Emilia Serkan’s analysis is “a simple general assessment, in summary, partial, out of context, and excerpt, based on texts selected by the journalist”

Controversial arguments in the motives of the second file presented by Prime Minister Nikolai Siuka in his attempt to prevent the analysis of his doctoral thesis. In the decision in which he decided, on June 21, to overturn the three complaints of plagiarism in the thesis defended by the current Prime Minister in 2003, Judge Marius Yusuf of the Bucharest Court of Appeal went to the background and expressed a personal and partisan opinion.: He questioned the evidence in an article Emilia Zerkan in which she revealed massive plagiarism in her doctoral dissertation at Ciucă.

In fact, for seven years, none of the plagiarisms discovered by Șercan were definitively refuted, on the merits, by the National Council on Attestation of Undergraduate Degrees, Diplomas, and Certificates (CNATDCU). G4Media.ro announced, in June, the fact that, in the past, Yusuf has been appointed to several government positions by the PNL and that there are indications that Ciucă’s case has gone to extremes by manipulating the random distribution.

A few days after canceling the notifications, Youssef applied for retirement at the Syrian Media Center. The decision in the first case initiated by Ciuca in this case, the recognition of the suspension of the effects of the notifications, had a controversial motive: Judge Ionela Tudor, also of the Bucharest Court of Appeal, invoked the need for stability on the grounds that the plagiarism scandal could become a weapon for the political opponents of the Prime Minister, Chairman of the National Liberation Party.

  • A key excerpt from Joseph’s motive shows that he expressed himself on a question that was not the subject of the proceedings: for an independent and objective analysis of notifications, the article published in the press which, in the authors’ opinion, has the role of both notification and motive, but also appendices, as the case may be, It is not sufficient for the analysis required by law. Individual and independent analysis by legally appointed members of the CNATDCU committee should take into account the concrete situation, which would allow for a documented, objective and reasoned assessment. This analysis will be from a specialist perspective, familiar with the field in which the doctoral thesis has been prepared, and not a simple, general, abstract, partial, out-of-context, truncated assessment, based on texts selected by the journalist.”

Much of the decisions to withdraw the PhD, due to plagiarism, made thus far by CNATDCU, have been based on journal articles, particularly by Emilia Serkan. In motivating these decisions, CNATDCU committee members examined each of its materials.

Under these circumstances, it is not clear why Judge Yusuf gave credit, on the one hand, to CNATDCU specialists, and on the other hand, criticism of Șercan, in particular, and journalistic revelations in general. The long list of alleged flaws in Serkan’s investigation goes beyond the tone of the rest of the motives, as well as the lack of ambiguity: “a simple general assessment, abstractly, partial, out of context, stanza, based on texts chosen by the journalist.”

In fact, it was not at all like this: Șercan showed in detail, factually and statistically, through a comparative analysis of the plagiarized source pages – his doctoral thesis, that Nicolae Ciucă’s thesis includes unethically taken content on at least 42 pages of the total. from 138.

In this regard, in an article dated January 18, 2022, I provided several diagrams in which the authors were presented plagiarized, the number of lines taken from each of them in violation of the rules of morality, as well as examples of situations – face to face. flip pages.

Image source: pressone.ro

Grafic.jpg Source: pressone.ro One of the proofs provided by Emilia Sircan

Emilia Serkan has 7 years experience in detecting famous plagiarism cases, among those who lost their Ph.D. or were presented as plagiarism after being revealed to be politicians, senior civil servants, intelligence officers or the military: Gabriel Opera, Dumitru Dombrovy, Petri Toby, Adrian Iakop, Alexandru Kotlin Ioni, Darius Falkov, Florin Konstantin Mitulio Puetsch, Bogdan Leko, Kudru Olaru, Florin Budog. So far, none of his revelations have been conclusively refuted, based on merits, by the CNATDCU.

