[1] She was born in Sinaia,[1] and, following secondary studies at the town's George Enescu High School,[2] in 1983 she graduated from the Law Faculty of the University of Bucharest.

From 1998 to 2001, Nicolai was president of the Economic and Social Council,[3] a public institution that facilitates dialogue between employers, unions and the government;[4] and was a secretary of state at the Labour Ministry from 1997 to 2000.

[6] During Tăriceanu's time in office from 2004, her name was floated for the Justice, Interior and Defence portfolios, but she was only offered the Labour Ministry when his second cabinet was formed, a nomination she declined.

Upon being nominated, she vowed to increase the independence of the judiciary and improve its image, to push a new penal code through Parliament (the last one dating to 1969),[3] and to fight corruption.

President Traian Băsescu began by asking Tăriceanu to withdraw Nicolai, claiming the negative image she had acquired as senator,[7] in particular through the affair involving her niece,[8] would not be conducive to increased public trust in the judiciary.

[7] Băsescu then declared he would never name Nicolai as Justice Minister, and his office released documents relating to two procedural errors it said she had committed while a prosecutor in Olteniţa.

[10][11][12] Nicolai further opined that the document release was reminiscent of the methods of the Securitate secret police; the PNL's UDMR government partners also weighed in on the prime minister's side, as did the opposition PSD.