The Supreme Magistracy Council’s (CSM) Section for Prosecutors meets on Tuesday to discuss the Justice Minister’s request to have the DNA Chief Prosecutor dismissed from office. DNA Chief Prosecutor Laura Codruta Kovesi was invited at the meeting.
“To meet the general interest sparked by the consultative report demanded from the Supreme Magistracy Council, the Section for Prosecutors hereby informs the public opinion that it is due to discuss the Justice Minister’s request regarding the dismissal of National Anticorruption Directorate Chief Prosecutor during the meeting scheduled at 2 p.m. on Tuesday, 27 February 2018, at the Council’s headquarters,” the CSM informs.
The DNA Chief Prosecutor has been invited at the meeting.
Last Thursday, the Justice Minister announced the start of the procedure to have DNA Chief Prosecutor Laura Codruta Kovesi dismissed from office, presenting a 36-page report containing 20 point that present 20 “categories of documents and facts” ranging from February 2017 to February 2018, for which Toader blames the DNA Chief Prosecutor.
Last Friday, DNA Chief Prosecutor Laura Codruta Kovesi stated she will follow the legal procedure and will show up each time she has to answer, point-by-point, all the statements presented by Justice Minister Tudorel Toader, who had announced the start of the procedure to have her dismissed from office.
“I will follow the legal procedure and I will show up, every time there is a need to answer, point-by-point, all the statements presented by the Justice Minister,” DNA Chief Prosecutor Laura Codruta Kovesi said.
The dismissal of the Prosecutor General or of the DNA Chief Prosecutor is done by the Romanian President, at the Justice Minister’s proposal, who can also take note ex officio.
Thus, according to Article 54(1) of law no.303/2004 on the statute of judges and prosecutors, the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice, his First Deputy and Deputy, the Chief Prosecutor of the National Anticorruption Directorate, his Deputies, the Section Chiefs of these prosecutor’s offices, as well as the Chief Prosecutor of the Directorate for the Investigation of Organised Crime and Terrorism, and his Deputies, are appointed in office by the Romanian President, at the proposal of the Justice Minister, with the endorsement of the Supreme Magistracy Council, from among those candidates who have held the office of prosecutor or judge for at least 10 years, for a period of 3 years, with the possibility of a single renewal of the term.
The Romanian President can refuse the appointments in office, making public the reasons for the refusal.
“The dismissal of the prosecutors holding the leadership offices mentioned under paragraph (1) is done by the Romanian President, at the proposal of the Justice Minister, who can note ex officio, at the request of the general assembly or at the request of the Prosecutor General of the Prosecutor’s Office attached to the High Court of Cassation and Justice or of the Prosecutor General of the National Anticorruption Prosecutor’s Office, with the endorsement of the Supreme Magistracy Council, for the reasons mentioned under Article 51(2), appropriately applied,” reads Article 54(4).
Article 51 establishes that the dismissal from the leadership office is ordered for the following reasons: a) in case they no longer meet one of the conditions required to be appointed in the leadership office; b) in case of improper exercise of managerial prerogatives concerning efficient organisation, conduct and communication, the assumption of managerial responsibilities and skills; c) in case one of the disciplinary sanctions is applied.
When verifying the efficient organisation of activity, mainly the following criteria will be taken into account: the adequate use of human and material resources, the assessment of needs, the management of crisis situations, the resources invested – results obtained ratio, the management of information, the organising of professional training and improvement and the distribution of tasks within the prosecutor’s offices.
When verifying conduct and communication, mainly the following criteria will be taken into account: the communication with judges, prosecutors, auxiliary staff, litigants, persons involved in the act of justice, other institutions, the media; ensuring access to information of public interest from the court or prosecutor’s office; the transparency of the act of leadership.
When verifying the assumption of managerial responsibilities, mainly the following factors will be considered: the carrying out of the prerogatives stipulated by the law and regulations; the implementation of national strategies in the judicial domain; the observance of the principle of random distribution of cases or, if need be, of the distribution of cases based on objective criteria.
When verifying the managerial skills, mainly the following factors will be considered: the capacity to organise, the capacity for rapid decision, the ability to withstand stress, self-improvement, the capacity for analysis, synthesis, forecast, strategy and short-, medium- and long-term planning, initiative, and the capacity to adapt rapidly.