The Appointment of the New Chief Prosecutors

Romania’s President Traian Basescu says political parties are wrong to put pressure and make suggestions with respect to the appointments of chief prosecutors.

He made this statement after the National Liberal Party, one of the two parties in the ruling coalition, has opposed the appointment of Laura Codruta Kovesi as head of the National Anticorruption Directorate.

The appointment of the new heads of the General Prosecutor Office and the National Anticorruption Directorate has sparked heated debates on the Romanian political stage.

Social-Democrat Prime Minister Victor Ponta, who is also interim Justice Minister, has recently sent a proposal to the Superior Council of Magistracy backing Laura Codruta Kovesi as head of the National Anticorruption Directorate and Tiberiu Nitu as Prosecutor General.

However, the Liberals, the ruling partners of the Social-Democrats, consider the proposal as unacceptable, arguing that Laura Codruta Kovesi defends the interests of president Traian Basescu.

In response, the president said he wouldn’t allow anyone to interfere with the process of designating the new chief prosecutors.

He believes political parties are wrong to put pressure on the Constitutional Court and to make their own proposals.

Traian Basescu: “No one will interfere with the proceedings of the Superior Council of Magistracy, and I hope no one will interfere with the proceedings of other institutions involved. It is the remit of the Justice Minister to make proposals and appoint chief prosecutors, not the remit of civil society, political parties or even prosecutors”.

In turn, Prime Minister Ponta says the proceedings observe the current legislation and the recommendations of the European Commission.
Victor Ponta: “The European Commission has asked one thing of us, namely to appoint prosecutors who are good professionals. Secondly, we must not appoint people from the ranks of one party or another. All six people nominated so far have previously held high-ranking positions in the Prosecutor’s Office. Thirdly, we were told that the appointment procedure employed by the Court should be transparent”.

The Prime Minister’s proposals have sparked tension within the ruling Social Liberal Union, made up of the National Liberal Party and the Social Democratic Party. The Liberals, who held the Justice portfolio before Victor Ponta took over, have given up this Ministry to the Social Democrats. Liberal Party leader Crin Anotnescu says the Liberals will only take over the reigns of the Justice Ministry provided the Prime Minister withdraws his proposals:

Crin Antonescu: “The wise thing to do would be to withdraw these proposals and designate a Justice Minister or agree to the standard procedures involved, without making any political compromise an giving the judiciary the chance to follow its independent course”.

At any rate, it is hard to believe Victor Ponta would yield any ground with respect to his current proposals. The hearing of the candidates who are due to take the reigns of the General Prosecutor’s Office and the National Anticorruption Directorate will take place in May. The final appointment also requires Traian Basescu’s approval.