democracy and the constitutional order, through the levers at their disposal, supported the appointment of incompetent and blackmail-able individuals," stated the former DNA chief.
The fact that a candidate supported by the Kremlin almost became the President of Romania in November 2024 was the devastating effect of this secret agreement that provided impunity to politicians and businessmen suspected of corruption, weakening the entire institutional architecture of the Romanian state.