The Prosecutors Section of the Superior Council of Magistracy failed to issue the opinion within the legal deadline for Alex Florența and Marius Voineag, but the appointment procedure continues according to legal provisions.
After four failed attempts, the Section members remained deadlocked in the vote: each of the two candidates received three „in favor” votes and three „against” votes, without a majority being formed.
The law stipulates that the CSM opinion must be issued within 30 days from the request of the Minister of Justice. In this case, the deadline expired without a decision.
However, the same legal act clearly states that the lack of opinion does not block the procedure. Thus, the Minister of Justice, Radu Marinescu, can forward the proposals to President Nicușor Dan, even in the absence of a verdict from the CSM.
Major prosecutor's offices left without heads
The deadlock comes at a sensitive time for the judicial system: the positions of the Prosecutor General and the Chief Prosecutor of the National Anticorruption Directorate (DNA) have been vacant since March 31, and the leadership of DIICOT will remain vacant from April 14.
Meanwhile, only three candidates have received a positive opinion from the CSM for leadership positions in the major prosecutor's offices.
Rejected candidates, interviews rescheduled
For candidates who received a negative opinion, the Ministry of Justice will restart the procedure. New interviews are scheduled for April 7.
After these steps, the minister can decide either to proceed with the proposals or to withdraw them and restart the selection process.
Final decision at Cotroceni Palace
Regardless of the CSM opinion, the final decision belongs to the President of Romania, who can accept or reject the proposals received with reasons.
The head of state has up to 60 days to sign the appointment decree or to reject the candidacy.