The justice minister’s involvement in the appointment and dismissal of high-ranking prosecutors “remained significant and poses a risk of undue political influence”, the Group of States Against Corruption (GRECO) said in its latest report published on Wednesday. According to GRECO, the granting of an increased role to the Higher Council of Magistracy in this procedure has been partially implemented, so “it does not appear that the role of the Supreme Council of the Supreme Court has increased more than marginally.”

GRECO – Group of States Against CorruptionPhoto: Council of Europe

In a report published on Wednesday, GRECO shows that the new law “still leaves an important role for the Minister of Justice in the appointment procedure, given that he must select candidates and make a reasoned proposal for each of the leadership positions:

  • “GRECO takes into account the new legislative changes regarding the appointment of prosecutors to the highest positions in the prosecutor’s office.
  • According to Art. 144 of the Law on the Status of Judges and Prosecutors, the President of Romania makes a decision on the appointment of prosecutors to higher positions at the request of the Minister of Justice.
  • This still leaves an important role for the Minister of Justice in the appointment process, given that he/she has to select candidates and make a reasoned proposal for each of the leadership positions.
  • However, the CSM appears to have been given a somewhat stronger role in this procedure, given that it has to provide an opinion that forces the Minister to reconsider his choice of candidate.
  • In any event, the law provides for no more than an advisory role for the CSM with respect to the Minister of Justice’s final proposal. For this reason, it does not appear that the role of the CSM has increased more than marginally.
  • However, GRECO is currently unable to assess any practice given that the law has only just been adopted.”
  • VIEW THE ENTIRE GRECO REPORT HERE