{"id":448051,"date":"2020-02-28T13:18:44","date_gmt":"2020-02-28T13:18:44","guid":{"rendered":"http:\/\/www.moldova.org\/en\/?p=448051"},"modified":"2020-02-28T13:27:55","modified_gmt":"2020-02-28T13:27:55","slug":"the-link-between-moldovas-cases-lost-at-the-ecthr-cut-of-public-funds-for-judiciary-and-chicus-anger","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/the-link-between-moldovas-cases-lost-at-the-ecthr-cut-of-public-funds-for-judiciary-and-chicus-anger\/","title":{"rendered":"The link between Moldova\u2019s cases lost at the ECtHR, cut of public funds for judiciary and Chicu\u2019s anger"},"content":{"rendered":"Reading Time: <\/span> 3<\/span> minutes<\/span><\/span>

The Ministry of Finance blocked the allocations for the judiciary provided from the state budget in a total amount of 70 million lei for a period of 60 days. Therefore, the state budget for 2020 could be adjusted and the funds, as a consequence, could be redirected to another scope. How is it related to the cases lost by Moldova at the European Court of Human Rights (ECtHR), as well as with the Government indignation regarding the total amount of damages to be paid?<\/p>\n

The triggering case at the ECtHR<\/h3>\n

The Government of the Republic of Moldova has to pay damages of\u00a01 515 000<\/strong>\u00a0euros and to return to the plaintiffs the their property in the so-called\u00a0\u201cGemenii\u201d<\/em>\u00a0case. According to\u00a0a Supreme Court of Justice (SCJ) decision from 2005, the owners of the centrally located commercial building were dispossessed of half their properties. By the decision of ECtHR issued on February 18, 2020, a damage of over 1.5 million was established, along with other\u00a02 120 000<\/strong>\u00a0euros the value properties (building and land), if they are not returned,\u00a05000<\/strong>\u00a0euros non-pecuniary damages and\u00a010 000<\/strong>\u00a0euros for costs and expenses.<\/p>\n

All in all, an amount of\u00a03 650 000<\/span>\u00a0euros represents the damages to be paid by the Moldovan state on this case only. For comparison, the Republic of Moldova was\u00a0obliged<\/a>\u00a0to pay over\u00a017.1 million\u00a0euros to the complainants from the country based on all judgements delivered by the Court until December 31, 2019.<\/p>\n

An angry Government and a reverberated judiciary<\/h3>\n

Prime Minister Ion Chicu was outraged that the Government must pay now\u00a0\u201cfor the 15-year-old sins\u201d<\/em>.<\/p>\n

\u201cThere is so much said about the rights and nothing about the accountability of judges. Thus, it\u2019s a power in the state that doesn\u2019t have any responsibility. Only rights and guarantees. I repeat for the corrupt gang in the judiciary: any money paid by Moldova for your illegal decisions will be at your expense.<\/strong> Do not wait that children or elderly will pay for your illegalities. As long as I am a premier, a penny will not be transferred to the ECtHR causes, until we get them from you,\u201d<\/em> harshly\u00a0reacted<\/a>\u00a0Chicu.<\/p>\n

Prime minister called for filing a criminal case against the 5 judges from SCJ who pronounced the sentence and required to withdraw the amount of 70 million lei from the state budget allocated for the judicial system and redirect them to cover the caused damages. The chief executive also demanded that the salaries of employees other than judges\u00a0\u201cshould not be touched\u201d<\/em>.<\/p>\n

On the other hand, the Superior Council of Magistracy (SCM) declared that the statements of the public officials regarding the material responsibility of the judges and of the entire judiciary for the convictions to the ECtHR and the measures to be taken in relation to these judges are contrary to both the legal provisions and the recommendations of the international law institutions.<\/p>\n

Magistrates\u00a0pointed out<\/a>\u00a0that, over the years, it is observed that on the eve of elections, including during the electoral campaign, politicians pay special attention to the social guarantees of judges, which are an integral part of their independence, through different legislative initiatives.<\/p>\n

