JusMin Toader on Superior Council of Magistrcy's proposal on appointing chief prosecutors: Laws already adopted

Justice Minister Tudorel Toader told AGERPRES on Thursday, in connection with the proposal of the Superior Council of Magistracy (CSM) to change the procedure for the appointment and dismissal of chief prosecutors, that the Justice laws have already been adopted.

"The laws have already been adopted!," Minister Tudorel Toader said.

The Prosecutor's Section of the CSM decided to notify Minister of Justice Tudorel Toader and Florin Iordache, Chair of the Joint Special Committee of the Chamber of Deputies and the Senate for the systematization, unification and assurance of legislative stability in the field of justice, in connection with the proposal to amend Art. 54 par. (1) and (4) of Law 303/2004 on the statute of judges and prosecutors, which regulates the appointment and dismissal of chief prosecutors.

According to a CSM statement, the decision of the Prosecutor's Section was taken in Tuesday's sitting.

The notification shows that, in view of the decision of Constitutional Court 358/2018, the Prosecutor's Section of the CSM proposed the amendment of the provisions of Art. 54 par. (1) and (4) of Law no. 303/2004, as follows:

"Article 54 - (1) The Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice, his/her first deputy and deputy, the chief prosecutor of the National Anticorruption Directorate, his/her deputies, section chief prosecutors of these prosecutor's offices, and also the Chief Prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism and his/her deputies are appointed by the President of Romania, at the proposal of the Prosecutor's Section of the Superior Council of Magistracy, with the opinion of the Minister of Justice, from among the prosecutors who have a minimum of 10 years of service of a judge or prosecutor, for a period of three years, with the possibility of re-investing once."

"Article 54 (4) The revocation of the prosecutors from the leading positions provided in par. (1) shall be made by the President of Romania, at the proposal of the Prosecutor's Section of the Superior Council of Magistracy, with the opinion of the Minister of Justice. The Prosecutor's Section can notify on his/her own, at the request of the general assembly or, as the case may be, of the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice or the Chief Prosecutor of the National Anticorruption Directorate or the Directorate for the Investigation of Organized Crime and Terrorism, for the reasons referred to in Article 51 (2), which shall apply accordingly".

The CSM argues that, to the extent to which it is considered that the selection proposal for these positions should remain the attribute of the Minister of Justice, the Prosecutor's Section proposed the amendment of the norm, as follows:

"Article 54 - (1) The Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice, his/her first deputy and deputy, the chief prosecutor of the National Anticorruption Directorate, his/her deputies, the section chief prosecutors of these prosecutor's offices, and the Chief Prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism and his/her deputies are appointed by the President of Romania, at the proposal of the Minister of Justice, with the approval of the Prosecutor's Section of the Superior Council of Magistracy, from among the prosecutors who have a minimum age of 10 years of service as a judge or prosecutor, for a period of three years, with the possibility of being re-invested once".

"Art. 54. - (4) The revocation of the prosecutors from the leading positions provided for in par. (1) shall be made by the President of Romania, at the proposal of the Minister of Justice, who can notify on his/her own, at the request of the general assembly or, as the case may be, of the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice or the Chief Prosecutor of the National Anticorruption Directorate or the Directorate for the Investigation of Organized Crime and Terrorism, with the opinion of the Prosecutor's Section of the Superior Council of Magistracy for the reasons to Article 51 (2), which shall apply accordingly".

In both cases, the Prosecutor's Section of the Superior Council of Magistracy considers that the proposed legislative amendment ensure the strengthening of the role the Fundamental Law assigns to the Superior Council of Magistracy by the provisions of art. 133 par. (1) of the Constitution of Romania