CSM motivates its negative opinion: She doesn’t know what’s the difference between the prosecutor’s independence and subordination, and she has low resistance to stress
The Prosecutors Section of the Superior Council of Magistracy (CSM) has motivated the negative opinion issued the case of Adina Florea as the proposition for head of the National Anticorruption Directorate (DNA), mentioning that she doesn’t know what’s the difference between the principle of the prosecutor’s independence and the one of the hierarchical subordination and that she has low resistance to stress, as well as low analysis and synthesis capacity.
“The Prosecutors Section finds that she hasn’t proved an appropriate awareness of the difference and interdependence between the principle of the prosecutor’s independence and the one of the hierarchical subordination, which is a highly important issue, especially when exerting a leading position within the Public Ministry”, reads the motivation of the negative opinion issued by the Prosecutors Section of CSM in Adina Florea’s case.
Referring to Adina Flora’s statement at the interview according to which “I never was an independent prosecutor, I am working within the Public Ministry”, the CSM prosecutors say that there is an obvious confusion related to the independence notion, “which is unconceivable in such a context”.
“Mrs. Prosecutor’s confusion is even more serious since it shows a submissive ideational attitude, which is not congruent to the skills required to the person to hold the highest position in the National Anticorruption Directorate. The Prosecutors Section appreciates that at the level of the whole system, and even more at the level of the National Anticorruption Directorate, it is necessary to ensure that the leading positions are held by people representing a guarantee of the independence and impartiality in making the acts of justice. In this context, sending a public message that shows the existence of some external factors with possible decisional influences may cause a negative impact on the trust in judiciary. Although apparently Mrs. Prosecutor wanted to refer to the hierarchical subordination, the Prosecutors Section appreciates that the uninspired expression cannot be interpreted as a simple error”, shows the CSM’s Prosecutors Section.
As for the managerial skills required for the position for which Adina Florea is running, the CSM prosecutors noticed that on the occasion of the interview, she has a low resistance to stress, as well as a low analysis and synthesis capacity and certain gaps in relating to certain values, such as honesty and impartiality.
“Thus, Mrs. Prosecutor hasn’t provided an answer supported by a concise, coherent and right argumentation, in term so the juridical logic, on the Protocol concluded between the Public Ministry and the Romanian Intelligence Service in December 2016, stating, on the one hand, that this protocol is adding to the law, by creating mixed teams exceeding the legal framework, containing a working methodology based on which it was created the actual and concrete possibility for the prosecutors to delegate activities to some representatives of other structures than the judicial police, and on the other hand asserting that she didn’t know about the content of this protocol until it was publicly revealed, as well as any prosecutor that delegated such attributions”, according to the quoted source.
CSM prosecutors were dissatisfied with the lack of interest shown by Adina Florea when she stated that it was enough for her to acknowledge the cover letter of the protocol, without wishing to know its content, and this proves, as the Section believes, “superficiality in exerting the specific attributions”.
“Also, Prosecutor Florea Adina wasn’t able to provide us with a punctual answer on the impact on the activity of the National Anticorruption Directorate of the establishment of the Section for Investigating the Crimes in Judiciary and of a possible decriminalization of certain crimes with qualified subject, which are currently instrumented by the National Anticorruption Directorate, proving that she doesn’t have the ability to develop new solutions”, the Council’s prosecutors also claim, accusing Adina Florea of not being familiar with the manner in which the DNA activity is carried out.
“Also, practicing the prioritization of the criminal investigations exclusively based on the public warnings, without being able to identify elements that are factually materialized, which can justify this vulnerability she has, puts the ability of the candidate to identify the threats of the institutional activity under question, this being a key prerequisite for assuming appropriate objectives”, according to the quoted source.
JusMin Toader: Justice Ministry has received CSM’s opinion related to appointing Adina Florea as the DNA Chief-Prosecutor; we will analyze it on Monday, then we’ll make a decision
Justice Minister Tudorel Toader announced on Friday morning that Justice Ministry has received CSM’s opinion on appointing Adina Florea as the DNA Chief-Prosecutor and that it will be analyzed on Monday, then a decision will be made. The Prosecutors Section of the Superior Council of Magistracy has issued a negative opinion on the proposal to appoint Adina Florea as the Chief-Prosecutor of the National Anticorruption Directorate.
“MJ (Justice Ministry – e.n.) has received the opinion issued by the Prosecutors Section of CSM on appointing Mrs. Adina Florea as the DNA Chief-Prosecutor. The opinion will be analyzed on Monday, then we will make a decision on the ongoing procedure!” Tudorel Toader wrote on Facebook on Friday morning.
On Monday, the Prosecutors Section of the Superior Council of Magistracy issued a negative opinion on appointing Adina Florea as the Chief-Prosecutor of the National Anticorruption Directorate. CSM’s opinion has a consultative role.
On Monday, Adina Florea was heard more than three hours by the CSM’s Prosecutors Section.
Justice Minister Tudorel Toader has repeatedly announced that he will submit to the President the proposal to appoint Adina Florea to DNA, regardless of the CSM’s opinion.
On Tuesday, Tudorel Toader said he s waiting to see what are the considerations for which the Superior Council of Magistracy issued the negative opinion after hearing Adina Florea, and after reading the reasons of this opinion, he will announce if he will present his proposal to President Klaus Iohannis.
“I am waiting to see the considerations of the opinion, because the opinion is consultative, and the considerations are bringing the arguments of the decision-maker. We’ll see the considerations and we’ll see what to do next”, the Justice Minister said.
In the meeting of the Prosecutors Section of the Superior Council of Magistracy, Prosecutor Adina Florea criticized the DNA activity, speaking of the large number of unsolved cases and of the fact that the Directorate was mainly focused on solving cases related to abuse of office, instead of dealing with high-level corruption cases. The CSM Vice President Codrut Olaru drew Adina Florea’s attention that through her management project, she tried rather to counterargument the measures taken by Laura Codruta Kovesi as the DNA Chief-prosecutor, and it seems unfair to him that she didn’t present anything positive about the Directorate.
Adina Florea was proposed on September 6 by the Justice Minister for the position of the Chief-Prosecutor of the National Anticorruption Directorate (DNA), which remained vacant since July 9, after President Klaus Iohannis has signed the dismissal decree regarding Laura Codruta Kovesi.
Adina Florea is a prosecutor of the Prosecutor’s Office attached to Constanta Court. For several years, Adina Florea was the head of the Prosecutor’s Office attached to Constanta Court, and later she was the Deputy General Prosecutor of that institution.