Elena Virginia Botezan has been a Judge at the Cluj Court of Appeal since the beginning of 2015. Before this she was a successful prosecutor for 18 years. In 2005 she started work at the National Anticorruption Department (NAD), Cluj Local office, an institution that had a lot of great results in Romania, and that was praised for its work in Europe.
She became the Chief Prosecutor there in 2009, and during her five year term there she made a name for herself by successfully handling big corruption cases, that people thought were untouchable. According to her achievements, the press dubbed her ‘The anticorruption iron lady of Cluj’.
Lawyr.it: What drove you towards prosecution?
E.V.B.: Funny story! I became a prosecutor purely by chance. In university I was pretty certain I was going to become a lawyer. But my plans were thwarted when the lawyer for whom I worked as an intern during the final two years of study could not take me as a trainee anymore because of some personal issues. At that point it had become too late to find another mentor so I signed up for the prosecutor exam, on the last day, although I have never even considered this path before. It seems that fate chose better than I could have at that point, because as it turned out prosecution was the perfect fit for me. This is why, for eighteen years, I have been a prosecutor happy with my work.
Lawyr.it: How different do you think everything would have been if you became a lawyer as planned?
E.V.B.: I cannot imagine how things would have been, but I think it is hard to achieve the level of satisfaction and accomplishment that I had as a prosecutor. Once installed in the office, I received job offers as lawyer that offered way more, materially. I immediately refused them because I felt really happy with my work and my financial state.
This is because investigative work is very exciting! Trying to put yourself in the shoes of the suspect, to figure out how he committed the crime, to know where to place yourself and where to look for weak points, it was like a puzzle. That is why, for me, work was not work per se. It was a passion.
Things went even better after I became a prosecutor in the National Anticorruption Department (NAD). That is where I felt that I can, and wanted to craft much better and ‘beautiful’ case files, because each and every one of them was built from the ground up by us. We could see them grow before our very eyes. I felt like I was creating... art!
Lawyr.it: Speaking of NAD, where did your passion for corruption crimes start, and how did you become a part of NAD?
E.V.B.: At the beginning of my career, I was passionate about economic crimes. To me, the most interesting crimes were crimes like tax evasion, forgery, fraud and so on. After almost seven years of investigating economic crimes, corruption was the natural next step. I finally felt ready enough to properly deal with them, because in my opinion the anticorruption fight was and continues to be the most challenging for a prosecutor’s mind.
In addition to this, I chose to join the NDA when Daniel Morar was appointed as the chief prosecutor of the structure. I knew he was an honest and intelligent prosecutor and I was absolutely convinced that this would be the mark of a profound reform of the structure and the start of the real fight against corruption. As we can see today, this turned out to be true. I am what I am today because he was, and still is, a role model for me. I learned to be stubborn, perseverant, and to trust myself as long as each and every step of my work is done by the book. So it was simple: I wanted to be part of his team!
Lawyr.it: What were some of your duties as the chief prosecutor of the National Anticorruption Department (NAD), Cluj local office?
E.V.B.: Firstly, I wanted to build a strong team of professional prosecutors, who needed to work to high standards in order to produce a high quality finished product and with whom to work on significant cases of corruption jurisdiction. Secondly, as a prosecutor myself, I worked on cases normally, as before. The difference was that as the leader in charge of my team, I tried to give all my best to lead by example and inspire confidence that they can investigate any person, while giving them my full support. In the NAD, the outcome of a case that is visible to everyone is the result of the work of an entire team, not just one person. It is true that I had established a certain style of teamwork, a consistent, punctual, and coherent one, focused on the essence of the investigation. When examining a case, it is a continuous change, and the key to success lies in permanently staying informed. Decisions are thus easier to make and better overall. It also clearly means a lot of hard work, but it ensures far better results.
Lawyr.it: Have you ever felt a glass ceiling being imposed on you for being a woman prosecutor? How about any kind of political pressure, especially on high profile cases?
E.V.B.: Zero discrimination. At most, I sometimes felt a disbelief in my abilities, although it rapidly dissipated. After a while, the only thing I felt was that all the people I worked with wanted to be part of my team, even though I was a really rigorous, demanding, and harsh prosecutor with my team.
