The modification of the mechanism of appointment of the general prosecutor was voted last night by the Parliament in the second reading, after 22:00. The appointment of the general prosecutor by the president of the country will be made at the proposal of the Superior Council of Prosecutors from the list of candidates put forward by the Commission set up by the Ministry of Justice. The initiative was supported by 55 votes.
Although initially several amendments were submitted by the PSRM MP, Adrian Lebedinschi, they were subsequently withdrawn.
The Contest Commission will consist of the minister of justice, a former judge or former prosecutor with at least ten years' experience in the position of prosecutor or judge, an international expert with extensive experience in the prosecutor's office or in the field of anti-corruption, a recognized expert or senior lecturer in the field of law and a representative of civil society. A recognized national expert will be appointed to the Commission by the speaker of Parliament. The members of the Commission must have an impeccable reputation and at least 10 years of experience in the field of law.
According to the legislative changes, the candidate for the position of general prosecutor must have at least 10 years of professional experience in the field of law, of which at least 5 years in the position of prosecutor or judge or 8 years in the position of lawyer or criminal prosecution officer.
The contest for the position of general prosecutor will consist of two stages. During the first stage, the Commission set up by the Ministry of Justice will pre-select candidates, while during the second stage, the Superior Council of Prosecutors (CSP) will select the candidate.
The Superior Council of Prosecutors will conduct the interview of the candidates put forward by the minister of justice. The interview will be video recorded and will be made public immediately after the interview of the last candidate.
Should the president of the country reject the selected application, the CSP will return the list of candidates to the Contest Commission. Following the elimination of found violations, the Commission may submit the same list or another list of candidates out of the persons who submitted their candidacies for the contest or may decide to resume the pre-selection process of candidates.
In accordance with the stipulated amendments, at the notification of the minister of justice or of the president of the country, a Commission may be set up to evaluate the activity of the general prosecutor. The evaluation of the general prosecutor's activity will have the purpose of verifying whether he has illegally engaged in another prosecutor's activity or has illegally intervened with other authorities, institutions or officials in order to solve any issue or to take actions that seriously affect the image of the Prosecutor's Office or the independence of prosecutors. Following the evaluation of the general prosecutor's activity, the Evaluation Commission will draft a reasoned report and petition the CSP to release the general prosecutor from office.
The termination of the general prosecutor's mandate takes place through the decree of the president, at the proposal of the CSP. The person who has at least five years of experience in the position of prosecutor during the last 15 years and has organizational skills will be appointed to the position of deputy general prosecutor.
Moreover, the amendments to the Law on the Prosecutor's Office also provide for the extension of the number of CSP members from 12 to 15 members.
