JUSTICE POLITICS

Draft judiciary laws: PSD-ALDE Coalition tables three bills as legislative initiatives. President appoints chief prosecutors, but can turn down nomination only once, and CSM dismisses them

A prosecutor’s office for the probing of magistrates to be set up

 

The draft judiciary laws that PSD-ALDE tabled within Parliament keep the President involved in the procedure for the appointment of chief prosecutors, but not in the procedure for their dismissal, and rule that the Head of State can refuse a nominated chief prosecutor only once, that the Judicial Inspection is an autonomous institution, and that the Directorate for the Investigation of Crimes Committed by Judges and Prosecutors will be set up as part of the Supreme Court’s Prosecutor’s Office. PSD President Liviu Dragnea stated on Tuesday, at the Palace of Parliament, that he asked Florin Iordache to consider his public stance on the procedure for the appointment of the chief prosecutors, namely to uphold the current procedure which stipulates that the chiefs of the main prosecutor’s offices are nominated by the Justice Minister, green-lighted by the CSM and appointed in office by the Romanian President.

On Tuesday, the PSD-ALDE Coalition tabled three bills as legislative initiatives, namely the bills amending the CSM Law, the Statute of judges and prosecutors and the law on judiciary organisation.

According to the bill amending the CSM Law, the Supreme Magistracy Council’s (CSM) Section for Judges proposes to the Romanian President the appointment and dismissal of judges, as well as the appointment and dismissal of the President and Vice Presidents of the High Court of Justice.

At the same time, the CSM’s Section for Prosecutors forwards to the Romanian President the Justice Minister’s nominations for the offices of Prosecutor General, First Deputy and Deputy Prosecutor General; of Chief Prosecutor and Deputy Chief Prosecutors of the National Anticorruption Directorate (DNA); of Chief Prosecutor and Deputy Chief Prosecutors of the Department for the Investigation of Organised Crime and Terrorism (DIICOT); of Chief Prosecutor and Deputy Chief Prosecutors of the Directorate for the Investigation of Crimes Committed by Judges and Prosecutors (DIISJP).

On the other hand, in what concerns their dismissal, the bill stipulates only that the CSM green-lights the Justice Minister’s proposal in this sense.

At the same time, the bill stipulates the setting up of the National Council for the Integrity of Judges and Prosecutors, which appoints and dismisses the leadership of the Judicial Inspection, the latter set to be an autonomous institution.

The bill amending the law on judiciary organisation stipulates the setting up of the Directorate for the Investigation of Crimes Committed by Judges and Prosecutors (DIISJP), as part of the High Court’s Prosecutor’s Office.

The bill establishes that the Justice Minister, when he considers it necessary, on his own initiative or at the CSM’s request, exercises oversight over prosecutors, via prosecutors designated by the Prosecutor General, by the heads of the DNA, DIICOT and DIISJP, or by the Justice Minister.

Likewise, the Justice Minister can ask for reports on the activity of prosecutor’s offices and can offer written guidelines regarding the measures that must be taken for the efficient prevention and combating of criminality.

According to the bill, the Justice Minister will present before Parliament his conclusions on the annual activity report of the High Court’s Prosecutor’s Office, DIICOT, DNA and DIISJP.

According to the bill amending the Statute of judges and prosecutors, the Romanian President can refuse, in a justified manner, only one time, the nominated prosecutors and judges. The President can refuse, also one time, the nominations for the offices of President and Vice Presidents of the High Court of Cassation and Justice, of Prosecutor General, First Deputy, and Deputy Prosecutor General, of Chief Prosecutor and Deputy Chief Prosecutors of the DNA, of Chief Prosecutor and Deputy Chief Prosecutors of the DIICOT, of Chief Prosecutor and Deputy Chief Prosecutors of the DIISJP.

The bill amending the Statute of judges and prosecutors also stipulates that chief prosecutors and deputy chief prosecutors are dismissed by the CSM, at the Justice Minister’s proposal.

Related posts

Piedone to run for new term as mayor for UNPR

Nine O' Clock

CSOP poll: Ungureanu wins points in voter confidence index

Nine O' Clock

Senate panel backs extended asset freeze

Nine O' Clock