The European Court of Human Rights (ECHR) ruled on Tuesday 5 May in favour of Laura Codruţa Kövesi, head of the European Public Prosecutor's Office, regarding her highly controversial dismissal in July 2018 from her position as Chief Prosecutor of the Romanian National Anti-Corruption Directorate (see EUROPE 11968/19).
In a Chamber judgment delivered on Tuesday 5 May by a unanimous vote of the judges, the Court concluded that the dismissal of Ms Kövesi before the end of her second term of office, because of her criticism of the Romanian government's corruption-related legislative reforms, constituted a violation of her right to freedom of expression and to a fair trial.
The Court found that there was a causal link between the applicant's exercise of her right to freedom of expression and the end of her term of office. The other justifications for her dismissal provided by the government were not convincing, she says.
"One of his tasks as Chief Anti-Corruption Prosecutor was to express his views on legislative reforms that might affect the judiciary and its independence", the Court said.
The applicant's premature dismissal was "contrary to the very purpose of maintaining judicial independence" and may have deterred other prosecutors and judges from participating in public debates on legislative reforms affecting the judiciary and judicial independence, she said. (Original version in French by Marion Fontana)