{"id":447967,"date":"2020-02-02T13:05:11","date_gmt":"2020-02-02T13:05:11","guid":{"rendered":"http:\/\/www.moldova.org\/en\/?p=447967"},"modified":"2020-02-02T13:10:57","modified_gmt":"2020-02-02T13:10:57","slug":"is-the-judicial-reform-in-moldova-controversial-facts-and-experts-opinions","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/is-the-judicial-reform-in-moldova-controversial-facts-and-experts-opinions\/","title":{"rendered":"Is the judicial reform in Moldova controversial? Facts and experts’ opinions"},"content":{"rendered":"Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>

Often when talking about a judicial reform one can refer to improving the law, establishing a stronger judicial independence of prosecution, changes to the appointment procedure, establishing mandatory retirement age for judges or enhancing supervision over the activities in the area.<\/p>\n

That is the case for the Republic of Moldova as well. But is it actually happening or is implemented only on paper? What is the hidden part of the iceberg when it comes to the Moldovan judiciary? Below are some events that happened lately:<\/p>\n

Controllers with integrity problems<\/h3>\n

In December 2019, Prosecutor General, Alexandr Stoianoglo<\/strong>, signed an order to carry out controls at the Anti-corruption Prosecutor’s Office and the Prosecutor’s Office for Combating Organised Crime and Special Cases. Most of the 21 state prosecutors, appointed by the Prosecutor General, to verify the activity of the Prosecutors’ Offices have been found to have problems of integrity themselves in the last four years. Some of the controllers are even related or have common interests in the assigned controlled cases, wrote an investigation<\/a> made by the anticoruptie.md portal.<\/p>\n

The cases filed against the controllers at the Prosecutors’ Offices are related to offering or taking bribes, illicit enrichment, illegal transfers and influence peddling.<\/span><\/p>\n

Vitalie Zam\u0103<\/strong>, a lawyer representing the Association of Jurists for Human Rights, argues that prosecutors who have even a small connection with a filed case are forced to refrain from carrying out the control. “It is inadmissible for someone involved in a criminal case to have access to it,”<\/em> he said.<\/p>\n

Lilia Carasciuc<\/strong>, president of Transparency International Moldova, mentioned that if there are suspicions of conflict of interest or integrity issues regarding a prosecutor, he must be removed from such controls. “These prosecutors must have an immaculate reputation. Unfortunately, one almost can’t find such prosecutors in our country. In this case, it seems that the wolf was let to guard the sheep, but at least the most correct prosecutors had to be chosen to carry out the control,\u201d<\/em> Carasciuc declared as being cited by anticoruptie.md.<\/p>\n

The former head of the\u00a0Anti-corruption Prosecutor\u2019s Office is still under arrest<\/h3>\n

Viorel Morari<\/strong>, former head of the Anti-corruption Prosecutor\u2019s Office, was detained on January 10. A criminal case related to\u00a0forgery of administrative documents and abuse of power<\/span>\u00a0was filed against him on December 26. Viorel Morari is suspected that, in March 2017, he received from Vladimir Plahotniuc a complaint that was registered against the legal requirements, filing a criminal case and subsequently criminal prosecution, and falsifying several procedural documents within the criminal case.<\/p>\n

On January 29, the Chi\u0219in\u0103u District Court decided to extend the Morari’s preventive arrest by 20 days, until February 19.<\/p>\n

Viorel Morari requested that his case would be sent to the court as soon as possible in order to have the opportunity to prove his innocence, according to the declarations<\/a> of his lawyer.<\/p>\n

Morari was removed from office, at the beginning of December, during an internal control of prosecutors initiated by the new Prosecutor General\u00a0Alexandru Stoianoglo<\/strong>. The decision to perform the controls was issued after Viorel Morari\u2019s announcement of resuming the investigation into the Russian financing of the Party of Socialists of the Republic of Moldova.<\/span><\/p>\n

Victor Munteanu<\/strong>, the department director at the Soros Moldova Foundation stated: “I see in this scandal [ referring to the previously mentioned integrity problems of prosecutors]\u00a0the Stoianoglo’s attempt to centralise all the power of the institution. I suppose this is not done without political support. An argument would be that the control at the Anticorruption Prosecutor’s Office began after Morari announced about the resumption of the criminal prosecution regarding the financing of the Party of Socialists.”<\/em><\/p>\n

