The Civil Liberties Committee of the European Parliament selected on February 27 the former head of the Romanian anticorruption body, Laura Codruţa Kovesi, as their top candidate for the position of European chief prosecutor, the European Parliament announced.

The selection came despite harsh criticism from Romania’s ruling coalition who accuse Kovesi of abuse. In addition, Romania’s special section for investigating magistrates has recently started an investigation into the former head of Romania’s National Anticorruption Directorate (DNA).

Under Kovesi’s management, the DNA achieved important results in fighting corruption, indicting and sending to prison former MPs, ministers and mayors. In 2017 alone, the DNA sent to trial 997 defendants, including three ministers, a former head of the Chamber of Deputies, and six MPs. The number of cases completed by DNA prosecutors increased by 16.5% y/y to more than 3,800 in 2017. At the same time, the institution sent 189 people to trial for abuse of office.

Kovesi was selected by MEPs as the top candidate with 26 votes, Jean-Francois Bohnert from France obtained 22 votes, and Andres Ritter from Germany gained one vote.

“It is not a vote just for me, it is a vote for the whole Romanian justice system, for all citizens who support the rule of law, for all judges and prosecutors who work under pressure,” Kovesi said after returning to Bucharest.

“I applied alone for this post, I did not have the government’s support, I have not asked for it and I am not expecting it,” she added.

Changing justice legislation has been the focus of the ruling Social Democratic Party (PSD) since taking power at the end of 2016. The amendments made to the legislation have been often criticised by the Romanian magistrates, the European Commission (EC) and foreign embassies which saw them as weakening anti-corruption legislation.

Kovesi’s activity has repeatedly been praised in European Commission reports on the Southeast European country. She also enjoys public support in the country, where thousands of people took to the streets in large numbers in 2017 to show their support for the anti-corruption fight.

Kovesi was removed from DNA last year, after President Klaus Iohannis signed a decree dismissing her, as requested by the Constitutional Court. The procedure to remove Kovesi was initiated in February 2018 by Justice Minister Tudorel Toader over alleged misconduct within the agency. After Iohannis refused to endorse the government’s request to dismiss Kovesi. Romania’s government appealed to the Constitutional Court, which ruled on May 30 that Iohannis should dismiss the head of the DNA. Kovesi has repeatedly rejected Toader's accusations, while Romania’s magistrates body, the CSM, issued a negative review of Toader’s request to dismiss her back in February.

Now, the outcome of the Civil Liberties Committee vote, together with the recommendation of the Budget Control Committee also favouring Kovesi, which voted on February 26, will be forwarded to the Conference of Presidents (EP presidents and the leaders of the political groups) by the Civil Liberties Committee Chair. They will confirm the next steps to proceed on March 7, ahead of the negotiations with the Council, the European Parliament said.

The European chief prosecutor, who will head the European Public Prosecutor’s Office (EPPO), will be jointly appointed by common accord, by the European Parliament and the Council. 

The EPPO, which is expected to be operational at the end of 2020, will be an independent office in charge of investigating, prosecuting and bringing to justice crimes against the EU budget such as fraud, corruption or cross-border VAT fraud above €10mn.