The representatives of the civil society in CSM cannot participate in the dialogs of CSM regarding the request of the minister of justice of dismissing the chief prosecutor of DNA (National Anticorruption Directory)

Considering the thousands of e-mails sent by Romanian citizens, as well as the online petitions in which the representatives of the civil society of the Superior Council of Magistracy are requested to take attitude regarding the procedure of dismissing the general prosecutor of the Superior Council of Magistracy. We also need to mention that the public position of Transparency International Romania, which also includes the position of its executive manager, who is also the representative of the civil society in the Superior Council of Magistracy (so it cannot be duplicated) has been published since 23rd of February 2018 and is posted on the TI-Romania website and is available for everyone.

According to the provisions of article no. 54 (1) and (4) from Law no. 303/2004 regarding the status of judges and prosecutors, “The dismissal of the prosecutors with the provided managing positions from alin.(1) is made by the President of Romania, at the suggestion of the minister of justice who can, at the request of the general meeting, or, if it is necessary, at the request of the general prosecutor of the Public Ministry or of the general prosecutor of the National Anticorruption Directory, with notice from the Superior Council of Magistracy, for reasons provided in art 51, alin(2), which are applied accordingly.”

According to the provisions of article no. 12(7) and article no 21 (8) from Law no. 326/2005, regarding the Regulation of structure and motion of the Superior Council of Magistracy, as well as the provisions of article no. 133 (2), “the representatives of the civil society only attend the workings of the Plenary. As a result, the representatives of the civil society do not attend and cannot attend the discussions from the Superior Council of Magistracy regarding the request of the ministry of justice of dismissing the general prosecutor of the National Anticorruption Directory.

The authority for settling this procedure belongs to the chosen magistrates of the Superior Council of Magistracy. As a result, the representatives of the civic society in the Superior Council of Magistracy must be unapproachable regarding this procedure, in order to avoid putting pressure on the prosecutors of the Superior Council of Magistracy.