EC: Romania Shouldn’t Change Appointment Procedure Of Chief Prosecutors

European Commission spokesman Mark Gray said Wednesday the Commission’s stance on Romania’s procedures for the appointment and removal of chief prosecutors has been constant and was repeated in the July 23 country report.

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The Commission is aware of the decision taken by the Romanian Senate Tuesday to call for an amendment to the procedure for the appointment and removal of chief prosecutors, Gray said.

"We understand that this is a position of the Parliament which must still be endorsed by the president. As stated on the occasion of the vote of the Senate legal committee on this matter, EC’s position on the procedure for appointing or removing chief prosecutors has been constant and was again repeated on our July 23 report,” Gray told MEDIAFAX.

"This is one of the benchmarks set out at the time of accession that clearly states that the procedure should not be changed,” Gray added.

The Romanian Senate on Tuesday approved an amendment to Law 303/2004, which stipulates chief prosecutors of national departments fighting corruption and organized crime, along with their deputies are to be appointed by the High Council of Magistrates, not the head of state.

The amendment was adopted with 78 votes in favor and 46 against.

Under the amendment legislation, chief prosecutors are to be appointed by the High Council of Magistrates in plenary meeting, at the proposal of the justice minister and with the approval of the Council’s prosecution department.

Chief prosecutors of the Anticorruption Department (DNA), General Prosecutors’ Office and Department for Organized Crime and Terrorism (DIICOT) will be appointed for periods of three years and may be reinvested one time alone.

The Senate is the decisional chamber in the matter.

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