Former Romanian Justice minister Monica Macovei: the procedures agreed on naming chief prosecutors should not be changed

Romania explicitly assumed the obligation to maintain the procedure on naming chief prosecutors as part of the five benchmarks on justice imposed by the European Union. The last monitoring report of the Commission on the Romanian justice systems urges authorities to conserve the law otherwise Romania will have to face the activation of the safeguarding clause. Several parties in Romania announced their intention to modify the law on September.

Former Justice minister Monica Macovei summoned politicians to maintain the current provisions of the law and thus keep the chief prosecutors independent of pressures and political influences. According to last EC report, Romania needs to maintain the legal and institutional stability and keep up its fight against corruption.

Social Democrats recently announced their intention to propose a draft law that would change the current provisions of the law. The arguments were that chief prosecutors must be protected by any political influences. They argue that the change is necessary and the European monitoring mechanism will be ceased once this decision will be taken.

The European Commission urged Romanian politicians that chief prosecutors should be named by the incumbent Justice minister and not by the Council of Magistracy. The Council, in the Commission’s view is incapable of reforming the judicial system give its own characteristics.