February 2011 - From the Print Edition

The Superior Council of the Magistrates (CSM), an independent body supervising the activity of judges and prosecutors, has appointed judge Mr Horatius Dumbrava as President. The 39 year-old was previously president of the court of appeal in Targu Mures and is a graduate of the University of Babes-Bolyai, Cluj-Napoca. The CSM also appointed prosecutor Mr George Balan as vice president, who was previously deputy attorney general prosecutor of the Bucharest court of appeal. The 49 year-old has a doctorate in public policy and national security and is a graduate of Bucharest’s Law Faculty.
However, as we went to press, the composition of the CSM was uncertain, as the Constitutional Court had made a statement that the elections need to be repeated, following the governing Democratic Liberal party’s (PDL) complaints regarding three of the appointments of permanent members. The PDL has argued that judges Ms Lidia Barbulescu and Mr Dan Lupascu and prosecutor Mr Dan Chiujdea are incompatible with their positions because they have already fulfilled a six- year mandate on the CSM and the law states that magistrates cannot serve for a second term of office.
The Constitutional Court also decided that Mr Victor Alistar, the head of Transparency International Romania should not be in the CSM as a representative for civil society, after allegations of a conflict of interests regarding his dual function as spokesman for the National Agency of Civil Servants and his job at Transparency International.
The other member who was chosen as a representative of civil society in CSM, Ms Corina Dumitrescu [a rector in Dimitrie Cantemir Christian University], was also contested, due to a 2006 appointments scandal.
The CSM was waiting for the reason for the Constitutional Court’s decision as we went to press, and there was a risk of re-elections taking place.