{"id":447934,"date":"2020-01-23T06:27:25","date_gmt":"2020-01-23T06:27:25","guid":{"rendered":"http:\/\/www.moldova.org\/en\/?p=447934"},"modified":"2020-01-23T06:34:13","modified_gmt":"2020-01-23T06:34:13","slug":"secretary-general-of-the-coe-the-perception-of-corruption-in-moldova-remains-high-including-in-respect-of-the-judiciary","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/secretary-general-of-the-coe-the-perception-of-corruption-in-moldova-remains-high-including-in-respect-of-the-judiciary\/","title":{"rendered":"Secretary General of the CoE: “The perception of corruption in Moldova remains high, including in respect of the judiciary.”"},"content":{"rendered":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

After an working group created by the\u00a0Council of Europe (CoE)<\/strong>\u00a0paid a visit<\/a> to Chi\u0219in\u0103u, between December 20-21, for offering assistance regarding the implementation of judicial reform in Moldova, the Secretary General of the Council of Europe, Marija Pej\u010dinovi\u0107 Buri\u0107<\/strong>, issued an official statement<\/a>, stressing the fact that the judicial reform must reflect the country’s obligations as a member of the Council of Europe.<\/p>\n

The Council of Europe delegation had meetings with the Prime Minister, the Minister of Foreign Affairs, the Minister of Justice, the Speaker of Parliament, the Parliamentary Legal Committee on Appointments and Immunities, the Constitutional Court, the Prosecutor General, the Superior Councils of the Magistracy and of Prosecutors, the National Institute of Justice, serving judges – including from the Supreme Court –\u00a0 and civil society organisations. The conclusions drawn after all the meetings were transmitted to the Secretary General, who stated the following:<\/p>\n

“Our experts concluded that a clear strategic concept for the desired changes should be drawn up as the basis for the work to follow, including at the legislative level. This concept should have the active support of all stakeholders and reflect the country\u2019s obligations as a Council of Europe member State.\u00a0 The concept should provide a proper strategic vision for the planned reforms and be based on a thorough needs assessment justifying and explaining the legislative and policy initiatives that are to follow. The institutions concerned will have to work together constructively and without haste to achieve these important goals.<\/em><\/p>\n

According to our experts, the perception of corruption unfortunately remains high, including in respect of the judiciary. Measures should be taken to implement GRECO recommendations on preventing corruption with regard to judges and prosecutors, notably to prevent the appointment and promotion to judicial positions of candidates with integrity risks.<\/em><\/p>\n

More broadly, the effectiveness of the anti-corruption framework should be strengthened and the independence and capacity of the main institutions in charge of preventing and fighting corruption should be guaranteed.<\/em><\/p>\n

All reform measures must respect the Constitution and any elements of the reform that are not in accordance with the Constitution should be preceded by a constitutional amendment, itself in line with European standards. The Republic of Moldova should implement the recommendations set out in the Opinions of the Venice Commission when it comes to the role and mandate of the Superior Council of Magistracy and steps to renew the judiciary or ensure its integrity. It is important to ensure that all actions are appropriate and proportionate to the aim, and to clearly distinguish between matters that relate to the integrity of judges and those that relate to their competence.<\/em><\/p>\n

Before considering any large-scale evaluation, full use should be made of the\u00a0procedures that are already available\u00a0for ensuring the integrity of the judiciary,\u00a0notably criminal and\/or\u00a0disciplinary proceedings in cases of specific misconduct including corruption and effectively enforcing an asset declaration scheme.<\/em><\/p>\n

Article 6 of the European Convention on Human Rights and the case law of the European Court of Human Rights (ECtHR) provide a binding framework as regards removals, assessments and transfers of judges.\u00a0A general re-evaluation exercise for judges and prosecutors is likely to lead to numerous applications before the ECtHR by those who have been dismissed or transferred as well as disrupting the functioning of the judicial system. The Ad Hoc Working Group therefore recommends utmost caution before considering any such initiatives,”<\/em> is mentioned in the statement.<\/p>\n

