Proposals of Minister of Justice, sent to the President

Justice Minister sent the proposals to President Traian Basescu for appointment as Attorney General's Office attached to the High Court of Cassation and Justice of Tiberius Niţu respectively of Ion Irimie for chief prosecutor of the National Anticorruption Directorate.

The Minister stated on the site that he retained the original proposals, although the two have received a negative opinion from the SCM.

According to the provisions of article 54 par. 1 of Law 303/2004, the General Prosecutor of the High Court of Cassation and Justice and Chief Prosecutor of the National Anticorruption Directorate are appointed by the President on the proposal of the Minister of Justice, with the approval of the Superior Council of Magistracy, the prosecutors have a minimum of 10 years experience as a judge or prosecutor, for a period of three years with the possibility to be reinvested only once.

The department for prosecutors of SCM overturned, at the end of November, the appointment of Ion Irimie and Tiberiu Niţu as the head of DNA, i.e. prosecutor general, both recorded five votes "against" and one positive, this belonging to Justice Minister Mona Pivniceru.

In respect of Tiberiu Niţu, SCM "notes the lack of non-involvement and performance in exercise of management of the Department and the criminal prosecution of the Prosecutor's Office attached to the High Court of Cassation and Justice."

SCM also claims that Tiberiu Niţu "did not demonstrate knowledge of the specific activity of the prosecutors in the Prosecutor's Office attached to the High Court of Cassation and Justice."

As regard Ion Irimie, SCM argues that "he doesn’t know the EU institutions, making confusion between institutions both in terms of organization and in terms of functions and relations with other European or national organizations or institutions".

SCM also finds that Ion Irimie "shows a lack of vision for the organization and efficient management of the National Anticorruption."

SCM opinion is advisory, the final decision belonging to the president.

Translated by Alexandra-Diana
MTTLLC, Bucharest University