The CSM hearings of the magistrates proposed by Radu Marinescu for the leadership of the major prosecutor's offices have concluded / What does the picture of the opinions look like and what follows

The interviews at the Superior Council of Magistracy with the judges nominated by the Minister of Justice, Radu Marinescu, for the leadership positions at DNA, DIICOT, and the General Prosecutor's Office concluded on Tuesday, during which three of the proposed judges received negative opinions and only three received positive opinions.

We remind that on Tuesday, Marinela Mincă, the current head of the judicial section of DNA, and Marius-Ionel Ștefan, head of service at DNA Pitești, were heard by the CSM's Prosecutors' Section, both candidates for the position of deputy chief prosecutor of the National Anticorruption Directorate. Of the two, only Marius-Ionel Ștefan received a positive opinion.

Negative opinions were also received by Cristina Chiriac, proposed as chief prosecutor of the High Court of Cassation and Justice, Gil Julien Grigore Iacobici, proposed as deputy at DIICOT.

"The proposals made by me have no area of subjectivity," declared Minister Radu Marinescu on Tuesday when asked by journalists if he would withdraw the nominations of the prosecutors who did not receive a favorable opinion from the CSM, according to Agerpres.

Asked about the criticisms coming from civil society, Minister of Justice Radu Marinescu stated that "some people are criticized, others are appreciated, we must always take into account or respect freedom of expression."

Three favorable opinions

The Prosecutors' Section of the Superior Council of Magistracy (CSM) gave a favorable opinion for Ioan-Viorel Cerbu, candidate for the position of chief prosecutor of the National Anticorruption Directorate (DNA), Codrin Horațiu Miron (head of DIICOT), and Marius-Ionel Ștefan (deputy chief prosecutor of DNA).

The Voineag and Florența cases, an insurmountable tie

Both Alex Florența and Marius Voineag have been heard multiple times in the Prosecutors' Section of the CSM, and each time the same result was reached: three votes for a favorable opinion and three for a negative opinion. Under these conditions, the CSM confirms a tie, not a negative opinion. If the Prosecutors' Section remains blocked and does not obtain a majority, the Minister of Justice can send the proposals of Florența and Voineag to the President of Romania without the CSM's opinion.

At the same time, since the opinion is consultative, even in the event of a future negative opinion, the minister has the legal freedom to maintain the proposal and send it to Cotroceni.

We remind that the current head of DNA, Marius Voineag, is running for the position of deputy general prosecutor of Romania, while the current general prosecutor is running for a position as deputy head of DIICOT.

What follows after the conclusion of the hearings: steps and indicative calendar

According to Law 303/2022, after the issuance of the consultative opinion of the CSM, the Minister of Justice submits the proposals to the President of Romania, Nicușor Dan.

According to the procedure established by the Ministry of Justice in the selection calendar, in the case of candidates with negative opinions (Chiriac, Mincă, Grigore Iacobici), the minister must organize a new interview with each, after which he decides whether to maintain their nomination and send it to the president or to restart the entire selection procedure for the respective positions. For candidates with favorable opinions, the minister can immediately send the proposals to Cotroceni, and the president can sign the appointment decree or issue a reasoned refusal, made public.

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