The fourth attempt at CSM. Will Alex Florentsa and Marius Voineag receive the approval for the positions of deputies?
The section for prosecutors of the Superior Council of Magistracy (CSM) resumes, on Tuesday, the vote in the case of Alex Florenta, who is running for the position of deputy head of DIICOT, and Marius Voineag, who is running for the position of deputy prosecutor general, informs Agerpres.
Alex Florenta, the current general prosecutor, and Marius Voineag, currently the head of the DNA, did not want to run for a second term, but opted for second-rank positions, being nominated by the Minister of Justice, Radu Marinescu.
After the interviews at the CSM, the members of the Section, plus the Minister of Justice, failed, three times, to constitute a majority that would allow a decision to be made in the case of the two (favorable opinion or negative opinion), both receiving three votes “for” and three “against”.
Consequently, the members of the Prosecutors' Section of the CSM will try to reach a consensus on the appointment of Alex Florentsa and Marius Voineag from Tuesday.
The positions of general prosecutor of the Prosecutor's Office attached to the High Court and that of chief prosecutor of DNA remain vacant starting from March 31, and that of chief prosecutor of DIICOT from April 14.
Marius Voineag will work at a lower prosecutor's office – the Prosecutor's Office attached to the Bucharest Court – after the expiration of his mandate as head of the DNA.
The notices received by the candidates for the leadership of the large prosecutor's offices
So far, the balance sheet from the CSM regarding the eight proposals of the Minister of Justice to the head of the grand prosecutor's offices is as follows:
- three positive opinions: Codrin Horațiu Miron (nominated for the position of head of DIICOT), Viorel Cerbu (head of DNA) and Marius-Ionel Ștefan (deputy chief prosecutor of DNA);
- three negative opinions: Cristina Chiriac – proposed for the position of general prosecutor, Gill-Julien Grigore-Iacobici – for deputy chief prosecutor of DIICOT and Marinela Mincă – proposed deputy chief prosecutor at DNA;
- runoff (three votes “for” and three “against”): Alex Florenta, candidate for the position of deputy chief prosecutor of DIICOT, and Marius Voineag – for deputy general prosecutor.
What happens in the case of a negative opinion?
According to the law, the Section for Prosecutors of the CSM issues a reasoned advisory opinion, after which the proposals made by the Minister of Justice, Radu Marinescu, are submitted to the President Nicușor Dan.
In the case of issuing a negative opinion of the Section for Prosecutors of the CSM, the Minister of Justice organizes a new exclusive interview with the candidate who received a negative opinion and following this interview, the Minister of Justice can continue the procedure by submitting to the President of Romania the proposal for appointment to the management position, accompanied by all relevant documents, or withdraw the proposal, triggering a new selection procedure within a maximum of 60 days.
The President of Romania can refuse, with reasons, the appointment to management positions, making the reasons for the refusal known to the public.
The president's decree of appointment or his reasoned refusal is issued within 60 days at most from the date of submission of the proposal by the Minister of Justice.
