The prosecutors with negative opinions from the CSM for the management of the prosecutor's offices, reheard today at the Ministry of Justice. What did the CSM criticize them for and what is next

Cristina Chiriac, the proposal for Prosecutor General of Romania, Marinela Mincă, proposed deputy head of the DNA, and Gill-Julien Grigore-Iacobici, proposed deputy head of DIICOT, hold a new interview before the commission of the Ministry of Justice. The procedure is mandatory because they received a negative opinion from the CSM. After the rehearing, the Minister of Justice will decide if he will give up these candidacies or go ahead with the proposals to President Nicușor Dan, who will have the last word.

• Only three of the eight candidates proposed by PSD Minister Radu Marinescu for the leadership of the major prosecutor's offices received a favorable opinion from the CSM: Viorel Cerbu (for the position of chief prosecutor of DNA), Codrin Miron (chief prosecutor of DIICOT) and Marius-Ionel Ștefan (deputy chief prosecutor of DNA).
• In the case of the former head of the DNA Marius Voineag and the former general prosecutor Alex Florenta, proposed for the positions of deputy at the General Prosecutor's Office, respectively DIICOT, the prosecutors from the SCM could not agree on an opinion, being a tie vote. However, they will not be heard again at the Ministry of Justice. “If the situation of equality is maintained within the 30-day period, the Ministry of Justice can assimilate voting parity with the lack of advisory opinion and can send the proposals to the president without this opinion”, explained representatives of the CSM.

The first to be re-heard, on Tuesday, before the commission from the Ministry of Justice is Cristina Chiriac, the head of DNA Iași and the candidate for the most important position of the Public Ministry. The interview will start at 9.00 am and is expected to last two hours, just like the first hearing. She will be followed by Marinela Mincă, starting at 11.00, and then by Gil Julien Grigore Iacobici.

According to the procedure, the questions in the case of the rehearing will focus on the shortcomings invoked by the Prosecutors' Section of the CSM in the decisions by which they gave the negative opinion.

In the case of all three candidates, the five prosecutors from the CSM reasoned that they did not have the necessary qualities to occupy the positions for which they were proposed by Minister Radu Marinescu. The performances of the three prosecutors were categorized by the Prosecutors' Section of the CSM as “hesitant”, “lacking consistency”, and the presented management plans were considered purely formal.

Cristina Chiriac and the case of the former bishop of the Husi Corneliu Onilă

The prosecutors from the SCM criticized Cristina Chiriac for not assuming some opinions on sensitive justice issues, emphasizing in the motivation of the negative opinion that the prosecutor “did not show a clear and concrete knowledge of the realities that the structures of the Public Ministry are currently facing”.

The head of DNA Iași was reproached by the CSM for not clarifying the Corneliu Onilă episode, despite the accusations that he kept the evidence that proved the sexual abuse of the former bishop of Huși, the investigation was later reopened, and the former hierarch was convicted following the revelations of journalists from “Let there be light”.

“In the Section's opinion, from the perspective of the integrity standard, it would have been appropriate for the prosecutor to provide a minimum of detail on the relevant aspects of this case, especially given that the case has been settled definitively”, say the CSM prosecutors in the decision by which they gave a negative opinion to Cristina Chiriac.

The head of the Judiciary in the DNA told the CSM that her opinion on prescriptions “doesn't matter”

Marinela Mincă was considered by the CSM prosecutors and the head of the judicial section of the DNA, proposed for the position of deputy head of the DNA, to be hesitant and lacking knowledge of DNA's criminal prosecution activity.

Mincă was criticized because she avoided expressing her opinion related to the effects of the decisions of the Constitutional Court regarding the unconstitutionality of some provisions of the Criminal Code regarding the prescription of criminal liability. The section wanted to present its opinion on this topic, referring to its 30 years of experience in the field.

“The candidate's hesitation in offering a concrete and decisive answer was obvious, even mentioning that “her opinion does not matter”, preferring to remain within the scope of a scholastic presentation of the institution of the prescription of criminal liability. However, the lack of assuming a clear opinion on a subject of great public interest raises questions regarding its decision-making, communication and control capacity. The section observes that the guiding questions on the same subject, regarding the decisions of the Court of Justice of the European Union, did not have the potential to stimulate the provision of a clear answer on the issue of the recent jurisprudence of the Constitutional Court, the candidate stating that “the decisions of the CJEU are for nothing”, in the context of a more favorable internal legal protection”, state the CSM prosecutors in the decision by which they gave a negative opinion to Marinela Mincă.

Prosecutor Grigore Iacobici's vulnerabilities

All five prosecutors from the CSM have approved negatively the proposal of the prosecutor Gill Julien Grigore-Iacobici from the Prosecutor's Office of the Constanța Court of Appeal for the position of deputy head of DIICOT.

The candidacy, analyzed from the perspective of the interview held before the Section for Prosecutors of the CSM, was harshly criticized. Prosecutor Grigore Iacobici demonstrates a lack of managerial coherence and even ownership of legal terms, say the CSM prosecutors in the motivation of the negative opinion.

He was also criticized for the formal answers given to the questions related to the controversies in which his name was involved: the instrumentality of a file in which an opponent of his mother-in-law was involved, respectively the receipt of large sums of money annually, in the form of donations, from the family of the mother-in-law, the longest-serving PSD mayor in Constanța county.

“The answers provided remained at a defensive and incomplete level, without demonstrating the awareness of the dimension of public perception and the consequences on the credibility of the institution”, noted the CSM prosecutors in the decision.

What happens after the rehearing of the prosecutors with a negative opinion

Tuesday's performance by prosecutors Cristina Chiriac, Marinela Mică and Gil Julien Grigore Iacobici will not pass through the CSM's filter once again for a new opinion. After the rehearing, the Minister of Justice will decide whether to abandon the proposals or forward them to President Nicușor Dan.

In case of withdrawing the proposal of a candidacy, a new selection procedure is triggered 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.