Gov’t amends justice legislation. JusMin Toader: Management vacancies at prosecution offices cannot be filled by reassignment

The government on Tuesday passed an emergency ordinance amending the justice legislation that refers, among other things, to reassignments to high-level positions in the Public Prosecution Service, according to Justice Minister Tudorel Toader.

The government passed an emergency ordinance regarding temporary measures related to the admission contest to the National Institute of Magistracy, initial training of judges and prosecutors, the graduation exam of the National Institute of Magistracy, the internship and proficiency examination of intern judges and prosecutors, amending and supplementing Law 303/2004 on the Statutes of Judges and Prosecutors, Law 304/2004 on Judicial Organisation and Law 317/2004 on the Supreme Council of Magistracy.

He pointed out that an important change concerns the reassignment to senior positions at the Public Prosecution Service.

“There is a fairly important change in the senior positions at the Public Prosecution Service – general prosecutor, deputy, chief prosecutor of the National Anti-Corruption Directorate (DNA), the Directorate for the Investigating Organised Crime and Terrorism (DIICOT), office managers. (…) The law provides for these offices to be held for a three-year term that can be renewed; but renewal does not mean either the extension or a new term. A second term can only be possible when the legal requirements are met. It is a novelty that these prosecutorial offices, senior positions, where the procedure is initiated by the minister of justice (…) they cannot be reassigned. Their vacancies can only be filled by following the procedure the law provides for it. As we speak many high-level prosecutorial office vacancies are filled by reassignment, which is not normal, because the law says, it has to follow the procedure that I mentioned,” Toader explained.

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