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| Debates on the nomination of prosecutors |
| (2012-09-19) |
| Last updated: 2012-09-19 13:23 EET |
The nomination of the heads of the Prosecutor’s Office and the National Anti-corruption Directorate has already started in Bucharest. The term of the incumbent Prosecutor General, Laura Codruta Kovesi expires in two weeks, while that of the Chief Prosecutor of the National Anti-corruption Directorate, Daniel Morar, ended in February. He has since been appointed interim Chief Prosecutor twice pending the appointment of a new head.
The European Union is keeping a close eye on the situation in Romania, especially after the political crisis this summer which saw a second referendum on the impeachment of president Traian Basescu. Following the result of the referendum, Traian Basescu resumed his term, which ends in 2014. Early this week, during talks with Romanian Prime Minister Victor Ponta, the president of the European Commission, Jose Manuel Barroso underscored the need for Romania to dispel all doubts on its commitment to the rule of law, the independence of the judiciary and compliance with the rulings of the Constitutional court.
Moreover, Barroso emphasized the importance that the nominations for the posts of Prosecutor General and Chief Prosecutor of the National Anti-corruption Directorate are made in a fair and transparent manner. Meanwhile, these nominations have sparked heated debates in Bucharest. The Supreme Council of Magistracy has criticised the nomination procedure, saying they should be made by the Council and not by the justice minister as has been the case so far.
The Council members say the minister’s selection procedure has not been transparent and that nominations cannot be challenged in court, which curtails the right to justice. The Council members are also dissatisfied with the short 3-day deadline for the submission of nominations and projects, which is shorter than the deadlines for other managing positions.
The justice minister Mona Pivniceru said she would go ahead with the nomination procedure for the posts of General Prosecutor and Chief Prosecutor of the National Anti-corruption Directorate, but didn’t rule out the possibility of making certain changes. She also made it clear that she would extend the deadline for the submission of applications. According to the current law, the justice minister makes the nominations for all managing positions in the Public Ministry, while the Supreme Council of Magistracy gives its opinion on each of the nominations before Romania’s president makes the final appointment.
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