The CoE working group recommended that the Moldovan authorities work proactively to ensure the widest possible consensus for all reform measures as well as the involvement and endorsement of the institutions and professional groups concerned.\u00a0The CoE representatives\u00a0 expressed their readiness to continue the work with the authorities in order to ensure the independence, integrity and professionalism of the judiciary, the Secretary General statement announced.<\/p>\n

\n

Also today, the members of the Cabinet of Ministers<\/strong>\u00a0approved the bill regarding the amendment of the Constitution of the Republic of Moldova<\/span><\/a>, in aspects related to the activity of judges, the Superior Council of Magistracy and provisions that would allow the president of the country to directly appoint judges.<\/p>\n

A first bill’s provision refers to the exclusion of the initial term of five years of judges’ appointment, as a probationary period<\/span>. Currently, judges are initially appointed for a period of five years. Only if they carry out their activity properly during this period, the judges are appointed until the age of 65 is reached.<\/p>\n

Another amendment that is intended to be introduced is the formula according to which the judges from the Supreme Court would be appointed by the president of the country<\/span>, at the proposal of the Superior Council of Magistracy (SCM), the president having the right to refuse the SCM candidatures only once. Currently, the judges from the Supreme Court are appointed by the Parliament.<\/p>\n

Also, the Government proposed to supplement the Constitution with a new article that would stipulate that the Superior Council of Magistracy is the guarantor of the independence of the judicial authority.<\/span><\/p>\n

Another provision concerns the composition of the SCM, as it is proposed that half of the SCM members should be judges and all institution’s members should be elected for a period of 6 years<\/span>, instead of 4 years as it is now.<\/p>\n

The bill lastly contains amendments of Constitution in terms of regulating the functional immunity of judges<\/span>, that would benefit from functional immunity only while performing their direct job tasks. Therefore,\u00a0passive corruption, abuse of power, bribery, and similar misconducts wouldn’t be considered as acts committed within the legal exercise of their functions.<\/p>\n

Photo: coe.int<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>After an working group created by the\u00a0Council of Europe (CoE)\u00a0paid a visit to Chi\u0219in\u0103u, between December 20-21, for offering assistance regarding the implementation of judicial reform in Moldova, the Secretary General of the Council of Europe, Marija Pej\u010dinovi\u0107 Buri\u0107, issued an official statement, stressing the fact that the judicial reform must reflect the country’s obligations […]<\/p>\n","protected":false},"author":31,"featured_media":447935,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,3,4],"tags":[115,495,80,35,546,472,27,233],"class_list":["post-447934","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-politics","category-society","tag-corruption","tag-council-of-europe","tag-government","tag-important","tag-judicial-reform","tag-judiciary","tag-moldova","tag-parliament"],"content_social_share":"Reading Time: <\/span> 4<\/span> minutes<\/span><\/span>

After an working group created by the\u00a0Council of Europe (CoE)<\/strong>\u00a0paid a visit<\/a> to Chi\u0219in\u0103u, between December 20-21, for offering assistance regarding the implementation of judicial reform in Moldova, the Secretary General of the Council of Europe, Marija Pej\u010dinovi\u0107 Buri\u0107<\/strong>, issued an official statement<\/a>, stressing the fact that the judicial reform must reflect the country’s obligations as a member of the Council of Europe.<\/p>\n

The Council of Europe delegation had meetings with the Prime Minister, the Minister of Foreign Affairs, the Minister of Justice, the Speaker of Parliament, the Parliamentary Legal Committee on Appointments and Immunities, the Constitutional Court, the Prosecutor General, the Superior Councils of the Magistracy and of Prosecutors, the National Institute of Justice, serving judges – including from the Supreme Court –\u00a0 and civil society organisations. The conclusions drawn after all the meetings were transmitted to the Secretary General, who stated the following:<\/p>\n

“Our experts concluded that a clear strategic concept for the desired changes should be drawn up as the basis for the work to follow, including at the legislative level. This concept should have the active support of all stakeholders and reflect the country\u2019s obligations as a Council of Europe member State.\u00a0 The concept should provide a proper strategic vision for the planned reforms and be based on a thorough needs assessment justifying and explaining the legislative and policy initiatives that are to follow. The institutions concerned will have to work together constructively and without haste to achieve these important goals.<\/em><\/p>\n

