Veaceslav Ioniță lays out illegality of Parliament contest for interim general prosecutor

IDIS Viitorul expert Veaceslav Ioniță explained illegality of the contest for interim general prosecutor announced by Parliament. 

"Article 49. Interim management position

(1) Temporary performance of a management public function shall be done through its interim performance by the civil servant who meets the conditions specific for taking up such public positions, and has no disciplinary sanctions under this Law. The temporary performance of the management public function by the deputy/assistant of the holder of the respective public position shall not mean interim performance of the function.

(2) If the management public position is vacant, the stipulations provided in paragraph (1) shall be applied by the person/body that has legal competence to appoint to a public position for a maximum period of 6 months per year, upon notification of the Government.

(3) The period specified in paragraph (2) can be extended with 6 months at most with the notification of the Government, if the public authority organizes a competition and no candidate is selected for the public position, under the provisions of the law.

(4) In case of a management public position which is temporarily vacant, the person/body legally competent to appoint to a position shall decide on the action stipulated in paragraph (1) until the termination of suspension of the holder of the public position or secondment of the holder of the public position

(41) The provision of the interim, as well as its termination, shall be dispensed or, as the case may be, shall be established by an administrative act of the person / body having the legal competence to appoint.

(42) During the provision of the interim, the occupation by another person is done for a determined period ", Veaceslav Ioniţă mentioned.

Parliament announced Saturday a contest for Interim General Prosecutor with its deadline 17:00 July 29.  


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