THE NIGHTMARE OF MINISTER TUDOREL TOADER TAKING SHAPE Kovesi, a favorite for the position of chief prosecutor of the European Parliament

The saying goes that whatever doesn't kill you makes you stronger. That also applies to Laura Codruţa Kovesi, the former chief-prosecutor of the National Anticorruption Department, who has been dismissed for political reasons and in the interest of law breakers, upon the request of the Minister of Justice, Tudorel Toader and the Constitutional Court of Romania, by president Klaus Iohannis. Kovesi is only two steps away from becoming chief prosecutor of the European Parliament, a position from which he will decide, together with the members of the executive college, the investigation of the defrauding of European grants allocated to every EU member state.

It is exactly what the leaders of the current government coalition in Bucharest are displeased with, as it is known that Liviu Dragnea, the president of the PSD, has been accused in the report of the European Anti Fraud Office that in 2017 he has defrauded 21 million euros in European funding allocated to some infrastructure projects in the county of Teleorman, in the by now notorious Tel Drum case.

And since the political bosses, meaning those who have decided her appointment as minister of Justice, are worried over the fact that Laura Codruţa Kovesi can become the first chief of the European prosecution office in history, Tudorel Toader thought to sabotage her potential election. He said he would hand the ministers of Justice in the European Union, who are part of the Justice and Internal Affairs Council, which are participating in the coming two days to an informal reunion in Bucharest, the translated text of the decision no. 358 of May 30, 2018 issued by the Romanian Constitutional Court, which shows the reasons why Laura Codruţa Kovesi was going to be dismissed as chief prosecutor of the National Anticorruption Department. We wouldn't be surprised if Tudorel Toader, aside from the decision in question, handed his European colleagues the translated text of the assessment report which he published one year go concerning the irregularities he has uncovered concerning the activity of Laura Codruţa Kovesi at the helm of the DNA.

Essentially, through his attitude and his statement that the ministers of Justice in the EU need to be informed about "the abuses committed by Kovesi", Tudorel Toader admits that in his evaluation report, both him and the Romanian Constitutional Court, have judged Laura Codruţa Kovesi, without giving her the opportunity to defend herself. That is exactly what the former prosecutor of the DNA stated in the complaint submitted to the European Court of Justice, complaint which has been admitted on principle and which is going to be tried by the European magistrates.

• The minister of justice violates Romania's honest broker status in the EU Council

Through his attitude, Tudorel Toader hopes to block in the JAI Council the nomination of Laura Codruţa Kovesi for the position of chief prosecutor of the European prosecutor's office. Except that the chances of the minister of justice are very small, as long as art. 14 point 1 of the Regulation 2017/1939 issued by the Council of the European Union on October 12th, 2017, which sets the organization and functioning of the European Prosecutors' Office, which stipulates that the appointment of the chief prosecutor will be done, through mutual agreement, by the European Parliament and the Council of the European Union. Council of which we have the presidency until July 1st, 2019, but where we have a mandate as " honest broker", meaning an impartial mediator and we cannot express the discontents or the desires concerning one person or another. That is exactly what Justice minister Tudorel Toader overlooks through his attitude, as he is violating the impartial mediator mandate.

The same article states that the decision of the Council will be made with a simple majority, meaning 50%+1. Taking into account last year's events in Romania, the fact that both the European Commision, through the MCV report for 2018, as well as the European Parliament, through the Resolution on the state of the rule of law in Romania passed on November 13, 2018, have expressed their discontent concerning the way that Laura Codruţa Kovesi has been dismissed, it is expected that from the short list, of three nominations, most of the European deputies would prefer Kovesi over her peers from France and Germany. And in the European Union Council we may have the same option, especially since it will be made with a simple majority.

Under these circumstances, Tudorel Toader's efforts show once again the desperation of the leaders of the PSD-ALDE coalition who have made Laura Codruţa Kovesi a target over the last two years, because of her activity to fight high level corruption in Romania.

These efforts of the Romanian minister of Justice have been preceded by the disinformation concerning the appointment of European prosecutors. One month ago, Tudorel Toader was saying that Laura Codruţa Kovesi didn't stand a chance to become a European prosecutor, because he would be making the nominations on behalf of Romania.

According to regulations concerning the organization and functioning of the European Prosecutors' Office, there is a difference between the procedure for the election of the chief-prosecutor of that institution and the appointment of those other European prosecutors. Those who want to become chief-prosecutors have submitted their application and have been heard by a special commission. The first three candidates are established, and the European Parliament and the Council of the European Union will vote on the future chief of the European prosecutors' office. As far as the other European prosecutors are concerned, every member state will submit three proposals, and out of them only one European prosecutor will be elected. When speaking of the nullity of Kovesi's chances to become a European prosecutor, Tudorel Toader was speaking about the second procedure, but he did not specify that, leaving the public to believe that he was talking about the position of chief European prosecutor, which essentially represents a deliberate disinformation from the minister of Justice.

With or without the permission of Tudorel Toader, Laura Codruţa Kovesi remains in the race for the position of Chief prosecutor of the European Prosecutor's Office and has the best odds of winning.