On Wednesday 20 February, the Committee of Permanent Representatives in the EU (Coreper) will decide on how they themselves wish to rank the three candidates shortlisted to head up the European Public Prosecutor's Office.
According to the grading drawn up by the Selection Committee (see EUROPE 12093) at the beginning of February, Laura Codruţa Kövesi – the former head of the National Anti-Corruption Directorate of Romania, who was dismissed from office when the Viorica Dăncilă government took office (see EUROPE 11968) – came out on top, followed by the Frenchman Jean-François Bohnert, followed by the German, Andrés Ritter. However, Member States can decide differently.
Only the 22 countries – Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Portugal, Romania, Slovakia, Spain, Slovenia, Netherlands and Malta – who are participating in the enhanced cooperation, will take part in the vote by secret ballot.
Exceptionally, Romania, which has a candidate in the running, will not chair the vote and instead, Finland will take over as the next Presidency of the Council of the EU.
Each country has six points available. They may then award three points, two points or one point to the various candidates and the total points received by each candidate is then used to establish the grading. It should also be noted that countries are also free to not award all of their six points.
France and Germany are expected to support their own candidates; as for Romania, it is thought that they will continue to oppose the candidature of Laura Codruţa Kövesi, who is currently the subject of a controversial investigation within the country (see EUROPE 12194). Apart from Austria, which publicly supports the Romanian candidate (see EUROPE 12190), the positions of the other Member States remain unclear.
Despite Romanian attempts at deterrence (see EUROPE 12193), a diplomatic source on Monday 18 February said that there would be more or less consensus in favour of candidate Laura Codruţa Kövesi.
According to another source, the vote will come down to the Romanian and French candidates. Jean-François Bohnert does not have the media presence of the Romanian candidate, but he is a real asset, the source argued, explaining that he had received support.
Italy and Spain are also reported to have criticised the final list drawn up by the Selection Committee, which contains only three names. The procedural requirements provide for a short list of up to three to five candidates and these countries, which also had candidates among the 11 persons called for interviews at the end of January (see EUROPE 12182), would have preferred to have seen a longer list.
After Wednesday's vote, ambassadors representing the trio of forthcoming EU Council Presidencies, namely Finland, Croatia and Portugal – Germany having been excluded since it also has a candidate in the running – will be mandated to negotiate with the European Parliament.
At the end of this consultation phase, the 22 Member States will vote again to find a successful candidate in consultation with Parliament. To be appointed, the support of 12 Member States (a simple majority) will be needed. (Original version in French by Marion Fontana)