Who are the prosecutors who were appointed to head the big prosecutor's offices even though they received negative opinions from the CSM

Two of Romania's former presidents, Traian Băsescu and Klaus Iohannis, appointed prosecutors who received a negative opinion from the Superior Council of the Magistracy to head the major prosecutor's offices. The most recent case is that of the current head of DIICOT, Alina Albu, who in 2023 was appointed to the position despite the opposition of the CSM. The opinion of the Section for prosecutors of the CSM is advisory.

• In case of issuing a negative opinion of the Section for Prosecutors of the CSM, the Minister of Justice organizes a new interview with the candidate who received the opinion. Following this interview, the minister can continue the procedure by sending the proposal for appointment to the leadership position to the President of Romania or withdraw the proposal, triggering a new selection procedure within 60 days at most.

The negative opinions given by the Section for Prosecutors of the Superior Council of Magistracy (CSM) on Wednesday and Thursday in the case of two of the prosecutors proposed by the Minister of Justice to head the General Prosecutor's Office – Cristina Chiriac, respectively Gill-Julien Grigore-Iacobici for the position of deputy head of DIICOT, are not a first for the judiciary in Romania.

The predecessors of President Nicușor Dan did not have a unified approach regarding the appointment of prosecutors to lead the large prosecutor's offices, assuming on several occasions the proposals of the Ministers of Justice, despite the negative opinions from the CSM, the authority that manages the careers of magistrates in Romania and their independence.

In 2009, President Traian Băsescu appointed Laura Codruța Kovesi to the position of Prosecutor General of Romania for her second term, although the CSM gave a negative opinion.

Another general prosecutor of Romania who received a negative opinion from the CSM was Gabriela Scutea. She was appointed to head the General Prosecutor's Office by Klaus Iohannis in 2020, despite the unfavorable decision of the CSM.

Moreover, in 2020, President Iohannis did not take into account the opinion given by the CSM in the case of the proposal for the leadership of DIICOT. He appointed Georgiana Hosu chief prosecutor of DIICOT, although the Prosecutors' Section of the CSM gave her a negative opinion. In 2018, Iohannis had rejected the same Georgiana Hosu, proposed for the first time to head DIICOT, although the CSM had given her a positive opinion.

And the current head of DIICOT, Alina Albu, was appointed to the position in 2023, with a negative opinion from the CSM. Albu ran again this year for a new mandate, but his candidacy did not pass the Minister of Justice.

Unprecedented this year

The unprecedented situation recorded in this year's proposals is represented by the equality of votes in the case of prosecutors Alex Florența, the current general prosecutor of Romania, and Marius Voineag, the head of the DNA, who are running for deputy positions at DIICOT, respectively the General Prosecutor's Office.

The CSM regulation has no provisions for such situations, so the vote will resume during the 30 days, the deadline by which the forum can communicate the opinion, sources from the CSM told HotNews.

“If the situation of equality is maintained within the 30-day period, the Ministry of Justice could assimilate voting parity with the lack of advisory opinion and send the proposals to the president without this opinion”, explained CSM sources.