A major constitutional crisis erupted in Romania in 2012 after a dispute between President Traian Băsescu and Prime Minister Victor Ponta. A dispute arose between the two regarding the representation of Romania to the European Council reunion of June 28, 2012. The dispute degenerated in civil disobedience and conflicting views between political parties."Germany, U.S: Romania power struggle hurts democracy", Reuters On 12 December 2012, Băsescu and Ponta signed an agreement on institutional cohabitation, effectively ending the crisis.
Background
President Traian Băsescu and Prime Minister Victor Ponta became locked in a constitutional judicial conflict over Romania's representation at the June 28, 2012 meeting of the European Council. President Traian Băsescu submitted a complaint to Romania's Constitutional Court in point of the conflict with Government concerning the representation on the European Council. Ponta declared to the Romanian press agency Mediafax that misconception claimed by President Băsescu to the Constitutional Court is between Presidency and Parliament, and Court judges can only determine the existence of a conflict, that can not be solved only by amending the Constitution."CCR decides today who will go to the European Council", Bună Ziua Iași
Parliament plenary adopted on June 12, 2012, with 249 votes in favor, 30 against and two abstentions, a political declaration recommending that at European Council meeting on June 28 Romania to be represented by Premier Victor Ponta, not by President Traian Băsescu."Parliament sends Victor Ponta to the European Council" , Agenda That decision triggered a fierce conflict between the two Palaces. , President Traian Băsescu sent to Premier Victor Ponta a letter which drew attention that participation in the European Council without a mandate from the President legally equalizes with ownership of a constitutional prerogatives of the President. At a press conference, Ponta broke the letter, ironically replying this gesture."Prime Minister Victor Ponta officially announces its departure to Brussels. Presidency without reaction", TVRinfo.ro
On June 27, Constitutional Court decides that the President is required to attend the European Council in Brussels. Ponta respond in a way that nobody expected. Government takes in authority the Official Monitor, delaying publication of the Constitutional Court decision, regarding participation in European Council and making the presence of Victor Ponta in Brussels to be legal.
Plagiarism controversy
Victor Ponta obtained his PhD in law from the University of Bucharest, in July 2003, with a thesis entitled "International Criminal Court". Scientific advisor of this piece of work was Adrian Năstase, then Prime Minister in office, who serves a 1-year sentence in prison since 2012.
On June 18, 2012, online edition of Nature magazine published the news that Victor Ponta, "Prime Minister of Romania, has been accused of copying large sections of his 2003 PhD thesis in law from previous publications, without proper reference"."Romanian prime minister accused of plagiarism", Nature.com The charge was made on the basis of documents compiled by an anonymous whistleblower. "Ponta obtained his doctorate from the University of Bucharest while he was Secretary of State in Năstase I Cabinet, who was his doctoral thesis supervisor", the author writes.
Concomitantly, imputation of plagiarism was also published by German newspaper Frankfurter Allgemeine Zeitung."Plagiatsvorwurf gegen Rumäniens Ministerpräsident", Faz.net Karl Peter Schwarz, a journalist from the newspaper and author of the inquiry published by him, commented on the subject in an interview on June 20, 2012, in which showed that the case would be worse than plagiarists politicians in Germany and Hungary, whereas the latter "didn't copy whole pages of the thesis, as he did"."Karl Peter Schwarz, author of the inquiry of German newspaper Frankfurter Allgemeine Zeitung: Ponta case is worse than Schmitt and Guttemberg cases «because they didn't copy entire pages of the thesis, as he did»", HotNews.ro News from Nature, about plagiarism, were resumed by Romanian and international press, in România Liberă,"Ponta's plagiarism. The authors of «Nature» for RL: «We have no doubt on the credibility of our sources»" , România Liberă Hotnews.ro,"Nature magazine: Romanian Prime Minister Victor Ponta, accused of plagiarism", HotNews.ro Financial Times Deutschland,"Rumänischer Ministerpräsident unter Plagiatsverdacht" , Financial Times Deutschland The Guardian,"Romanian prime minister accused of plagiarism", The Guardian weekly Die Zeit,"Plagiatsvorwürfe gegen Rumäniens Regierungschef", Zeit.de Il Messaggero (Italy),"Il premier rumeno Ponta nei guai: «Ha copiato la tesi»" , Il Messaggero El Mundo (Spain),"El primer ministro rumano Victor Pontas, acusado de plagiar su tesis doctoral", El Mundo The Hindu (India),"Romanian PM accused of plagiarism by Nature, The Hindu Le Monde,"BAC – Si vous plagiez, ne soyez pas premier ministre en Roumanie" , Le Monde BBC."Romanian PM Victor Ponta rejects plagiarism claim", BBC News
A document published by TVR presents the passages of thesis copied in parallel with source texts. It appears that much of the work was copied, word for word, from the following works:Comparison: PhD thesis and source texts , TVRinfo.ro Diaconu, D.: International Criminal Court, History and Reality, All Beck Publishing House, 1999; Crețu, V.: International Criminal Law, Tempus Publishing House, 1996; Diaconu, I.: The International Criminal Court: A New Stage, Nicolae Titulescu Romanian Inst. International Studies, 2002; Duculescu, V.: preface to the work of D. Diaconu, International Criminal Court, History and Reality.
