Mateescu's statement comes in the context in which the Minister of Justice is of the opinion that the law does not provide for a clear procedure with regard to the interim at the head of the YY.
Mateescu therefore contradicts Tudorel Toader, arguing that the SCM plenum should appoint the interim judges at the head of the IJ until a competition is organized.
"Be well informed!
Whenever the legal mandate of the leader of a court or public prosecutor expires and the post is not filled by competition or investigation, the relevant department of the Supreme Court of Magistracy will delegate a judge or a public prosecutor in that position until it is filled by a competition or an exam.
It is not mandatory to delegate the previous occupant of the function, the department appreciates.
No mandate of justice is extended "by law".
No mandate from other institutions, not just from justice, is extended "by law" (outside the state of war, according to the Constitution).
Because that's the idea of "mandate" …
– In this situation there are dozens of courts, from the Supreme Court of Cassation and Justice to the judges. The same as the parquet.
That was the case at the highest level in the past (Lidia Barbulescu at ICCJ, Daniel Marius Morar at PG).
– if there are other institutions in the area of the judiciary than the courts or the public prosecutor's office, the SCM plenary meeting – the person who assigned the appointment – has the legal authority to delegate these functions. Previous director and deputy director of INM, deputy director SNG.
In the case of the judicial inspection, the First Council of the Commission has of course decided that the SCM Plenum has the legal authority to delegate and the leading positions in which its legal complaint can be named, "Judge Mateescu writes on Facebook.