​The amendment, according to which not only a prosecutor, but also a judge can be appointed to the position of head of the General Prosecutor’s Office, was adopted by the special commission on laws on justice.

Prosecutor General of the Office of the Prosecutor next to the ICCJ, Gabriela ScuteaPhoto: AGERPRES

According to USR MP Oana Murariu, the debated “last minute” amendment, tabled by Ibram Yussain from the Minorities, was passed by PSD and PNL votes. Murariu told HotNews.ro that the USR voted against and several liberals abstained, as did those from the UDMR.

“We asked the President of the Commission to ask the People’s Deputies to raise their hands to see who exactly voted for this amendment. He simply refused and moved on. So far, I have worked optimally in the committee, but what happened today is defiant,” she said.

The UDR deputy clarified that thousands of amendments were introduced and discussed, but this one was left for the last moment. “We are interested in what it is about, given that the powers of high-ranking prosecutors are about to expire. Have they already prepared someone?” she said, drawing attention to the fact that according to the new provisions in the bill on the judiciary, the prosecutor general can refuse any action or decision of the prosecutor in the case.

Now, the president can appoint the prosecutor general, as well as the heads of other prosecutor’s offices, the State Prosecutor’s Office and DIIKOT, from among prosecutors who have at least 15 years of experience as a judge or prosecutor. The same formula was used in the project proposed by the Ministry of Justice.

The amendment proposed and adopted by the commission establishes other appointment rules only for the Prosecutor General, who can be appointed from among prosecutors or judges with at least 15 years of experience.

What is the proposal of the Ministry of Justice:

Article 145 – (1) Prosecutor General of the Prosecutor’s Office at the High Court of Cassation and Justicethe first deputy and his deputy, the chief prosecutor of the National Anti-Corruption Directorate and the Directorate for the Investigation of Organized Crime and Terrorism, their deputies, the chief prosecutors of the Prosecutor’s Office at the High Court of Cassation and Justice of the National Directorate for the Investigation of Corruption, Organized Crime and Terrorism are appointed by the President of Romania on the proposal of the Minister of Justice, with the approval of the Section for Prosecutors of the Higher Council of Magistracy, from among prosecutors who have at least 15 years of experience as a prosecutor or judgefor a period of 3 years, with the possibility of reinvestment only once, in the same way.

What is the accepted amendment:

Prosecutor General of the Prosecutor’s Office at the High Court of Cassation and Justice appointed by the President of Romania on the proposal of the Minister of Justice, in agreement with the prosecutors’ department of the High Council of Magistracy, among magistrates who have at least 15 years of experience as a prosecutor or judge, for a period of 3 years, with the possibility of reinvestment only once, in the same way.

HotNews.ro tried to contact Gabriel Andronache (PNL) and Robert Kazanchuk (PSD) to explain the committee’s vote, but they did not respond.