In the context of the resignation announced today by Veronica Dragalin as head of the Anti-Corruption Prosecutor's Office, the Legal Resources Center (LRCJM) explained that, according to the law, vacancies can be filled by appointing an interim and organizing a public competition based on merit and integrity. However, after the public consultations organized by parliament on the issue of the merger of prosecutor's offices, procedural changes are not ruled out, the experts note, IPN reports.
Under the current law, once a vacancy arises, the prosecutor general issues an order appointing a prosecutor to act as interim prosecutor. At its first meeting, the Superior Council of Prosecutors (SCP) approves or rejects the appointment. If it rejects it, the PSC directly appoints another person as interim. The interim appointment lasts until the position is filled through a competition.
The PSC is obliged to announce the competition for the position of chief prosecutor of the specialized prosecutor's office no later than 15 days after the position becomes vacant. This competition is open to the public, based on merit and integrity criteria, and is organized in two stages: pre-selection of candidates (conducted by a special commission set up by the PSC) and then final selection by the PSC. Information about the competition - conditions, eligibility criteria, deadline for applications - is published on the PSC website.
Once the applications have been submitted, the special committee evaluates the applications and interviews the candidates, determining whether they meet the legal requirements (professional experience, reputation, integrity, absence of any conflict of interest, etc.). Candidates declared eligible are then subject to a second assessment by the PSC, which interviews them publicly.
Finally, the PSC submits the name of the selected candidate to the Prosecutor General. The Prosecutor General can only reject him or her if there is compelling evidence of incompatibility or serious procedural violations.
According to the CRJM, which cites the legislation, if the Prosecutor General accepts the nomination, he issues an appointment order, and if he rejects the nomination with reasons, the PSC reopens the procedure or can propose the same candidate with the vote of 2/3 of its members, in which case the Prosecutor General is obliged to sign.
The SJRC notes that if the Parliament has held public consultations on the issue of the merger of specialized prosecutor's offices, it is not excluded that the procedure may undergo changes.
The head of the Anticorruption Prosecutor's Office, Veronica Dragalin, announced her resignation this morning and submitted a request to this effect to Prosecutor General Ion Munteanu. Dragalin explained that she did so in order to stop the liquidation of the Anti-Corruption Prosecutor's Office and PCCOCS.