According to our experts, the perception of corruption unfortunately remains high, including in respect of the judiciary. Measures should be taken to implement GRECO recommendations on preventing corruption with regard to judges and prosecutors, notably to prevent the appointment and promotion to judicial positions of candidates with integrity risks.<\/em><\/p>\n

More broadly, the effectiveness of the anti-corruption framework should be strengthened and the independence and capacity of the main institutions in charge of preventing and fighting corruption should be guaranteed.<\/em><\/p>\n

All reform measures must respect the Constitution and any elements of the reform that are not in accordance with the Constitution should be preceded by a constitutional amendment, itself in line with European standards. The Republic of Moldova should implement the recommendations set out in the Opinions of the Venice Commission when it comes to the role and mandate of the Superior Council of Magistracy and steps to renew the judiciary or ensure its integrity. It is important to ensure that all actions are appropriate and proportionate to the aim, and to clearly distinguish between matters that relate to the integrity of judges and those that relate to their competence.<\/em><\/p>\n

Before considering any large-scale evaluation, full use should be made of the\u00a0procedures that are already available\u00a0for ensuring the integrity of the judiciary,\u00a0notably criminal and\/or\u00a0disciplinary proceedings in cases of specific misconduct including corruption and effectively enforcing an asset declaration scheme.<\/em><\/p>\n

Article 6 of the European Convention on Human Rights and the case law of the European Court of Human Rights (ECtHR) provide a binding framework as regards removals, assessments and transfers of judges.\u00a0A general re-evaluation exercise for judges and prosecutors is likely to lead to numerous applications before the ECtHR by those who have been dismissed or transferred as well as disrupting the functioning of the judicial system. The Ad Hoc Working Group therefore recommends utmost caution before considering any such initiatives,”<\/em> is mentioned in the statement.<\/p>\n

The CoE working group recommended that the Moldovan authorities work proactively to ensure the widest possible consensus for all reform measures as well as the involvement and endorsement of the institutions and professional groups concerned.\u00a0The CoE representatives\u00a0 expressed their readiness to continue the work with the authorities in order to ensure the independence, integrity and professionalism of the judiciary, the Secretary General statement announced.<\/p>\n

\n

Also today, the members of the Cabinet of Ministers<\/strong>\u00a0approved the bill regarding the amendment of the Constitution of the Republic of Moldova<\/span><\/a>, in aspects related to the activity of judges, the Superior Council of Magistracy and provisions that would allow the president of the country to directly appoint judges.<\/p>\n

A first bill’s provision refers to the exclusion of the initial term of five years of judges’ appointment, as a probationary period<\/span>. Currently, judges are initially appointed for a period of five years. Only if they carry out their activity properly during this period, the judges are appointed until the age of 65 is reached.<\/p>\n

Another amendment that is intended to be introduced is the formula according to which the judges from the Supreme Court would be appointed by the president of the country<\/span>, at the proposal of the Superior Council of Magistracy (SCM), the president having the right to refuse the SCM candidatures only once. Currently, the judges from the Supreme Court are appointed by the Parliament.<\/p>\n

Also, the Government proposed to supplement the Constitution with a new article that would stipulate that the Superior Council of Magistracy is the guarantor of the independence of the judicial authority.<\/span><\/p>\n

Another provision concerns the composition of the SCM, as it is proposed that half of the SCM members should be judges and all institution’s members should be elected for a period of 6 years<\/span>, instead of 4 years as it is now.<\/p>\n

The bill lastly contains amendments of Constitution in terms of regulating the functional immunity of judges<\/span>, that would benefit from functional immunity only while performing their direct job tasks. Therefore,\u00a0passive corruption, abuse of power, bribery, and similar misconducts wouldn’t be considered as acts committed within the legal exercise of their functions.<\/p>\n

Photo: coe.int<\/p>\n

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