The Appointment of Top Prosecutors in Romania: Minimizing the Role of the Judiciary

Abstract

In Romania, the appointment of top prosecutors is still one of the main competences of the executive power. The legislative procedure in force, which is incomplete and essentially devoid of meritocracy, has required the advice of international experts, such as the Venice Commission, to strengthen the role of the body representing the judiciary, but has also received overwhelming criticism from the European Commission under the Cooperation and Verification Mechanism.

The role of the Superior Council of Magistracy is minimized, despite the recent opinions and reports of the relevant international entities regarding the importance of establishing guarantees for the independence and impartiality of the judiciary, as well as for transparent and depoliticized methods of appointment of judges.

This article will analyse the current situation and the recent changes that have been made by the Romanian legislator, while also mentioning the criticisms of the international and European institutions, the pending cases before the CJEU regarding the rule of law and the needs for further improvements.

Keywords: Judiciary, magistracy, prosecutors, constitutionality, cooperation and verification mechanism