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

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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

The activist who poured a bucket of milk over the head of Minister of Finance Octavian Armasu, sentenced to one year in prison

Activist Andrei Donica, who, two years ago, poured a bucket of milk over Finance Minister Octavian Armasu, was sentenced to one year in prison with suspension.

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On September 30, 2016, Finance Minister Octavian Armaşu was splashed with milk by a protester (Andrei Donica), right in front of the Government. Andrei Donica accused the official of promoting the “bill of billions by which citizens were reimbursed for state guarantees issued for devalued banks.”

The protester believes that the judge violated his rights because the sentence was delivered to him in his absence, the document having been received by post, after the term of appeal had expired at the Court of Appeal.

“It was a protest action, I did not hit him, I did not call him names.”

TV8 writes that although Donica was recently convicted, the young man does not regret his action, but would do it more ingeniously if he could go back in time.

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Justice

The Democratic Party advocates amending the Constitution so that judges are elected by the people. President Dodon “will not” sign the project

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The announcement was made today by PDM chairman Vlad Plahotniuc during a briefing of the party. The legislative proposal is due to be registered in the Parliament over the next few days.

“Reforms in the field of justice were meant to strengthen the independence of justice, to make judges work for people, as is the case with countries with advanced democracies,” Vlad Plahotniuc said.

However, the political spectacle goes on. Today, President Igor Dodon announced that he will not sign the Democratic Party’s draft constitutional amendment by introducing the phrase “European integration.”

“It is not right that the ideological visions of a party are introduced into the Constitution. […] What kind of pro-Moldova approach is this? The parliamentary elections will be the ones to show who and what citizens want, and that the Constitution should not be amended now, in a hurry, without broad social consensus and at the end of a political mandate,” the head of the state declared.

It should be noted that a month ago, the Democratic Party of Moldova announced that it will become more clear, starting with the next period, as a “pro-Moldova” party, acting “for all Moldovans”, focusing on solving people’s problems.

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Justice

The Constitutional Court has decided that citizens have the right to initiate legislative referendums

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Today, the Constitutional Court of the Republic of Moldova (CCM) has decided that, according to the law, citizens have the right to initiate legislative referendums. This happened after a group of PLDM deputies asked for the Constitution to be interpreted on this subject.

The Court found that the right to initiate a legislative referendum by citizens stems even from the provisions of the Electoral Code, which already establishes two rules regarding the initiation of the Republican referendum by citizens.

The Court regarded that, although citizens have the right to initiate a legislative referendum, the legal framework contains several omissions regarding the procedure for initiating this type of referendum, including the formal and material validity of the texts submitted to the referendum.

A press release states that, having regard to the provisions of Article 72 (3) lit. b) of the Constitution, the Court emphasized that it is up to Parliament to regulate clearly the procedure for the initiation of referendums by citizens.

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