Up for grabs: three key positions in the State prepped and primed for negotiation between Dragnea and Tariceanu – General Prosecutor, Ombudsman and two Constitutional Court judges

Two key positions in the structure of the Romanian state apparatus – that of Prosecutor General and that of the Ombudsman are already vacant, and two other positions – of judges at the Romanian Constitutional Court are due to be vacated in June 2019. In the coming months, PSD and ALDE will negotiate and scramble for them, sources told G4Media.ro.

In recent years, these positions have proved to be extremely important in the exercise of power, being part of a so-called system of checks and balances, designed to ensure the balance of the state, in theory.

On Tuesday, the interim Justice minister Ana Birchall, announced that she was suspending the selection procedure for the Prosecutor General position. Most likely, this decision occurred because of the appeals lodged by some candidates at both the Justice ministry and in court.

„Selection procedures will be resumed in the near future. Details on the submission of applications, timing of proceedings and other information of interest will be communicated in due time, „Birchall said.

This means that the selection of the future general prosecutor will be done by the interim minister and will not be left up to the next full minister. This is an important detail.

If the selection procedure were to be made by an unscrupulous MP, like Eugen Nicolicea, who had been proposed to become the next Justice minister, the chances that the future general prosecutor would be a reasonable individual would have been zero. This way, there is still a chance at a compromise, especially since Prime Minister Dăncilă stated in an interview for Adevărul that the current interim judge was a „jointly agreed” proposal with PSD leader Liviu Dragnea.

On the 19th of April, President Klaus Iohannis signed the dismissal decree of General Prosecutor Augustin Lazar, who requested to be allowed to retire. The interim management is currently exercised by Bogdan Licu.

Why is the Attorney General’s position important? As per the Constitution, prosecutors must operate according to the principles of legality, impartiality and hierarchical control. In other words, the Prosecutor General is a key function, on which depends the degree of autonomy of other prosecutors’ structures, such as DN and DIICOT, with the notable exception of the special section for investigating the crimes committed by magistrates, who received a higher degree of autonomy in relation to the General Prosecutor position.

Ombudsman is another important function. Victor Ciorbea’s mandate at the head of the institution ends in a week, on May 7th. According to G4Media.ro sources, the position was offered to former Justice minister, Tudorel Toader. It appears he refused the appointment, perceived as a professional involution after his two-year mandate in the Dăncilă Government.

Why is the Ombudsman important? Emergency Decrees can only be appealed at the Constitutional Court by the Ombudsman. Victor Ciorbea proved to be a zealous defender of the government during his term, refusing to appeal controversial decrees at the Constitutional Court. The role of the Ombudsman has proved to be essential during the blitz operation of President Traian Basescu. The Ponta government had reduced the powers of the Constitutional Court by an emergency decree, so that the Court could no longer have jurisdiction over decisions taken by Parliament.

The Ombudsman at the time was replaced. Thus, through a series of flash decisions, comparable to a coup d’état, the president was replaced , and the institutions that ensured the balance in the state were neutralized.

The Constitutional Court is next. On June 15 two terms of office expire, one for the judge appointed by the Chamber of Deputies (Stefan Minea), and the second for the judge appointed by the Senate (Maya Teodoroiu). A third term (Petre Lăzăroiu), the judge appointed by the president, expires also in June, but here PSD and ALDE will have no say.

Theoretically, the opposition could impose a name if it succeeds in gaining a majority on a proposal, but PNL, USR and PLUS have not even raised the question of possible negotiations so far. In addition, the majority of the PSD-ALDE proved to be still operational when voting on the amendments to the Penal Codes.

PSD has the majority in the Senate without ALDE, so Dragnea could impose at least one judge without support from Tariceanu. In the Chamber, however, things look different and there the two parties will have to negotiate the name of the judge.

Constitutional Court judges’s mandates last nine years, so the stakes are high. The Deputy Speaker of the Chamber of Deputies, Florin Iordache, has already announced that PSD will make a nomination for the office of judge at the Constitutional Court by May 7th.

There are many candidates for the two seats, spearheaded by Teodor Melescanu (ALDE), Serban Nicolae (PSD), Eugen Nicolicea (PSD) and Florin Iordache (PSD), although the latter denied that he was aiming for a Constitutional Court position. The mandates of constitutional judges last 9 years so the stakes are high.

In delicate cases, the pro-PSD majority from the Constitutional Court hung by a single judge, so it is important if Liviu Dragnea succeeds in imposing a single judge or two.

Why is the Constitutional Court important? During the last two years, at least, PSD and ALDE have imposed important decisions in the area of justice with help from the Constitutional Court. For example, the court has forced Klaus Iohannis to dismiss Laura Codruta Kovesi as head of the DNA, adopting an unprecedented decision targeted at a particular person.

The Court has also partially depenalized some crimes included in the Criminal Codes and gave the PSD-ALDE majority a green light to amend the laws of justice as they wish. Some lawyers have criticized the fact that the Constitutional Court has turned into a positive legislator, indicating to Parliament how to amend certain laws.

Conclusion. Important negotiations between PSD and ALDE are foreseen for the coming period, as each of the above functions has proved to be essential in recent years. Who will ultimately impose their names in these key functions? Liviu Dragnea, Călin Popescu Tăriceanu or Viorica Dăncilă, considering that each of the three controls the institutions that will make the appointments.

Traducerea: Ruxandra Stoicescu