Girbovan (UNJR): Directorate for Investigation of Criminal Offenses in Justice, shielded from any political decision

Postat la: 07.12.2017 14:14

The president of Romania's National Judges Union (UNJR) Dana Girbovan maintains that the Directorate for the Investigation of Criminal Offenses of Judges and Prosecutors, due to be set up within the Prosecutor's Office is "completely shielded from any politician's decision." 

In a Facebook post, Dana Girbovan refers to UNJR's proposal sent to the parliamentary committee headed by Florin Iordache of setting up a Directorate for the Investigation of Criminal Offenses of Judges and Prosecutors. 

"Despite all slogans voiced by some people in politics or the press, that Justice will be politically seized through this directorate, it can be noticed that this directorate is completely shielded from any politician's decision. If appointments for the prosecutor general or directorates' chief prosecutors positions are made with manifest political contribution (the proposal is made by the Justice minister and the appointment by the President), in this directorate's case, the appointment of the prosecutor general is made by the CSM (Superior Council of Magistracy, ed. n.) plenary. Moreover, the CSM plenary also appoints the prosecutors that will work in this directorate. The appointment is made following a completely transparent procedure, including a live-broadcast interview. The selection pool is among 18-year-on-the-job prosecutors, in minimum rank of Court of Appeal. Seniority and rank will bring a plus of professionalism and experience. In their assessment, their previous activity will count, including the number of acquittals, restitutions, convictions, the way they led their investigations," Dana Girbovan writes. 

The UNJR president further shows that the appointment of these prosecutors in this directorate will cover three years with only one possibility of re-appointment. 

"In order to enhance the prosecutors' independence guarantees, this directorate will only carry out criminal investigation, following that the prosecution be conducted, depending on the situation, by prosecutors with the prosecutors' offices of the courts of appeal or the judicial department of the Prosecutor's Office with the ICCJ [High Court of Cassation and Justice - ed.n.]. Such structure, completely protected from any political decision will provide further guarantees of independence not just to judges but also to prosecutors," Girbovan says.



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