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October 23, 2020

JusMin sent to the President the proposal to appoint Adina Florea as the head of DNA, despite the CSM negative opinion

On Monday, Justice Minister Tudorel Toader announced on Facebook that he sent to President Klaus Iohannis the proposal to appoint Adina Florea as the Chief-Prosecutor of the National Anticorruption Directorate (DNA). She received a negative opinion from the Prosecutors Section of the Superior Council of Magistracy (CSM).

“Today, I sent to the Romanian President the following appointing proposals in leading positions:

Adina Florea – DNA Chief-Prosecutor;

Elena Georgiana Hosu – Deputy Chief-Prosecutor of DIICOT;

Florena-Esther Sterschi – Chief-Prosecutor of the Human Resources and Documentation Department of PICCJ!”, Tudorel Toader wrote on Facebook.

On Friday, the Prosecutors Section of CSM has motivated the negative opinion related to Adina Florea as the proposal for the DNA Chief-Prosecutor. Referring to Adina Florea’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”. 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.

Adina Florea was proposed by Tudorel Toader as the DNA head on September 6. One day later, General Prosecutor Augustin Lazar announced that checks are being made at the Prosecutor’s Office attached to the Constanta Court of Appeal, from where Adina Florea is coming, since there are suspicions that the secret protocol of 2016 was publicly revealed from there. Adina Florea’s hearing before CSM was scheduled for September 27, but it was postponed in order for the disciplinary investigation requested by the General Prosecutor to be finished. The hearing was resumed for October 8, and the negative opinion came later.

President Klaus Iohannis has the right to reject the proposal only once, being obliged to motivate his decision, according to the legal provisions currently in force.

Article 54, par.1 of the Law 303/2004 as amended, on the statute of the prosecutors and judges, which was published on Monday, October 15, in the Official Journal, provides that “the General Prosecutor of the Prosecutor’s Office attached to the High Court of Cassation and Justice, his First-Deputy and the deputy of the latter, the General Prosecutor of the National Anticorruption Directorate, his deputies, the chief-prosecutors of the departments of these prosecutor’s offices, the Chief-Prosecutor of the Directorate for Investigating Organized Crime and Terrorism and their deputies, are appointed by the Romanian President at the proposal of the Justice Minister, with the opinion of the Prosecutors Section of the Superior Council of Magistracy, of the prosecutors having a seniority of at least 10 years as a judge or prosecutor, for a 3-year term, with the possibility to reinvest them only once”.

Paragraph 3 provides that “the Romanian President can refuse only once, providing the reasons, the appointments in the leading positions provided by paragraph 1, informing the public on the reasons of the refusal”.

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