The Court rules: Chief prosecutors cannot be named by the Superior Council of Magistracy without the approval of the President

The Constitutional Court decided on Wednesday that chief prosecutors cannot be named by the Superior Council of Magistracy without the approval of the President, a press release of the institution informs. The Constitutional Court ruled thus as unconstitutional the modifications made at the law regulating the process of naming chief prosecutors, passed in the Senate and sent for approval to the President.

The Senate decided that chief prosecutors will be named by the Superior Council of Magistracy at the proposal of the Ministry of Justice, without the approval of the President. A day later, Democrat Liberals contested this decision at the Constitutional Court. The Senate was in a position to take a final decision in this case and thus the modifications were sent straight to the President for promulgation.

However, the Senate’s vote was highly contested within the European Union as well. PM Calin Popescu Tariceanu met, a week ago, EC President Jose Manuel Barroso to discuss about the justice reform in Romania.

Currently, chief prosecutors are named by Romania’s President, at the proposal of the Justice Ministry while the approval of the Superior Council of Magistracy is only consultative.