Romanian Constitutional Court Overrides Senate On Prosecutor Appointment Issue

The court examined in the Wednesday meeting, the notice on the unconstitutionality of the Law amending article 54 of Law 303/2004 on the statute of judges and prosecutors. The notice had been filed by 59 members of Parliament, within the control prior to the promulgation of the law, in accordance with the provisions of the Constitution, said a press release issued by the Court.

 

The amendments mainly target the procedure for the appointment of the chief prosecutor within the General Prosecutors' Office, the deputy chief prosecutor and the assistant deputy chief prosecutor, the chief prosecutor of the National Anticorruption Department, their deputies, the section chief prosecutors within these offices, as well as the organized crime and terrorism chief prosecutor, and the procedure for dismissal from the mentioned positions.

 

"The Constitutional Court, with a majority of votes, found the law to be unconstitutional, as the variant enacted by the Senate (as chamber with the final decision) was issued with the violation of constitutional norms regarding the lawmaking procedure, namely the constitutional principle of Romanian Parliament bicameralism, consecrated in article 61 section (2) of the Fundamental Law, was breached," the Constitutional Court decision reads.

 

The decision is final and binding, and is forwarded to the President of Romania, the presidents of the two chambers of Parliament and to the Prime Minister.

 

The Romanian Senate approved on September 16 an amendment to Law 303/2004, which stipulates chief prosecutors of national departments fighting corruption and organized crime, along with their deputies are to be appointed by the High Council of Magistrates, not the head of state.

 

The amendment was adopted with 78 votes in favor and 46 against.

 

Under the amendment legislation, chief prosecutors are to be appointed by the High Council of Magistrates in plenary meeting, at the proposal of the justice minister and with the approval of the Council’s prosecution department.

 

Chief prosecutors of the Anticorruption Department (DNA), General Prosecutors’ Office and Department for Organized Crime and Terrorism (DIICOT) will be appointed for periods of three years and may be reinvested one time alone.