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CSM: Enforcement of OUG on exercising functions in prosecutor's offices applicable for future, not retroactively
The Prosecutors' Section with the Superior Council of Magistrates (CSM) has unanimously decided on Wednesday that the enforcement of the Emergency Ordinance on the justice laws package in relation to the exercising of positions by the prosecutors with the General Prosecutor's Office, the National Anticoruption Directorate (DNA) and the Directorate for Investigating Organised Crime and Terrorism (DIICOT) is applicable for the future and does not have a retroactive effect.
"The Prosecutors' Section has unanimously taken notice of the requests of the Prosecutor's Office attached to High Court of Cassation and Justice, DIICOT and DNA and recommends the interpretation of the provisions of art. 7 in OUG 92/2018 in the sense of applying for the future the requirements for exercising a position within the Prosecutor's Office attached to High Court of Cassation and Justice, DIICOT and DNA, as well as within the other prosecutors' offices. The decision of the Section will be motivated as soon as possible. (...) Nobody is leaving, as far as we can interpret, based on the law's provisions that, from our standpoint, provide for seniority conditionality. We are not talking about a retroactive effect," the Vice-President of CSM, Codrut Olaru, head of the Prosecutors' Section, explained.