July 13, 2012, answer from Commissioners Barroso & Reding

----- Forwarded Message -----
From: "Judith.Longbottom@ec.europa.eu"
To: anca_paduraru@yahoo.com
Sent: Wednesday, September 19, 2012 5:44 PM
Subject: Letter for the attention of Ms Anca Paduraru

Dear Ms Paduraru,
Please find attached a letter for the attention of Ms Paduraru, signed by Mr Martin Selmayr, head of Vice-President Viviane Reding's private ofice.
Yours sincerely,
Judith Longbottom
Assistant to Telmo BALTAZAR
Member of Vice-President Reding's Cabinet
European Commission,
200, rue de la Loi,
B - 1049 Brussels
+32-2-296 73 18, e-mail: Judith.Longbottom@ec.europa.eu

Cabinet of Vice-President Viviane Reding,
Commissioner for Justice, Fundamental Rights and Citizenship
Head of Cabinet
Brussels, 19 September 2012
MS/TB/jl Ares link (2012) 957387

Dear Ms Paduraru,
Thank you for your e-mail of 25 July 2012, which I read with interest.
The European Commission is monitoring very closely the situation in Romania and has recently published a Report from the European Commission to the European Parliament and the Council on Progress in Romania under the Cooperation and Verification Mechanism (COM(2012) 410 final, published on 18 July 2012), which you can find on the following website: http://ec.europa.eu/cvm/index en.htm
The report is very critical and summarises our serious concerns in relation to recent challenges to the rule of law. We conclude that the objectives of the CVM have not yet been met and the benchmarks have not been satisfactorily fulfilled. Reform is not yet sustainable and irreversible.
The most important immediate step is for the government and the key institutions of Romania to demonstrate their commitment to the rule of law and to judicial independence. This requires a number of urgent steps by the government and Parliament.
For this purpose we have included a number of specific and urgent recommendations to Romania to which Prime Minister Ponta committed in a letter to President Barroso on 17 July.
In addition to these recommendations made in light of recent events, we also make a number of other recommendations to Romania in the areas of judicial reform, including accountability of the judicial system and disciplinary responsibility of public prosecutors.
The European Commission will monitor the situation and issue a further report under the CVM before the end of 2012 to assess whether its concerns have been addressed and democratic checks and balances have been restored.
Yours sincerely,

Ms Anca Paduraru
Deutsche Welle Radio & International Security Network
e-mail: anca_paduraru@vahoo.com
Mail : European Commission - Office : BERL 12/294 -1049 Brussels - Belgium
Adress : rue de la Loi / Wetstraat 200, 1040 Bruxelles / Brussel
Tel. +32-2-298.12.30 - Fax: +32-2-299.92.01 - E-mail: Martin.Selmayr@ec.europa.eu
Ref. Ares(2012)1086014 - 19/09/2012

----- Forwarded Message -----
From: anca paduraru
To: "Pia.Ahrenkilde-Hansen@ec.europa.eu";"Mark-Stephen.Gray@ec.europa.eu";"Mina.Andreeva@ec.europa.eu"
Cc: "secretargeneral@csm1909.ro";"secretar_general@csm1909.ro"
Sent: Wednesday, July 25, 2012 4:24 PM
Subject: attn Mr. Barroso & Ms Reding: Romanian Superior Council of Magistrates denies responsibility over Prosecutor General unprofessional conduct

Dear Ms Reding, Dear Mr Barroso,
In my previous email to you, I informed you about my filing a criminal complaint with the Superior Council of Magistrates [CSM] against Romania's Prosecutor General Laura Codruta Kovesi, for her constant failure in investigating and prosecuting those prosecutors who leak to the media information from the files they have under investigation, prior to any official indictment and referral to a court of law of the respective cases, which results in a de facto public witch-hunt of people who should be regarded as innocent, until proven guilty.
This is to inform you that the CSM, in its answer to my complaint, denied responsibility in investigating the Prosecutor General and referred my complaint to the Office of the ... Prosecutor General.
Please find attached the CSM answer.
I find this answer offensive beyond belief and words:
First, because it is exactly under the CSM's authority to supervise the professional conduct of judges and prosecutors alike.
This is amply explained in the Guides posted online, on the very CSM website, at http://www.csm1909.ro/csm/index.php?cmd=0601
And second, because there is no such thing as a democratic society in which a body performs as its own supervisor, as the CSM seems to suggest the Prosecutor's Office might be in Romania, with its referring of my complaint against the Prosecutor General Kovesi to the very office she is heading.
Now, is this not a piece of work and proof that the check and balances in Romania's leadership are totally corrupt?
Should not warrant this for the EU to have a look into the working of the CSM itself, and how and if it abides by the law?
May I remind here the other observation I made in my previous email: the one referring to the Constitutional Court.
I restate here that this political court [not part of the judiciary] is overstepping its constitutional boundaries,
with consistently ruling on matters which are [or should be] solely under the jurisdiction of the Supreme Court [The High Court of Cassation and Justice] and on matters pertaining to the economy.
Please check my statement above against the comments you may receive from both the High Court of Cassation and Justice and from the bilateral Chambers of Commerce active in Romania, as the American-Romanian Chamber of Commerce or German-Romanian Chamber of Commerce, for instance.
After doing so, you may want to exercise some caution when commenting on the rulings adopted by the Constitutional Court, as itself is in bad need of having redrafted its status in the Romanian society.
Best regards,
Anca Paduraru
This goes to the office of CSM too, for their information.