The opinion of\u00a0the Venice Commission<\/h3>\n

In the opinion<\/a> on\u00a0the Draft Law on Amending the Law on\u00a0Superior Council of Magistracy, published on January 22, the Venice Commission welcomed the proposal to increase the members of the Superior Council of Magistracy (SCM) from 12 to 15, as well as the fact that its composition will also be represented by lower courts.<\/span><\/span> “<\/span>The proposal to increase the number of the members of the SCM from twelve to fifteen may be positive as the functions of the Council concerning evaluation, management, discipline and accountability of judges can be qualitatively strengthened with a broader and more representative composition,”<\/em> is stated in the opinion report.<\/p>\n

It\u00a0also noted that Parliament is welcomed to appoint the five members of the SCM, with the vote of the majority of elected members, and a stronger majority should include the opposition, which should be also considered in the context of preparing constitutional changes.\u00a0“The election of non-judge members by Parliament with the vote of the \u201cmajority of the elected\u00a0deputies\u201d, assuming that it is constitutional, is welcome, as a positive step towards a larger\u00a0support of the candidates by Parliament. A stronger majority would be more appropriate because\u00a0it would involve the opposition too: this should at any rate be examined in the context of the\u00a0constitutional reform in preparation.” <\/em>On the other hand, the Venice Commission recommended the Moldovan authorities to consider other solutions, such as\u00a0vesting outside bodies that are not under government control (the law faculties that could propose candidates or establishing an independent, non-political commission in this regard).<\/p>\n

However, the Commission stated that it is regrettable that the Parliament of the Republic of Moldova did not wait for the present opinion before the adoption at the second and final reading of the draft law<\/span> amending Law no. 947\/1996 on SCM\u00a0on 20 December 2019, nor before submitting it to the President for promulgation.<\/p>\n

The next day, the members of the\u00a0Cabinet of Ministers<\/strong>\u00a0approved the\u00a0bill regarding the amendment of the Constitution of the Republic of Moldova<\/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. More details here<\/a>.<\/p>\n

The\u00a0CoE working group’s recommendation<\/h3>\n

The experts of the Council of Europe recommended<\/a> to the Government of the Republic of Moldova, during an official visit in January 2019, to ensure\u00a0a real process of public discussions of the draft law\u00a0on the evaluation of judges\u00a0<\/span>with all the interested parties, including the judiciary and civil society representatives. Only afterwards, the project can be\u00a0submitted to the Venice Commission for expertise.<\/p>\n

The CoE representatives mentioned that it would be unacceptable to speed up the drafting process only to be able to submit it for examination to the\u00a0Venice Commission<\/strong>\u00a0during the March plenary session. It was recommended\u00a0to submit the draft law on the evaluation of judges rather at the June 2020 plenary session.<\/span><\/p>\n

Report on justice<\/h3>\n

In 2018, Moldova allocated for judiciary EUR 14.3 per inhabitant, that was 4.5 times smaller than the Council of Europe (CoE) average, as it was reported<\/a> by the Legal Resources Centre from Moldova. The budget allocated for justice (courts, legal aid and prosecutor\u2019s office) accounted for 1.3% of the entire public expenditures<\/span>.<\/p>\n

Moldova still remains among the countries with the lowest salaries for judges and prosecutors.\u00a0In 2018, the entry-level salary paid to Moldovan judges and prosecutors was five times smaller than the CoE average.<\/p>\n

Also, the same report concluded that Moldovans go to court considerably less frequently than the CoE average, when considering the number of registered commercial, administrative and criminal cases per 100 inhabitants.<\/p>\n

In Moldova, the examination of a case lasts 259 days on average, as compared to the CoE average, which is 735 days. Moldova is one of the countries with the fastest justice system, that meaning a\u00a0lower quality of justice, as confirmed by numerous cases lost by Moldova<\/a> at the
\nEuropean Court of Human Rights.<\/p>\n

