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January 22, 2021
JUSTICE

JusMin Toader: CVM recommends us to find transparent procedures on appointing highly-ranked prosecutors

The European Commission has recommended Romania, under the Co-operation and Verification Mechanism (CVM), to find transparent procedures on appointing the prosecutor general and the National Anti-corruption Directorate (DNA) and the Directorate for Investigating Organized Crime and Terrorism (DIICOT) chief-prosecutors, Justice Minister Tudorel Toader said Monday.

“Do you know what the first recommendation is? Establishing a transparent mechanism, safe from political interferences, on appointing the highly-ranked prosecutors. The procedure of appointing prosecutors is 12-13 years old. Since the CVM, according to the law in force, through which the minister proposes, the CSM [Superior Council of Magistrates] issues an opinion and the president appoints, also being able to disregard the CSM opinion (…), recommends us to find transparent procedures, safe from political interferences, it means there is a problem with the current regulation, which we want to improve and adapt to those recommendations,” Toader told Antena 3 private television broadcaster.

In his opinion, all European Commission recommendations could be met until the end of this year, so that the CVM be lifted in 2018.

“We are still under that CVM monitoring, we have in the period 18 – 20 September (…) the monitoring visit which has been scheduled since the beginning of the year (…). The CVM, of course, I am voicing some optimism on it being lifted in the beginning of 2018, because there are 12 recommendations to fulfill (…) and since I have been minister, as well as before, all measures have been taken to meet those recommendations,” the Justice Minister also said.

 

“Relation between Judiciary Inspection and CSM not well balanced”

 

The relation between the Judiciary Inspection and the Superior Council of Magistrates (CSM) is not very well balanced, therefore a repositioning of the two institutions is needed, Justice Minister Tudorel Toader stated on Monday.

“I would be glad if the public opinion understood or started to understand what I was saying (…) in the beginning of my tenure as minister, the fact that Romania’s justice squeaks from all joints and it must be reset, brought back on track, restored to constitutional parameters. What must be or what I believe that can be understood from what happened at the CSM is the fact that something squeaks there, the fact that, just as I proposed a bill for amending the justice laws, the relation between the Judiciary Inspection and the Superior Council of Magistrates in not well balanced, the two entities are not good positioned,” Toader told Antena 3 private television broadcaster.

In his opinion, the proposal that he made regarding the Judiciary Inspection to pass to the Justice Ministry would be the best solution to ensure the independence of the institution.

 

JusMin Toader thinks about Senate proposing prosecutor general, after US model

 

Justice Minister Tudorel Toader stated on Monday, referring to the concerns voiced by US Ambassador Hans Klemm regarding the draft law amending justice laws, that he might take into account that Romania’s prosecutor general be proposed by the Senate, just like in the US.

“Perhaps he is concerned with the fact that (…) we didn’t propose the most democratic system, from the US, through which the prosecutor general is appointed by the Senate. And then, if we are to scatter the concern, I am thinking about proposing that Romania’s prosecutor general be proposed by the Senate, so that we have an equivalence of procedures and strive for the same standard of democracy,” Toader told Antena 3 private television station, announcing he is to meet on Tuesday morning with Ambassador Hans Klemm, this being the third meeting between the two.

The Minister added that, in his opinion, it’s not that important who proposes or appoints the prosecutor general, but what it’s essential is that the person taking the office be completely independent.

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