The National Integrity Agency has repeatedly called on Parliament to see to the application of the law following the final and irrevocable ruling of the High Court of Cassation and Justice related to the senator’s incompatibility. The Agency has shown that the negative vote given by Romania’s Parliament, as a representative of the legislative power, seriously affects the rule of law and the principle of separation of powers in Romania. Parliament’s refusal to withdraw Diaconu’s mandate has triggered off lots of controversies.

If the Romanian President, Traian Basescu, refused to comment on this case, the European Commission was quick to react, expressing regret for the Romanian Parliament’s decision, which runs counter to the European Commission’s recommendation to ask for the resignation of MPs whose incompatibility was finally and irrevocably ruled by the Court. The recommendation is included in the latest report on Romania adopted as part of the Mechanism for Cooperation and Verification. In turn, the American ambassador to Bucharest, Mark Gittenstein, pointed out that the US did not agree with the Senate’s decision.

To solve this issue the Superior Council of Magistracy has recently called on the Constitutional Court to solve what it considers a conflict between parliament and the judiciary. The vice-president of the Superior Council of Magistracy, Oana Schmidt Haineala has more:

Oana Schmidt Haineala: “A court ruling is the most important legal act and a means which re-establishes the rule of law and makes legal norms efficient. Any court ruling must be enforced. If an irrevocable court ruling is not applied and observed by the other state authorities, that state’s rule of law actually becomes an utopia”.

The Constitutional Court of Romania is to analyze the case and make public its decision in 3 weeks’ time, given that senator Mircea Diaconu pointed out that his position at the theater was artistic in nature and that he did not intend to run for another term in the December 9th parliamentary elections.