Prosecutor Anca Jurma has quit as the head of the National Anticorruption Directorate (DNA), on the day when the Department for Prosecutors of the Superior Council of Magistracy (CSM) was supposed to discuss on the proposal related to the extension of her mandate as the DNA head. A decision in this regard was postponed by the members of the Department on December 20.
The CSM Department for Prosecutors was convened, and the agenda includes several notes of the Human Resources and Organization Department, related to people dismissed or retained in their office, as well as to delegations or extensions of ongoing delegations.
Among them, there was also the Note of the Human Resources and Organization Department related to the proposal regarding the delegation of Prosecutor Anca Jurma as the Chief-Prosecutor of the National Anticorruption Directorate.
Jurma was appointed as the interim DNA Chief-Prosecutor on July 12.
The postponement decision came after G4Media.ro published a recording in which the interim DNA head Anca Jurma is talking with Prosecutor Florentina Mirica on the general ambiance within DNA, and the dialogue reveals that there is a general state of disengagement. Prosecutor Mirica claimed at one point that “creating new cases wasn’t in question anymore. The question was to lower the stock, not to make investigations”, while the interim DNA head answered exasperated that she asked prosecutors “to create cases, for God sake!. Then Anca Jurma complained about the prosecutors’ lack of courage: “Well! There is an army of men in this institution! They’re like mice! Like mice! Whenever you see them: oh, no!”. Later, Jurma explained she and her subordinate were trying to find “ways to revitalize the DNA activity”.
JusMin Toader announces Anca Jurma renounces DNA leadership
Justice Minister Tudorel Toader announced on Monday that Anca Jurma renounces the nomination for the position of acting chief prosecutor of the National Anticorruption Directorate (DNA), with an address in this respect being sent during the meeting of the Prosecutors’ Section of the Superior Council of Magistrates (CSM), which had on its agenda the proposal to extend her delegation as acting DNA head.
“During the meeting, a statement was received from Mrs Jurma in which she renounces her consent previously given. In this case, the Section had only to take note of the withdrawal of her consent, of the agreement, and you will see what the Section will decide at a next meeting,” Toader said at the CSM seat.
According to him, “there is not another solution,” and the CSM Prosecutors’ Section is due to meet next Thursday, “when it will probably be decided.”
Tudorel Toader says Anca Jurma’s demarche is a strictly personal matter.
The justice minister has stated that the procedure has not ended and that “no one has a discretionary right to decide beyond the requirements of the Constitution.”
Toader asked if Iohannis is obligated to appoint Adina Florea at DNA helm without opposition: I’m glad you understand, albeit later
Tudorel Toader also stated on Monday that the procedure to appoint a new Chief Prosecutor at the helm of the National Anticorruption Directorate (DNA) is not over. Asked whether President Klaus Iohannis is obligated to appoint Adina Florea without opposition, Toader said: “I’m glad you understand, albeit later.”
“The procedure is not over,” Tudorel Toader stated, referring to the appointment of a new Chief Prosecutor at the helm of the National Anticorruption Directorate.
Asked if he will trigger a new selection procedure if the President once again refuses to appoint Adina Florea at the helm of the DNA, the Justice Minister avoided giving a clear answer.
“I reiterate the answer. Your questions are masterly, but I believe my answers are understandable. The procedure is not over. Nobody has a right of discretionary decision beyond the exigencies of the Constitution,” Toader said.
In this context, asked whether President Klaus Iohannis is obligated to appoint Adina Florea in office without opposing the appointment, Toader said: “I’m glad you understand, albeit later.”
Justice Minister Tudorel Toader announced on December 27 that he sent President Klaus Iohannis the request to dismiss from office the Prosecutor General and the requests regarding the appointment in leadership offices of five other prosecutors, Adina Florea among them.
Back then, Tudorel Toader wrote on Facebook that he sent the Romanian President the request to dismiss the Prosecutor General.
“I have sent the Romanian President the following requests to appoint in leadership offices: 1. Elena Giorgiana Hosu – Deputy Chief Prosecutor of DIICOT [Directorate for Investigating Organised Crime and Terrorism]; 2. Antonia-Eleonora Constantin – Chief Prosecutor of the Judiciary Section of the PICCJ [Prosecutor’s Office attached to the High Court of Cassation and Justice]; 3. Iuliana Nedelcu – Deputy Chief Prosecutor of the Judiciary Section of the PICCJ; 4. Florena-Esther Sterschi – Chief Prosecutor of the Human Resources and Research Section of the PICCJ; 5. Adina Florea – Chief Prosecutor of the DNA! We also express our hope that the President will re-read both Article 132 of the Constitution and CCR [Constitutional Court of Romania] Decision no.358/2018,” the Justice Minister wrote.
Article 132 of the Constitution refers to the statute of prosecutors and stipulates that: “(1) Public prosecutors shall carry out their activity in accordance with the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice. (2) The office of public prosecutor is incompatible with any other public or private office, except for teaching offices in tertiary education.”
On November 21, President Klaus Iohannis refused to appoint Adina Florea at the helm of the DNA. Likewise, the Head of State rejected four other appointments at the helm of the PICCJ and DIICOT. In all five cases, the President deemed that the legal conditions were not met.