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September 24, 2021
JUSTICE

CSM explains negative report on judiciary laws proposed by Tudorel Toader: Changing appointment procedure at helm of DNA and DIICOT would create imbalance

The Supreme Magistracy Council (CSM) explains, in an answer to the proposals formulated by the Justice Ministry, the negative report it issued and claims that changing the procedure for the appointment of the Chief Prosecutors of the National Anticorruption Directorate (DNA), the Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ) and the Directorate for the Investigation of Organised Crime and Terrorism (DIICOT) would create imbalance within the judiciary.

The CSM has sent to the Justice Ministry the decision adopted by the CSM Plenum, containing the reasons substantiating the negative report on the bill amending and supplementing law no.303/2004 on the statute of judges and prosecutors, law no.304/2004 on the judiciary’s organisation and law no.317/2004 on the Supreme Magistracy Council.

In the document, the CSM refers to several aspects of the bill. One of them concerns the procedure for appointing the holders of leadership positions at the National Anticorruption Directorate (DNA), the Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ) and the Directorate for the Investigation of Organised Crime and Terrorism (DIICOT).

“The proposal from the bill only serves to generate imbalance in the appointment procedure. Thus, in case of a nomination made by the Justice Minister, the Supreme Magistracy Council does not have real freedom of choice and, on the other hand, it can refuse only once the proposed appointment in one of these leadership positions. Consequently, via the proposed procedure, the decisive share in the appointment procedure is in reality held by the Justice Minister, so by the executive branch, the Supreme Magistracy Council’s role appearing to be solely a formal role,” reads the document sent to the Justice Ministry.

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