Photo:\u00a0Shutterstock\/image<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>Often when talking about a judicial reform one can refer to improving the law, establishing a stronger judicial independence of prosecution, changes to the appointment procedure, establishing mandatory retirement age for judges or enhancing supervision over the activities in the area. That is the case for the Republic of Moldova as well. But is it […]<\/p>\n","protected":false},"author":31,"featured_media":447972,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,4,56],"tags":[495,565,35,472,564,162,27,566,528,497],"class_list":["post-447967","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-society","category-reportaje","tag-council-of-europe","tag-draft-law","tag-important","tag-judiciary","tag-judidical","tag-justice","tag-moldova","tag-prosecutors","tag-reform","tag-venice-commission"],"content_social_share":"Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>

Often when talking about a judicial reform one can refer to improving the law, establishing a stronger judicial independence of prosecution, changes to the appointment procedure, establishing mandatory retirement age for judges or enhancing supervision over the activities in the area.<\/p>\n

That is the case for the Republic of Moldova as well. But is it actually happening or is implemented only on paper? What is the hidden part of the iceberg when it comes to the Moldovan judiciary? Below are some events that happened lately:<\/p>\n

Controllers with integrity problems<\/h3>\n

In December 2019, Prosecutor General, Alexandr Stoianoglo<\/strong>, signed an order to carry out controls at the Anti-corruption Prosecutor’s Office and the Prosecutor’s Office for Combating Organised Crime and Special Cases. Most of the 21 state prosecutors, appointed by the Prosecutor General, to verify the activity of the Prosecutors’ Offices have been found to have problems of integrity themselves in the last four years. Some of the controllers are even related or have common interests in the assigned controlled cases, wrote an investigation<\/a> made by the anticoruptie.md portal.<\/p>\n

The cases filed against the controllers at the Prosecutors’ Offices are related to offering or taking bribes, illicit enrichment, illegal transfers and influence peddling.<\/span><\/p>\n

Vitalie Zam\u0103<\/strong>, a lawyer representing the Association of Jurists for Human Rights, argues that prosecutors who have even a small connection with a filed case are forced to refrain from carrying out the control. “It is inadmissible for someone involved in a criminal case to have access to it,”<\/em> he said.<\/p>\n

Lilia Carasciuc<\/strong>, president of Transparency International Moldova, mentioned that if there are suspicions of conflict of interest or integrity issues regarding a prosecutor, he must be removed from such controls. “These prosecutors must have an immaculate reputation. Unfortunately, one almost can’t find such prosecutors in our country. In this case, it seems that the wolf was let to guard the sheep, but at least the most correct prosecutors had to be chosen to carry out the control,\u201d<\/em> Carasciuc declared as being cited by anticoruptie.md.<\/p>\n

The former head of the\u00a0Anti-corruption Prosecutor\u2019s Office is still under arrest<\/h3>\n

Viorel Morari<\/strong>, former head of the Anti-corruption Prosecutor\u2019s Office, was detained on January 10. A criminal case related to\u00a0forgery of administrative documents and abuse of power<\/span>\u00a0was filed against him on December 26. Viorel Morari is suspected that, in March 2017, he received from Vladimir Plahotniuc a complaint that was registered against the legal requirements, filing a criminal case and subsequently criminal prosecution, and falsifying several procedural documents within the criminal case.<\/p>\n

On January 29, the Chi\u0219in\u0103u District Court decided to extend the Morari’s preventive arrest by 20 days, until February 19.<\/p>\n

Viorel Morari requested that his case would be sent to the court as soon as possible in order to have the opportunity to prove his innocence, according to the declarations<\/a> of his lawyer.<\/p>\n

Morari was removed from office, at the beginning of December, during an internal control of prosecutors initiated by the new Prosecutor General\u00a0Alexandru Stoianoglo<\/strong>. The decision to perform the controls was issued after Viorel Morari\u2019s announcement of resuming the investigation into the Russian financing of the Party of Socialists of the Republic of Moldova.<\/span><\/p>\n

Victor Munteanu<\/strong>, the department director at the Soros Moldova Foundation stated: “I see in this scandal [ referring to the previously mentioned integrity problems of prosecutors]\u00a0the Stoianoglo’s attempt to centralise all the power of the institution. I suppose this is not done without political support. An argument would be that the control at the Anticorruption Prosecutor’s Office began after Morari announced about the resumption of the criminal prosecution regarding the financing of the Party of Socialists.”<\/em><\/p>\n