“Although Judge Yosef did not go through the thesis or the bibliographic sources, he made a decision on the merits. Well, I can say that this is also how Prime Minister Ciucă plagiarized: in the summary, in part, taken from context, truncated, Based on selected texts “Emilia Șercan, pressone.ro journalist

Judge Yusef summoned in support of the decision to rescind the three notices and many aspects of their failure to meet their official conditions, claiming that the people who submitted them did not fill out the forms correctly and that they should not go to Emilia only Serkan: “(…) in the question there was no Evidence of the minimal approach of the authors of the notifications, i.e. documentation, consultation with a database, libraries, etc., they were limited to referring to someone else’s documentation process.(…) Complaints are undocumented, unpaid and uncontested, but contain The same newspaper article, which is officially identical, contains the same elements (in terms of suspicions and allegations of plagiarism), has the same structure and indicates the same text coordinates for the alleged similarities between the doctoral thesis and previous work, all of these were created and belong to a third person, the author of the incoming article in notifications.

In fact, a newspaper article cannot be submitted as an official notification to an authority, in order to later make it a subject of public discussion, which cannot demand a correct and objective analysis which would allow to prove the solution requested by notification, with respect to relevant and conclusive evidence.

Such an analysis cannot be carried out because the complaint does not meet the legal requirements, is not motivated and lacks evidence, because there are no additional arguments for the journalist’s opinion on the article (expressed subjectively), as a means of freedom of expression. within or above these limits) and no evidence is required for a full comparative analysis.”

Judge Youssef rewrites the reality and denies one of the democratic levers, which is the efficacy of the right to petition in the constitution: objectives that allow to prove the solution requested by notification, with respect to relevant and peremptory evidence.”

In these lines, Judge Yusuf prefers himself, again, on the subject of the arguments that Serkan made in his article. In addition, there are countless cases in another key area of ​​the judiciary, criminal justice, where prosecutors did not wait to receive complaints, but complained to themselves after newspaper articles, sparking heated public debate. Case file investigators. According to Joseph’s beliefs, this normal procedure in a democratic system is dubious and lacks credibility.

The June 21 decision of Judge Marius Yosef can be appealed by the Executive Unit where the three notifications were recorded before reaching the CNATDCU schedule, as well as by the Ministry of Education, and the latter institution led by Soren Cambiano, affiliated with Ciucă.

The Ministry of Education was subordinate to the Executive Unit and had a suspicious situation during the trial: on the one hand, it asked to be excluded from the case because it would not be of procedural quality, and on the other hand, while they were in it. Conclusions on the merits of the case were drawn up, through counsel, and the decision was left to the discretion of the court. In almost all cases where a public institution or its affiliate is sued in connection with the legality of an act of theirs, their lawyers request that the lawsuit be dismissed. Otherwise, it is as if they indirectly admit that the act was adopted illegally.

Image source: Antena3.ro

G4Media.ro announced, last month, that during the period 2007-2008, during his time as a judge in Braشوفov, Marius Joseph was appointed by the then Liberal Minister of Justice, Theodore Kiwaru, as Director of the Ministry and Director. General of the National Prison Administration.

There are indications that the case resolved on June 21 has reached completion by manipulating random distribution, in this sense, 14 NGOs request verification of this case from the judicial inspection and the Supreme Judicial Council. In response, the Court of Appeal stated that this was a “technical error”. Three days after rescinding the notices, Iosif submitted a retirement application to the SCM starting August 1, 2022.

His decision came after another, as of March 1, 2022, as another committee of the Bucharest Court of Appeal recognized another request by Ciucă, to suspend the effects of the registration of plagiarism notices. In the decision at the time, Judge Ionella Tudor pushed to accept the prime minister’s request with the fact that Romania needed stability and that the plagiarism scandal could become a weapon for his political opponents.

In the process, Ciucă was defended by the law firm Mușat & Associates, the same firm that provided legal advice to President Klaus Iohannis in the case in which he challenged, in 2014, the inconsistency decision made by the National Integrity Agency in his case.

At the same time, the current President of the Supreme Court of Cassation and Justice, Justice Corinna Corbu, was appointed to this law firm, in 2019. In 2018, after Corbo returned to the judiciary, Iohannis appointed the head of the department. Administrative litigation from this court. In a response to G4Media.ro, Mowat and his associates said their former employee had no role in Yohannes’ case.

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