The case of the citizenship of Romania's former President Traian Basescu has been sent to the Constitutional Court (CCM), which will decide which court will examine the case. Basescu's lawyer considers that President Igor Dodon might exert some pressure on the judges in the courts of law; therefore, he is asking the case to be examined by the Supreme Court of Justice.
The statements were made on Friday, July 14, by Andrei Bivol, Traian Basescu's lawyer. The defender specified that the court of first instance has accepted his appeal on unconstitutionality of the legal norm, by which the Supreme Court of Justice cannot examine the case on the citizenship of the former President of Romania.
"I have previously raised some doubts with regard to the independence of first instance courts’ judges, since they are promoted to higher positions by the president, Igor Dodon, who has the role of a defendant in this case. That is why I believe that the case must be examined by the Supreme Court of Justice, since judges there are independent from the presidential institution," Bivol said.
In his turn, Maxim Lebedinschi, Igor Dodon's lawyer, specified that the CCM must determine who is to begin the examination of the case: Chisinau Court, after which the Court of Appeal and the Supreme Court or, the case will directly be referred to the jurisdiction of the Supreme Court of Justice." In the next few days, the Constitutional Court will pronounce a decision with respect to this issue and later, within three months, another decision will be taken on the merits," Lebedinschi said.
Dodon's lawyer said the president's decree was based on legal norms. "You cannot withdraw one's citizenship on political grounds. At present, Traian Basescu does not have the citizenship of the Republic of Moldova. The Decree of the Head of the State remains in force after the Court of Appeal overturned its postponement," Lebedinschi said.
We remind you that the second hearing of Basescu vs. Dodon case took place at the end of June, in which the lawyer of the former Romanian leader presented to the court several evidence regarding the ungrounded withdrawal of Basescu’s citizenship.
Traian Basescu, received the citizenship of the Republic of Moldova in early June 2016, based on a decree of the former President, Nicolae Timofti. Later on January 3, the new head of state, Igor Dodon, signed a decree on the withdrawal of the citizenship granted to Basescu. In January this year, Basescu sued Dodon to the SCJ and on February 1, the SCJ handed over the case to the Chisinau Court.