10.01.2013

PRESS RELEASE

The Public Information and Press Relations Bureau within the Prosecutor’s Office attached to the High Court of Cassation and Justice is authorized to bring to public knowledge the following:

In the context of the recent public statements referring to the statute of the prosecutor, launched by the elections for the leadership of the Superior Council of Magistrature, the Prosecutor's Office attached to the High Court of Cassation and Justice organized the consultation of the prosecutors within the Public Ministry.

Following this demarche, 92% of the 1982 consulted prosecutors  have adopted the following statement:

“The public opinions of some professional associations of the magistrates and of some public persons who are calling into question the statute of the prosecutor in Romania and his belonging to the body of magistrates, following the result of the elections of the new leadership of the Superior  Council of Magistrates from 4.01.2013, are likely to cause concern for the members of this profession.

The statute of the prosecutor in Romania is clearly defined in the Constitution and in the Law no. 303/2004 regarding the statute of the judges and prosecutors. His role in the judicial activity, his quality as magistrate, the principles based on which he carries out his activity and based on which his career is organized, ar  explicitly regulated by the  normative framework  in force and  according to the international standards.

The election of a prosecutor as president of the Superior Council of Magistrature is in concordance with the provisions of the Constitution and of the Law no. 317/2004, having in view that the members of the Council have the same statue and the same vocation, and the Council is the common forum, aiming  at defending the independence of justice.

The election of the president is the result of the vote of the majority of the members of the  council, under the conditions of the law”.

Also, 80% of the consulted prosecutors considered that:

“The points of view expressed by the Association of Romanian Prosecutors in the actual context, doesn’t represent the position of the professional body of the prosecutors, being necessary the launching  of the demarches by which it should be guaranteed that the interests of the profession are promoted by a representative, active professional association, which  assumes its position as real dialogue partner in the public space.”

Following this consultation, the Public Ministry highlights once again that the observance of the  statute of prosecutors is necessary for the fulfilling of its role as representative of the general interests of the society and as defender of the law order, of  the rights and liberties of the citizens.