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February 3, 2023

Motoc refused ministerial nomination as wife works for ECHR

Mihnea Motoc gave up his nomination for the position of Foreign Affairs Minister after his wife Iulia Motoc, a magistrate at the European Court of Human Rights, pointed out that this appointment would place her in a situation of incompatibility at ECHR, official sources announced.The quoted sources declared for Mediafax that Iulia Motoc had pointed out that the appointment of her husband at the management of an institution involved in numerous lawsuits at the European Court of Human Rights, respectively the Ministry of Foreign Affairs, would place her in a situation of incompatibility, mentioned in the Court regulations.Under these circumstances, Mihnea Motoc contacted PM Victor Ponta, who maintained his proposal, and replied that, due to these reasons, he would finally decline the offer of being appointed Minister.Contacted by Mediafax, PM Victor confirmed the incompatibility issue.ECHR regulations establish that a judge cannot be part of a case if he has a personal interest in the trial, even as far as a spouse, a parent or a close relative is concerned, a personal, professional or subordination relation with anyone involved in a lawsuit.Iulia Motoc has been a judge at ECHR since last December, after having previously worked at the Constitutional Court.Last autumn, the Parliamentary Assembly of the Council of Europe chose Iulia Motoc as ECHR judge from the three propositions made by the Romanian Government.In June 2013, the reunited legal and human rights commissions of the two Chambers of the Parliament had issued a negative notification regarding Iulia Motoc’s candidacy for the position of judge at ECHR.On Monday, PM Ponta reconsidered Mihnea Motoc’s nomination as Foreign Affairs Minister, and instead proposed Bogdan Aurescu  for the respective position. The proposition was accepted by President Traian Basescu.




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