Members of the National Council for the Recognition of Degrees, Diplomas and Certificates decided, after examining the thesis of PM Ponta, that he had plagiarized 85 pages of the work,"Victor Ponta «plagiarized 85 pages» of doctoral thesis", Radio România Actualități although in the press had conveyed numbers from 30"Dr. Ponta and plagiarism" , Revista 22 to about 130 pages plagiarized from these works."Victor Ponta's plagiarism - see documents supporting allegations", Ziare.com
A detailed analysis in parallel of the texts conducted by journalists from România Liberă indicated not only a taking over of the informative parts, but also of the authors' personal assessments, of the rhetorical questions put by them, of the references to older texts of the same author, and orthography mistakes."Ponta's plagiarism. The prime minister took inclusive grammatical mistakes and personal assessments" , România Liberă The doctoral thesis was subsequently published in book form, with a preface signed by even I. Diaconu (author of one of the three plagiarized works), having Daniela Coman as co-author. Other sources indicate author's preface as Adrian Năstase."Ponta's plagiarism. Four law professors dissolved PM defense" , România Liberă
On the other hand, National Ethics Council decided on July 18, 2012, that Ponta didn't plagiarize."Who cleaned Ponta of plagiarism. Chairman of the Board, specialist in agriculture. Some CNE members, former PCR coups", Evz.ro
On July 20, 2012, Ethics Committee of the University of Bucharest decided that Victor Ponta deliberately plagiarized, finding passages copied on 115 pages of the 297 (namely the thesis excluding Năstase's preface and appendices)."University of Bucharest: Victor Ponta plagiarized and deliberately plagiarized. Number of pages with copy-paste rose to 115", Adevărul.ro On the same day, Nature magazine related about contradictory verdicts of Government Ethics Commission and Ethics Committee of the university."Conflicting verdicts on Romanian prime minister's plagiarism", Nature.com"Ponta's plagiarism. See the position of «Nature» magazine about the committees' verdict that have investigated the premier" , România Liberă
Diesel fuel dossier
President Traian Băsescu and former Minister of Regional Development and Tourism, Elena Udrea, were intercepted in the dossier of former head of National Agency for Fiscal Administration, Sorin Blejnar."The Dossier «Diesel fuel». Discussion of Traian Băsescu and Elena Udrea with Sorin Blejnar, intercepted by prosecutors", Agenția de Investigații Media President Băsescu spoke on the phone with Blejnar about Rompetrol problem, but also about the situation of a company that has contracts with the State. Elena Udrea also had four discussions with Blejnar, in that they fixed appointments."Traian Băsescu and Elena Udrea, intercepted in Sorin Blejnar's Dossier «Diesel fuel»", România TV
The phone of former head of the IRS was heard by prosecutors in the case of diesel fuel imports in Brașov, in that the former head of NAFA was indicted by DIICOT prosecutors for favoring the offender.
Sorin Blejnar called in September 2010 the President Traian Băsescu, to inform him about a construction company, which has won numerous contracts with the State and which has debts. The company belongs to some PDL friends. Likewise, President demanded explanations about Rompetrol and told Blejnar to find solutions together with the Minister of Justice."Transcript of a discussion Blejnar-Băsescu. Presidency: Discussions focused Rompetrol debts. Collecting debts is subject to CSAT", Mediafax.ro
The Presidential Administration recognized the interceptions in DIICOT dossier. According to the Presidency, talks between President Băsescu and former head of NAFA focused on the recovery of Rompetrol company's debts to the State, given that combating tax evasion and collection of receivables from the state budget made the object of a CSAT decision of 28 June 2010."Băsescu's statements on the DIICOT interceptions in Sorin Blejnar's dossier" , Ghimpele.ro
The judicial inspection of the Superior Council of Magistracy initiated an investigation to see if the DIICOT case prosecutor in the Dossier "Diesel fuel" complied with the procedure when introduced interceptions with President Traian Băsescu in the dossier devoid of classifying them and to investigate a possible leak from Brașov Court."CSM seized for transcripts of Blejnar dossier. How did Băsescu attained them?" , Realitatea.net
Communique issued by the Presidential Administration
SCM scandal On January 4, 2013, there were held elections for the offices of President and vice-president of the Superior Council of Magistracy. The prosecutor Oana Schmidt Hăineală was chosen as president of the SCM, after being heard by the members of SCM, with his rival, the judge Mircea Aron. The conduct of elections triggered disputes and controversies between Superior Council of Magistracy and National Union of Judges in Romania, that roughly criticized the elections, whereon it considers untransparent and unprofessional. Likewise, the Magistrates Association in Romania expressed dissatisfaction with the appointment of Oana Hăineală as head of the SCM.
As a release of the situation, the department for judges of the Superior Council of Magistracy demanded the resignation of honor of Oana Schmidt Hăineală as president of SCM and, simultaneously, asked judges Alina Ghica and Cristi Danileț to relinquish the nomination for vice-president of the council.
Corruption scandal