The scale and seriousness of major corruption, with prevalent tendencies, can endanger, through the impact of their consequences, some elements of national security, the president of the Constitutional Court of Romania, Marian Enache declared on Wednesday, at the 2022 stocktaking report of the Public Prosecution Service – the Prosecutor’s Office attached to the High Court of Cassation and Justice, accorind to Agerpres.

„The constitutional role of the Public Prosecution Service is fundamentally circumscribed to the defense of the general interests of society, the rule of law and the rights and freedoms of citizens. We find that, in fulfilling this role, the Public Prosecution Service, together with its specialized components – DNA [the National Anticorruption Directorate], DIICOT [Directorate for Investigating Organized Crime and Terrorism] – has responsibly exercised its constitutional and legal duties regarding the defense of the rule of law and the prosecution of those who violate the specific legislation, and thus affect the system of essential values of the rule of law democracy. In this sense, the main purpose of the activity of this authority is that of improving Romanian society by reducing the phenomenon of multifaceted corruption, improving the climate of integrity in our society, essential components of a legal conscience necessary for the quality of a functional western-type democracy,” declared Marian Enache.

He emphasized that the Public Prosecution Service, in its specific activity, has the possibility to perform „a true test of proportionality” between, on the one hand, the coercive power of the state authority and, on the other hand, the „inherent” freedom of the being human, which, in the sphere of constitutional law, resides in respecting the presumption of innocence.

„Aware that no human activity is infallible, the judges of the Constitutional Court refer to the provisions of the Constitution to pronounce decisions that ensure the protection of the rights and freedoms of citizens to the standards of international conventions and the Charter of Fundamental Rights of the European Union. At the same time, the solutions must be adapted to the socio-economic needs through an evolutionary interpretation of the constitutional provisions to support, from a constitutional perspective, the legal activity of the state institutions for the purpose of the convergent fulfillment of the objectives listed in art. 148 of the Constitution,” mentioned the president of the CCR.

According to him, Romanian society, in its functional structure, is not yet „a predominantly cooperative society”, but, rather, it is a society that contains „multiple imbalances” that require structural and functional modeling and adjustments, as well as active institutions for carrying out these specialized judicial interventions.

„The scale and seriousness of major corruption, with prevalent tendencies, can endanger, through the impact of their consequences, some elements of national security, but can also produce, in the final analysis, the very destruction of the society’s cohesion. We appreciate that, although our competencies and institutional procedures are different and specific, as a finality, the authorities and institutions’ action must be congruent in fulfilling the constitutional-legal objectives,” Enache pointed out.

The president of the Constitutional Court said that cooperation between the institutions is necessary, especially since we are in the presence of national objectives.

The head of the Constitutional Court emphasized that the recovery and compensation for damages caused by criminal acts and deeds remain, on the one hand, a permanent concern of public and social interest, and, on the other hand, a legal and professional obligation of specialized prosecutors and judges, entitled to act in this direction.

Agerpres