The indictment of Laura Codruţa Kövesi, the former head of the Romanian Anti-Corruption Prosecutor's Office, on charges of corruption, in Bucharest on Thursday 28 March, has added fuel to the fire in the context of severe criticism of the Romanian Social Democratic government's judicial practices, but could also call into question her eligibility for the post of European Chief Prosecutor.
According to a number of reports in the Romanian media, Ms. Kövesi will be subject to strict judicial control for the next 60 days, preventing her from speaking to the press and from leaving Romania. The reports suggest that proceedings against her have been accompanied by a ban on performing her duties as a judge. Ms. Kövesi has reportedly already begun the process of challenging these measures before the Supreme Court.
On Friday 29 March, the European Parliament reiterated its strong support for the Romanian candidate. Showing his concern about the news from Bucharest, the European Parliament President, Antonio Tajani, said on Twitter that “The European Parliament stands by its candidate for European Public Prosecutor”. The issue will be discussed at the meeting of the Conference of Presidents of Political Groups on Wednesday 3 April.
“We continue to support her in accordance with the presumption of innocence”, said Ska Keller, German Co-President of the Greens/EFA Group in a statement.
“It seems extremely dubious that a newly formed judicial unit that is directly controlled by the government accuses Laura Kövesi of corruption (...) We urge the Romanian government to allow independent investigation and full transparency in this case. Banning her from talking to the media is totally disproportionate”, she said.
The European Commission has ensured that it is “closely monitoring” these developments, which it considers to be an obstacle to Mrs Kövesi's participation in the selection process. Romania - which currently holds the Presidency of the Council of the EU - has never supported her candidacy and has made increasing efforts to prevent it (see EUROPE 12209/4).
“It is crucial that all candidates put forward by an independent selection panel are treated fairly in the course of this process”, said Commission spokesperson Margaritis Schinas, echoing the warning issued by Věra Jourová, the Commissioner of Justice, in early March (see EUROPE 12210/2).
“We, the Commission, call on the Romanian Government and the Romanian authorities to fully respect the principle of sincere cooperation as enshrined in the treaty regarding the selection procedure of the European Chief Prosecutor. All candidates need to be able to participate in all steps of the selection procedure unhindered”, she added.
A European source refused to speculate on the eligibility of the Romanian candidate for the post and indicated that the Council of the EU had not been officially informed of the charge and did not actually need to be informed.
Nevertheless, the eligibility criteria set out in the vacancy notice for the post of European Chief Prosecutor also stipulate that “candidates have to have fulfilled any obligations imposed by the laws concerning military service, produce the appropriate character references as to their suitability for the performance of their duties and be physically fit to perform their duties”, she stressed.
These new developments will further complicate the ongoing negotiations between the European Parliament and the Council of the EU - which supports the French candidate, Jean-François Bohnert - regarding the selection of the European Chief Prosecutor, which are currently at an impasse (see EUROPE 12223/24). The two institutions’ negotiating teams will meet again on 4 April to try to agree on a candidate. (Original version in French by Marion Fontana)