The Prosecutors' Section of the Superior Council of Magistracy failed to issue, within the legal 30-day deadline, a consultative opinion on the candidacies of Alex Florenta for deputy chief prosecutor of the Directorate for Investigating Organised Crime and Terrorism (DIICOT) and Marius Voineag for deputy prosecutor general, but the appointment procedure may continue.
On Tuesday, for the fourth time, the five members of the Prosecutors' Section, along with Justice Minister Radu Marinescu, failed to reach a majority decision (either favourable or unfavourable), with both candidates receiving three votes in favour and three against.
Under Article 147(3) of Law 303/2022, the Superior Council of Magistracy must issue a reasoned opinion within 30 days of receiving the justice minister's request, while paragraph (4) stipulates that failure to do so within the deadline does not prevent the continuation of the procedure.
As a result, the process can move forward, and the justice minister may submit the nominations pending since March 2 to President Nicusor Dan without a formal opinion from the CSM.
The positions of prosecutor general of the Prosecutor's Office attached to the High Court of Cassation and Justice and chief prosecutor of the National Anti-Corruption Directorate became vacant on March 31, while the post of chief prosecutor of DIICOT will become vacant on April 14.
Marius Voineag is set to return to a lower-ranking prosecutor's office the Prosecutor's Office attached to the Bucharest Tribunal after his term as head of the anti-corruption directorate expires.
Only three candidates for top prosecutorial posts have received positive opinions from the CSM: Codrin Horatiu Miron (nominated for DIICOT chief prosecutor), Viorel Cerbu (for chief prosecutor of the National Anti-Corruption Directorate), and Marius-Ionel Stefan (for deputy chief prosecutor of the same institution).
On Tuesday evening, the Justice Ministry announced it would organise new interviews with candidates who received negative opinions from the Prosecutors' Section. These include Cristina Chiriac (proposed for prosecutor general), Marinela Minca (for deputy chief prosecutor of the anti-corruption directorate), and Gill-Julien Grigore-Iacobici (for deputy chief prosecutor of DIICOT). The interviews are scheduled for April 7, starting at 9:00.
Under the law, the Prosecutors' Section of the CSM issues a consultative opinion, after which the justice minister forwards nominations to the president. If the opinion is negative, the minister must hold a new interview with the candidate and may either proceed with the nomination or withdraw it and launch a new selection procedure within 60 days.
The president may refuse an appointment, providing reasons made public, and must issue a decree of appointment or a reasoned refusal within 60 days of receiving the proposal.
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