Government to Repeal Judicial Decree Provision Allowing Judges to Lead Prosecutor’s Offices

Romanian Justice Minister Tudorel Toader announced on Monday that the Government will repeal article 54 of the recent judicial decree, which allowed judges to lead main prosecuting bodies and amended the review process for appointing top prosecutors.

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Imaginea articolului Government to Repeal Judicial Decree Provision Allowing Judges to Lead Prosecutor’s Offices

Government to Repeal Judicial Decree Provision Allowing Judges to Lead Prosecutor’s Offices

The minister said that the decision was taken following talks with magistrates on Monday held by Prime Minister Viorica Dancila, and that the law will be reverted to its previous version.

He added that the repeal decree is scheduled to be adopted at next week’s cabinet meeting.

The provision in question was criticized by top prosecuting bodies and courts throughout the country, which accused that it infringed the principle of separating the careers of judges and prosecutors.

More specifically, the provision allowed active judges who previously worked as prosecutors to be appointed to leadership positions in the country’s main prosecutor’s offices.

It also altered the procedure of appointing said prosecutors, as reviewing a nomination made by the justice minister for such an office would have been done by the plenary of the country top judicial watchdog, the Superior Council of the Magistracy (CSM), instead of the institution’s Prosecutors’ Section.

Several courts and agencies have announced the suspension of their activity throughout the past week in protest against the decree.

President Klaus Iohannis and CSM both requested the Government to repeal the decree in its entirety on Monday.

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