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Minister Tănase says 2011-2016 justice reform failed, announces reforms in the system

Source: EPA

30 January 2018- The new Justice Minister, Alexandru Tănase, announced new directions for the judicial system reform in Moldova. Tănase believes that the reform from the period of 2011-2016 failed to be implemented.

Some proposals or directions were listed by Agora.md, quoting Tănase:

  • revision of appeal ways- the Minister says the Supreme Court of Justice concentrates too much competence, compared to other two judicial levels;
  • redrawing the role of the Supreme Court of Justice- limiting the number of judges, resizing it to a Cassation Court;
  • examining the decisions of the Supreme Court by judicial control;
  • eliminating the temporary judges meant for preventive arrests, instituting judges for rights and liberties;
  • reducing the number of penal sentences- making the Supreme Court trials public and open for the condemned persons;
  • reforming the geographical distribution of cases in courts- Chișinău Appeal Court allegedly approx. 45%;
  • planning a proper budget for the judicial system;
  • improving the autonomy of the Judiciary Inspection;
  • transparent repartition of cases;
  • ensuring the audio recording of trials;
  • improving the autonomy of the Supreme Council of Magistrates in forming its own budget;
  • consolidating the role of the Council in the procedures of appointing and firing judges- limiting the role of the Prosecutor General, Justice Minister;
  • attempting to eliminate the unjustified delays in examining the cases;
  • revising the mediation tool in the judicial system.

Tănase told the press that his Ministry did not consult the Parliamentary parties, but he seemed sure the proposals would get support in the Moldovan legislative body. Moreover, he thinks that the Parliament would adopt some of the proposed modifications until the end of the spring session, and others in the following years.

On 11 October 2017, the European Union announced the decision not to transfer any funds to the budgetary support for justice reforms in Moldova because of observed inefficient use of funds during 2014 and 2015, but also little commitment to delivering real reforms. Thus, the 28 million euros for 2017 were not transferred to the Moldovan Government.

Currently studying International Relations at the University of Pécs, Hungary. Study focus: Transnistrian conflict settlement, Moldovan statehood, Moldovan democracy. Inquiries at [email protected]

Justice

Justice Minister: Moldova has an inter-state conflict with Russia on the control of Transnistria

12 April 2018- The Justice Minister of Moldova, Victoria Iftodi, has participated at the Ministerial Conference in Denmark where more than 20 Justice Ministers adopted the Copenhagen Declaration. The latter voices the concerns of the overload of cases over at the European Court of Human Rights (ECtHR) and proposes recommendations.

Iftodi reportedly motivated that the overload of the ECtHR shows the necessity to reform the national system of justice and its performance in the remedy of human rights violations. The Justice Minister emphasized the need to ensure the universality of the human rights to an equal extent in the inter-state areas:

“The Republic of Moldova is confronted with a situation of inter-state conflict with the Russian Federation. As the European Court of Human Rights repeatedly stated, the Republic of Moldova does not exercise an effective control in the occupied territories. Appealing to the ECtHR remains to be the sole efficient method of remedy of the violations of fundamental rights of residents of those territories”, declared Iftodi.

The European Convention for Human Rights entered into force on 12 September 1997 in Moldova.

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Justice

Former MP Chiril Lucinschi condemned to 5 years and a half of prison for money laundering

4 April 2018- The Court of Chișinău (Buiucani) condemned Chiril Lucinschi, former MP, and son of second President of Moldova Petru Lucinschi, to 5 years and a half of imprisonment. The sentence is also accompanied by a penalty fee of 27500 Lei for false declarations, and a ban of 4 years on occupying public positions.

According to the Anticorruption Prosecution Office of Moldova, half of Lucinschi’s two lands, his house, and 23 thousand euros were confiscated within the case.

“There is a feeling that the sentence was written in a place other than court. This sentence is illegal. We showed all proof destroying the accusations”, said the ex-MP after the court session, quoted by Newsmaker.

Lucinschi will be out of domicile arrest but under judiciary control until the final sentence is made public. Prosecutor Eugen Rurac did not indicate if he would appeal the decision, while Lucinschi’s lawyers said that they would contest the sentence and the 10 months long house arrest of their client at the ECtHR.

God forbid if you end up in court and have to face the Moldovan justice. I am sorry about the law students: they learn one thing and have to face another one. From the very beginning, the proof presented by the prosecution was illegal and the court should not have received it”lawyer Corina Stratan told Newsmaker.

Ex-MP Chiril Lucinschi risks up to 10 years of imprisonment for money laundering

Chiril Lucinschi was arrested by the Anti-Corruption Center and the Anti-Corruption Prosecution Office on May 25th. Lucinschi is accused, together with three representatives of a company, of money laundering from Banca de Economii (BEM), Banca Socială and Unibank.

Chiril Lucinschi, son of the second President of the independent Moldova Petru Lucinschi, has been a Liberal-Democrat deputy since December 2010. He left the Parliament in February 2017 and ceded 75% of shares at TV7 to an association of journalists.

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Justice

Mihai Poalelungi was appointed the judge of the Constitutional Court

Mihai Poalelungi, the only registered candidate for the position, was appointed as the judge of the Constitutional Court of the Republic of Moldova. His candidacy has been approved by the Superior Council of Magistrates.

The position of the judge at the Constitutional Court became vacant after Tudor Panţîru resigned as president and judge in January due to personal reasons.

The Constitutional Court has six judges that are appointed by the Parliament, the Government, and the Superior Council of Magistracy. They may hold office for two terms.

The former head of Moldova’s Supreme Court, Mihai Poalelungi has previously told Ziarul de Garda that he wants to “make better constitutional justice in Moldova”:

 “There is a close link between the subject of my practical work in Strasbourg and the area of constitutional law, and I believe that I will positively contribute to the achievement of a better constitutional justice in Moldova under my appointment to this position”, the magistrate said.

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