Judge Ivo Rosa withdraws from his candidacy for European prosecutor

Judge Ivo Rosa withdrew his candidacy for the position of European Prosecutor in a decision taken shortly before his hearing in the Assembly of the Republic, leaving Prosecutor José Ranito as the only candidate.

A source connected to the trial confirmed to Lusa that the decision of the judge, who faces two disciplinary proceedings before the Supreme Council of the Judiciary (CSM), was communicated this Wednesday morning to the Commission for European Affairs, where a hearing before deputies was scheduled. 12:00.

Ivo Rosa based his withdrawal on his current role as judge at the International Criminal Court in the case of Félicien Kabuga, a businessman accused of genocide and crimes against humanity in Rwanda in 1994.

According to the judge, the trial will continue “after July of this year and certainly during 2024”, so this situation will be contrary to a possible appointment to the post of European prosecutor.

“The pending trial, due to its complexity, the age of the defendant and his health problems, will go beyond the originally foreseeable period for its completion,” the magistrate’s email, which Lusa had access to, said. , in which he adds: “Thus, considering that the office of the European Public Prosecutor will take up his duties in July of this year, the signatory, if elected, will be deprived of the opportunity to exercise these functions by virtue of having to continue to be part of the aforementioned judgment”.

In a communication sent to the Commission for European Affairs, the judge recalled that he was still working in Portugal when, in October 2022, the SCM opened a competition for the position of European Public Prosecutor, and that the appointment of his name by the administrative and disciplinary body of judges took place in December of the same year, even before the appointment of the court to the International Criminal Court, in January 2023.

“The participation of the signatory in the International Court of Justice in question is carried out on behalf of the Portuguese state, given that it was the candidacy of Portugal in the United Nations,” said Ivo Rosa, concluding: “In order to avoid the practice of futile actions, the signatory declares that he refuses to be nominated and for this reason will not be present at the scheduled court session.

The competition was linked to a disagreement between the government and the two bodies that nominate candidates for European prosecution magistrates – the CSM and the Superior Council of the Prosecutor’s Office (CSMP) – after they refused to accept the opportunity, an open opinion of the Advisory Board of the Prosecutor General’s Office (PGR), in which it was recognized that these two bodies could issue invitations to magistrates to run for office.

Both higher councils refused to issue invitations, with the CSM limiting its insistence on seeking additional candidates to only publicizing the competition and extending the deadline for nominating candidates for José Guerra’s seat at the European Attorney’s Office.

On July 27, 2020, José Guerra was appointed National European Prosecutor at the European Prosecutor’s Office, an independent body empowered to investigate, prosecute, and prosecute and support him in the process of instructing and trying against perpetrators of criminal offenses that are harmful society. financial interests of the Union (for example, fraud, corruption or cross-border VAT fraud in excess of 10 million euros).