----- Forwarded Message -----
From: anca paduraru
To: "secretargeneral@csm1909.ro";"secretar_general@csm1909.ro"; "officeamr@yahoo.com"
Sent: Friday, July 13, 2012 6:59 PM
Subject: Fw: attn Mr. Barroso & Ms Reding: Romanian citizen&journalist files criminal complaint against Romania's Prosecutor General

Stimat Consiliu Superior al Magistraturii,
Stimata Asociatie a Magistratilor din Romania,
Va aduc la cunostinta ca am informat autoritatile de la Bruxelles, mai exact pe vicepresedintele Comisiei Europene Vivienne Reding, respectiv pe presedintele Comisiei Europene Jose Manuel Barroso, despre plangerea penala pe care am depus-o impotriva dnei Kovesi.
Aveti mai jos.
Cele bune,
Anca Paduraru
Deutsche Welle Radio & International Security Network
blog http://romanianfreelancerap.blogspot.com/

----- Forwarded Message -----
From: anca paduraru
To: "Pia.Ahrenkilde-Hansen@ec.europa.eu";"Mark-Stephen.Gray@ec.europa.eu"
Cc: "Mina.Andreeva@ec.europa.eu"
Sent: Friday, July 13, 2012 6:28 PM
Subject: attn Mr. Barroso & Ms Reding: Romanian citizen&journalist files criminal complaint against Romania's Prosecutor General

Dear Ms Reding, Dear Mr. Barroso,
My name is Anca Paduraru, I am a Romanian citizen living in Bucharest, and a journalist with international media for the past 12 years.
Details of my professional past you have on the blog in my signature below.
I know of your recent heightened interest in holding Romania's political elite accountable and steady on the course of abiding by the law.
I thank you for that.
This is to inform you that I filed with the Supreme Council of Magistrates (CSM) in Romania a criminal complaint against the country's Prosecutor General Laura Codruta Kovesi.
For I believe that the elite in the judiciary should also abide by the law.
I want Kovesi prosecuted for she is guilty of not upholding the law, since she allows prosecutors to exploit information in the files they have under investigation, via media channels, prior to any official indictment being filed with a court. Kovesi should hold these prosecutors accountable for the illegal leak of information they consistently perform, and she consistently is not. This situation carries on for years, since Kovesi took the top-most position in the Prosecutor's Office, and succeeded in turning this public office into a true political weapon, with public execution of people, before their files even or ever made it to trial.
The second point that I want to bring to your attention, regarding the accountability of the Romanian judiciary in upholding the law refers to the Constitutional Court.
It is right to have this Court's position strengthened, I agree.
And I thank you for looking into this matter in your recent message to the Romanian Executive.
However, it is also right for this Court to not overstep its legal status.
This Court should also be held accountable.
Asking for more information from Romania's Supreme Court quarters would clarify for you what I mean: the Constitutional Court consistently infringed upon its ... constitutional role, and ruled on matters which fell EXCLUSIVELY under the prerogatives of the Supreme Court.
There is real and serious tension between the two courts on account of this consistent behavior of the Constitutional Court.
Please check and clarify this, to also make it part of your recent requirements with the Romanian rulers.
Things are not performing as they should not only in the Executive or Parliament quarters, you know ...
Please find below the text of the criminal complaint I filed.
Also be advised that I informed the Association of Magistrates in Romania of my formal criminal complaint with the CSM against Kovesi.
Best regards,
Your Romanian taxpayer
Anca Paduraru

----- Forwarded Message -----
From: anca paduraru

To: "secretar_general@csm1909.ro";"secretargeneral@csm1909.ro"
Sent: Wednesday, July 11, 2012 10:08 PM
Subject: plangere penala impotriva Procurorului General Kovesi
Bucureşti, Calea Plevnei nr. 141 B, sector 6
Tel.: 021/311.69.04. Web: www.csm1909.ro

In atentia Inspectiei Judiciare

Datele de identificare ale petiţionarului
Subsemnata Paduraru Anca, [...] cu reşedinţa în Bucuresti, de profesie ziarist, corespondent DW Radio si International
Security Network, prin prezentul memoriu vă aduc la cunoştiiţă următoarele:

Obiectul sesizării
Reclam fapta Procurorului General al Romaniei, Laura Codruta Kovesi, care a incalcat obligatia sa profesionala de a pune sub acuzare procurorul de caz, vinovat de transmiterea catre presa a datelor din dosarul unei anchete penale in curs.
Identitatea procurorului de caz imi este necunoscuta la acest moment.
Este vorba despre informatiile livrate presei miercuri, 11 iulie 2012, privitoare la procurorii Marcel Balan si Marcel Sanpetru si interceptarea convobirilor lor telefonice.
Fapta dnei Kovesi se inscrie, dupa stiinta mea, sub incidenta Art 248, Cp, privitor la abuzul in serviciu contra intereselor publice, si Art. 263, Cp, privitor la omisiunea sesizarii organelor judiciare.
Sunt sigura ca ea intra sub incidenta si a altor legi si regulamente care regleaza comportamentul profesional si legal al procurorilor in exercitarea functiei lor publice.
Solicit CSM sa sanctioneze Procurorul General, de fiecare data cand, in viitor, scurgerile de informatie din dosarele unor procurori nu vor fi urmate de imediata punere a lor sub acuzare, de catre acesta.
Data: 11 iulie 2012

Vă multumesc,
Anca Paduraru