FRIDAY, NOVEMBER 12, 2021, 12:17 p.m.
SOURCE: The reality
AUTHOR: Iulian Budușan
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The High Court of Cassation and Justice admitted on Thursday, November 11, the appeal of the SCM and found that Laura Codruța Kovesi does not hold the professional degree of Prosecutor’s Office attached to the HCCJ. Kovesi thus returns to the professional degree of prosecutor’s office attached to the court.
„It admits the appeal declared by the defendant the Superior Council of Magistracy against the civil sentence no. 1248 of April 9, 2019 of the Bucharest Court of Appeal – Section VII administrative and fiscal litigation. It quashes the appealed sentence and, in retrial. Dismisses the action brought by the applicant Kovesi Laura Codruța, in contradiction with the defendant, the Superior Council of Magistracy, as unfounded. Definitive. Delivered in open court today, November 11, 2021 ”, it is shown in the HCCJ solution.
What are the special conditions of the European Public Prosecutor’s Office
The professional degree of PÎCCJ was one of the conditions for holding the position of Chief Prosecutor of the European Public Prosecutor’s Office. Thus, the EPPO’s chief prosecutor can be selected from among the prosecutors “who have the necessary qualifications for appointment to the highest positions at the level of the prosecutor’s offices and magistrates of their respective Member States”.
According to the EPPO Regulation, the Court of Justice may, at the request of the European Parliament, the Council or the Commission, dismiss the European Chief Prosecutor if he finds that he no longer fulfills the conditions required for the performance of his duties.
On November 6, 2018, the prosecutors’ section of the Superior Council of Magistracy (SCM) rejected the request submitted by Laura Codruţa Kovesi for recognition of the professional rank corresponding to the Prosecutor’s Office attached to the High Court of Cassation and Justice (PICCJ). Subsequently, Kovesi appealed the SCM decision to the Bucharest Court of Appeal and won. The CAB decision was revoked by the HCCJ on Thursday.
What the law says
According to the law, the prosecutors who work at DNA and DIICOT temporarily acquire the degree of PÎCCJ, during the activity at the special prosecutor’s office. Once they return to the prosecutor’s office where they come from, they also regain the professional degree obtained through the exam. This procedure was regulated by GEO 56/2009. The section for prosecutors of the SCM considered, at the time of Kovesi’s dismissal from DNA, that she should return to DIICOT Sibiu, having a temporary degree of PÎCCJ and thus being able to be delegated to PÎCCJ.
Once Laura Codruţa Kovesi took over the position of chief prosecutor of EPPO, she, logically, did not work in DIICOT or PÎCCJ. As a result, he automatically returned to the professional rank of prosecutor at the court. This means that the former head of DNA no longer meets the conditions of art. 14, para. 2, letter c) of the EPPO Regulation.
Even if the European Parliament, the EU Council or the European Commission do not ask the EU Court of Justice to find these issues and dismiss Kovesi, the situation of the former head of DNA could lead to the futility of future EPPO cases. All official documents that will be signed by Kovesi will be able to be attacked based on the argument of illegal holding of office.
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