Zero political or any other external pressure. The only kind of pressure I felt was from getting things done and doing them right. I had a great amount of work and little time to do it in.
Lawyr.it: To what extent do you think that you have to have a calling for being a judge?
E.V.B.: I think you most certainly have to have a calling to be a good judge. The issue is that there is no way you can tell you are meant to do this unless you actually do it. Only then will you be able to assess whether you are ready or not. A magistrate who does not feel like this is their calling becomes a mere clerk. Every case one judges, one party will lose, so they will be unhappy. The purpose of the judge is to justify their decision in order to make the party who lost understand the reason why they lost.
Lawyr.it: Speaking of which, what made you trade robes?
E.V.B.: The truth is that during my time as a prosecutor I have done a multitude of things. I built beautiful case files and worked with passion. However, after 18 years of doing one thing, anyone can wish to start doing something else. Working as a judge seemed a natural favourable step forward in my career. I never regretted my choice. I go to the office with pleasure; I enter the court with joy. It is a great thing to enjoy your work after being a part of the judicial system for so long. I feel like I have gained new energy!
Lawyr.it: Which one of the two professions do you find most difficult and why? How do they compare in terms of workload and responsibilities?
E.V.B.: I have been a judge for only four months now, so my assessment may be slightly skewed after eighteen years as a prosecutor. Yet in this short time I managed to form the opinion that a prosecutor’s workload and need for action according to the specific of their activity makes their work slightly more consuming. I am referring to the investigating prosecutors, because there are those who only argue cases in court. Their work is difficult too but somehow comparable to the volume of work of lawyers and judges.
On the other hand, the responsibility you have as a judge cannot be compared to the one you have as a prosecutor. For instance, as a prosecutor, I went before the judge with an arrest proposal to arrest, arguing for it unreservedly. Now, as a judge, I fully understand and feel the responsibility of each measure taken, because beyond the papers, there are real people, and what I decide can greatly influence their lives.
Lawyr.it: After being the accuser as the prosecutor for all those years, do you feel your impartiality affected as a judge? Or rather, do you think this previous experience gives you an advantage in the position of judge?
E.V.B.: I do not feel any less impartial and I hope that is visible from the outside as well, and my previous experience is definitely a perk. The benefit is clear: I understand and see things easier. The experience gained from years of investigation and prosecution, however we put it, can only be useful. It did not deform my thinking process and I do not always see guilty people around me. On the contrary, I am very eager to see the evidence, to hear the defences and so on. The judicial duel is very beautiful, and now that I see it before me, rather than taking part in it, it is a lot more interesting. And although I previously thought no matter what I argued in court, the judge’s ruling is solely based on his opinion, now I realise how wrong I was. I cannot wait to hear all the arguments of both sides, and to form my opinion based on them.
Lawyr.it: In a recent NAD review it was shown that the Romanian Government managed to recover only 10% of the damages caused by corruption crimes. Do you think that we need a specialised law enforcement agency that focuses on recovering illegally acquired assets?
E.V.B.: In short, yes. For criminal instruction to be efficient and have final on this very important issue, we need more legal instruments than the current legislation offers. You cannot ask for prosecutors to accurately and procedurally correct prove facts and at the same time to look for money, accounts, and assets hidden by the criminals in...Madagascar. Therefore, I believe we need a small, supple, dynamic, and efficient institution with clear duties and powers, made up of professionals. I think we should follow the Dutch model, their institution called BOOM (Bureau Ontnemingswetgeving Openbaar Ministerie) being quite efficient in this area.
Lawyr.it: And lastly, our trademark question: any advice for law students?
E.V.B.: Beyond the classic advice to study thoroughly, I would recommend them to take advantage of the free time on their hands and to apply to apply to as many internships as they can. Work at law firms, get familiar with the Palace of Justice, and assist cases throughout their entire course, from the registry, archive, the actual debates in the courtrooms, to the enforcement of the judgement. All the steps are important and none should be skipped. Such an experience will help them in deciding on their future careers. In addition, the current educational system provides so many opportunities to broaden their horizon, and students should not leave any of them to fly past them. You always have to want more, and always ask yourself for more!
This interview was originally published in the eighth issue of the magazine, which can be accessed here.
