The Minister of Justice sends President Dan the proposals for the head of the Prosecutor's Office, including the candidates who have a negative opinion from the CSM

Justice Minister Radu Marinescu sent President Nicușor Dan the list of proposals for leadership positions in the Public Ministry, a list that also includes the three candidates who initially received the negative opinion of the Superior Council of the Magistracy and who were reheard by the CSM during Tuesday.

The list sent to the Cotroceni Palace includes Cristina Chiriac, proposed for the position of general prosecutor, Marinela Mincă for deputy chief prosecutor of DNA and Gill-Julien Grigore-Iacobici for deputy chief prosecutor of DIICOT.

The Ministry of Justice recalls that the three were re-heard on Tuesday after receiving negative opinions from the CSM as a result of the hearings that took place in the middle of last month. The interviews took place before the same committee.

“During the interviews, the aspects noted in the opinions of the Section for Prosecutors of the Superior Council of the Magistracy were also taken into account. After each series of interviews, consultations took place between the Minister of Justice, Mr. Radu Marinescu, and the other members of the Interview Commission”, says a press release from the Ministry of Justice.

For each of the rejected candidates, the Ministry presents an ample justification for the continuation of the appointment procedure for the concerned positions.

Justifications for each of the candidates

The Prosecutors' Section of the CSM gave a negative opinion for the appointment of Cristina Chiriac as general prosecutor, citing the fact that she did not provide sufficient explanations in relation to the accusations that she kept in the drawer evidence that proved the sexual abuse of the former bishop of Huși, Cornel Onilă, in 2017 when she processed the file in which he was blackmailed and that she did not dismiss the case of the prosecutor's office competent to implement sexual crimes.

Instead, the Minister of Justice was convinced by the proposed management plan and the experience gained by Chiriac in the prosecution structures where he has been active so far.

“The prosecutor clarified that the assumption of a position must be carried out within the limits of the legal framework and in compliance with the constitutional role of the Public Ministry, avoiding the expression of speculative opinions or that could be perceived as interferences in the sphere of competence of other authorities. This approach does not denote hesitation, but a mature understanding of the responsibility of the position and the public impact of the statements made,” the ministry's statement says.

A similar motivation is invoked by the MoJ in the case of Marinela Mincă, proposed for the position of deputy chief prosecutor of the National Anticorruption Directorate. After the initial interview, the prosecutors from the CSM assessed that her position related to the impact of the decisions of the Constitutional Court on the activity of DNA as evasive and unassumed, but Minister Marinescu does not support this opinion.

“Such conduct may reflect a prudent and responsible attitude, in accordance with the requirements of the prosecutor's office, which require restraint and balance in expressing opinions on sensitive topics, with potential impact on concrete cases.

The decisions of the Constitutional Court in the matter of the prescription of criminal liability have generated complex debates in practice and doctrine, and the expression of a strong opinion in a framework such as that of the interview could have been perceived as inappropriate or premature, in the absence of an in-depth and institutionally assumed analysis”, reasons the Ministry of Justice.

Finally, Marinescu also justified maintaining the proposal of Gill-Julien Grigore-Iacobici for the position of deputy chief prosecutor of DIICOT.

“Although the Prosecutor's Office has assessed that there are “substantial vulnerabilities” in the project, the observations are largely subjective and do not reflect how the plan has been adapted for concrete applicability, a fact demonstrated by the detailed explanations provided during the interview. The prosecutor clarified the structure of the plan, explained how the SWOT analysis correlates with the operational objectives, presented concrete examples of the application of management functions and detailed how the SMART and PCM tools will be used to monitor the activity at all levels”, is one of the arguments invoked by the minister.

Final list of proposals

Consequently, Radu Marinescu sent the head of state the list of all the initial proposals, without any changes:

• Cristina CHIRIAC – the position of general prosecutor of the Prosecutor's Office attached to the High Court of Cassation and Justice;
• Marius VOINEAG – the position of deputy prosecutor of the general prosecutor of the Prosecutor's Office attached to the High Court of Cassation and Justice;
• Ioan-Viorel CERBU – the position of chief prosecutor of the National Anticorruption Directorate;
• Marinela MINCĂ – the position of Deputy Chief Prosecutor of the National Anticorruption Directorate;
• Marius-Ionel ȘTEFAN – the position of Deputy Chief Prosecutor of the National Anti-Corruption Directorate;
• Codrin-Horațiu MIRON – the position of chief prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism;
• Alex-Florin FLORENTA – the position of deputy chief prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism;
• Gill-Julien GRIGORE-IACOBICI – the position of deputy chief prosecutor of the Directorate for the Investigation of Organized Crime and Terrorism.