Considering the thousands of emails sent by Romanians citizens, as well as the petitions appeared in online requesting the representatives of civil society from CSM to take a public position, regarding the revocation procedure of DNA’s Chief Prosecutor, we wish to mention that the public position of Transparency International Romania – which includes also the opinion of executive director – also representative of civil society in CSM – was published since 23 February 2018, it is posted on the TI-Romania site and it can be accessed by everyone (read the press release here)
In conformity with the provisions of art. 54 from Law 303/2004 regarding the status of judges and prosecutors “The revocation of the prosecutors from the leading positions provided for in paragraph 1 shall be made by the President of Romania, at the proposal of the Minister of Justice which can be noticed ex officio, at the request of the general assembly, or by case the Prosecutor General of the Prosecutor's Office attached to the ICCJ or the general prosecutor of DNA, with the CSM approval, for the reasons provided at art.51 paragraph(2) which applies accordingly.”
In conformity with the provisions of art. 12 (7) and art. 21 (8) from Decision No. 326/2005, regarding the approval of organization and functioning rules of CSM, as well as the art. 133 (2) provisions CSM “the representatives of civil society participate only in the plenary's work”. So, the representatives of civil society do not participate and cannot participate at CSM discussions relating to the request of the Minister of Justice to dismiss the General Prosecutor of the DNA.
The competence to resolve the procedure belongs to the elected magistrates of CSM, thus for representatives of civil society in CSM there is a reserve requirement regarding this procedure in concrete terms, so as not to be a pressure factor exercised over the members of the Prosecutors Section within the CSM.