The opinion of\u00a0the Venice Commission<\/h3>\n

In the opinion<\/a> on\u00a0the Draft Law on Amending the Law on\u00a0Superior Council of Magistracy, published on January 22, the Venice Commission welcomed the proposal to increase the members of the Superior Council of Magistracy (SCM) from 12 to 15, as well as the fact that its composition will also be represented by lower courts.<\/span><\/span> “<\/span>The proposal to increase the number of the members of the SCM from twelve to fifteen may be positive as the functions of the Council concerning evaluation, management, discipline and accountability of judges can be qualitatively strengthened with a broader and more representative composition,”<\/em> is stated in the opinion report.<\/p>\n

It\u00a0also noted that Parliament is welcomed to appoint the five members of the SCM, with the vote of the majority of elected members, and a stronger majority should include the opposition, which should be also considered in the context of preparing constitutional changes.\u00a0“The election of non-judge members by Parliament with the vote of the \u201cmajority of the elected\u00a0deputies\u201d, assuming that it is constitutional, is welcome, as a positive step towards a larger\u00a0support of the candidates by Parliament. A stronger majority would be more appropriate because\u00a0it would involve the opposition too: this should at any rate be examined in the context of the\u00a0constitutional reform in preparation.” <\/em>On the other hand, the Venice Commission recommended the Moldovan authorities to consider other solutions, such as\u00a0vesting outside bodies that are not under government control (the law faculties that could propose candidates or establishing an independent, non-political commission in this regard).<\/p>\n

However, the Commission stated that it is regrettable that the Parliament of the Republic of Moldova did not wait for the present opinion before the adoption at the second and final reading of the draft law<\/span> amending Law no. 947\/1996 on SCM\u00a0on 20 December 2019, nor before submitting it to the President for promulgation.<\/p>\n

The next day, the members of the\u00a0Cabinet of Ministers<\/strong>\u00a0approved the\u00a0bill regarding the amendment of the Constitution of the Republic of Moldova<\/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. More details here<\/a>.<\/p>\n

The\u00a0CoE working group’s recommendation<\/h3>\n

The experts of the Council of Europe recommended<\/a> to the Government of the Republic of Moldova, during an official visit in January 2019, to ensure\u00a0a real process of public discussions of the draft law\u00a0on the evaluation of judges\u00a0<\/span>with all the interested parties, including the judiciary and civil society representatives. Only afterwards, the project can be\u00a0submitted to the Venice Commission for expertise.<\/p>\n

The CoE representatives mentioned that it would be unacceptable to speed up the drafting process only to be able to submit it for examination to the\u00a0Venice Commission<\/strong>\u00a0during the March plenary session. It was recommended\u00a0to submit the draft law on the evaluation of judges rather at the June 2020 plenary session.<\/span><\/p>\n

Report on justice<\/h3>\n

In 2018, Moldova allocated for judiciary EUR 14.3 per inhabitant, that was 4.5 times smaller than the Council of Europe (CoE) average, as it was reported<\/a> by the Legal Resources Centre from Moldova. The budget allocated for justice (courts, legal aid and prosecutor\u2019s office) accounted for 1.3% of the entire public expenditures<\/span>.<\/p>\n

Moldova still remains among the countries with the lowest salaries for judges and prosecutors.\u00a0In 2018, the entry-level salary paid to Moldovan judges and prosecutors was five times smaller than the CoE average.<\/p>\n

Also, the same report concluded that Moldovans go to court considerably less frequently than the CoE average, when considering the number of registered commercial, administrative and criminal cases per 100 inhabitants.<\/p>\n

In Moldova, the examination of a case lasts 259 days on average, as compared to the CoE average, which is 735 days. Moldova is one of the countries with the fastest justice system, that meaning a\u00a0lower quality of justice, as confirmed by numerous cases lost by Moldova<\/a> at the
\nEuropean Court of Human Rights.<\/p>\n

Photo:\u00a0Shutterstock\/image<\/p>\n

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