\u201cThe judiciary pleads for the reform of the judiciary in accordance with democratic principles and does not oppose the judge\u2019s liability under the law for the admitted violations, but will not tolerate a widespread denigration of the judiciary and is determined to defend its guarantees granted by international standards. It is important for the representatives of the governing parties to understand the negative effect of these statements and actions which, besides denigrating the judicial act, can hinder rule of law,\u201d<\/em><\/span>\u00a0the judges\u00a0noted<\/a>\u00a0in an official declaration.<\/p>\n

A third party point of view<\/h4>\n

Alexandru Tanase, former Minister of Justice and former President of the Constitutional Court, argued that the decision to reduce the funding allocated to the judiciary will not affect the magistrates, but the citizens, lawyers, as well as other employees from judiciary who have low salaries.<\/p>\n

\u201cFor an illegality committed by very easily identifiable persons, all citizens will be sanctioned, who will receive worse services by 70 million lei.<\/strong> [\u2026] By the decision to reduce the funding of the justice, in fact, the honest judges who never admitted such illegality will be sanctioned. The clerks, lawyers who will benefit from worse working conditions will be sanctioned. In contrast, those who illegally adopted the review decision will be not affected by the brave decision of the prime minister,\u201d<\/em>\u00a0wrote<\/a>\u00a0Tanase on his Facebook page.<\/p>\n

The president of the Center for Legal Resources and lawyer Vladislav Gribincea\u00a0stated<\/a>\u00a0that in the outstanding case lost by the Republic of Moldova to the ECtHR, a series of violations were committed, not only by the judges from the system.<\/p>\n

\u201cWhat happened to some of the owners of the\u00a0\u201cGemenii\u201d\u00a0building is not only the fault of the judges. It is also the fault of the prosecutors, and the fault of the Ministry of Internal Affairs, because the owners\u2019 propriety was forcibly and abusively deprived and after that the prosecutors closed the criminal case that served as the basis for the eviction from the building,\u201d <\/em>said Gribincea.<\/p>\n

According to Vladislav Gribincea, any funding cuts for this area could be declared unconstitutional, as the 2020 budget for judiciary is around 400 million lei and is composed largely of salaries and other expenses for the administration of the courts.<\/p>\n

Photo:\u00a0Arek Socha|<\/a>\u00a0Pixabay<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 3<\/span> minutes<\/span><\/span>The Ministry of Finance blocked the allocations for the judiciary provided from the state budget in a total amount of 70 million lei for a period of 60 days. Therefore, the state budget for 2020 could be adjusted and the funds, as a consequence, could be redirected to another scope. How is it related to […]<\/p>\n","protected":false},"author":31,"featured_media":448047,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,3,4,56],"tags":[350,617,616,179,80,35,472,162,27,117],"class_list":["post-448051","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-politics","category-society","category-reportaje","tag-court","tag-damage","tag-decision","tag-ecthr","tag-government","tag-important","tag-judiciary","tag-justice","tag-moldova","tag-prime-minister"],"content_social_share":"Reading Time: <\/span> 3<\/span> minutes<\/span><\/span>

The Ministry of Finance blocked the allocations for the judiciary provided from the state budget in a total amount of 70 million lei for a period of 60 days. Therefore, the state budget for 2020 could be adjusted and the funds, as a consequence, could be redirected to another scope. How is it related to the cases lost by Moldova at the European Court of Human Rights (ECtHR), as well as with the Government indignation regarding the total amount of damages to be paid?<\/p>\n

The triggering case at the ECtHR<\/h3>\n

The Government of the Republic of Moldova has to pay damages of\u00a01 515 000<\/strong>\u00a0euros and to return to the plaintiffs the their property in the so-called\u00a0\u201cGemenii\u201d<\/em>\u00a0case. According to\u00a0a Supreme Court of Justice (SCJ) decision from 2005, the owners of the centrally located commercial building were dispossessed of half their properties. By the decision of ECtHR issued on February 18, 2020, a damage of over 1.5 million was established, along with other\u00a02 120 000<\/strong>\u00a0euros the value properties (building and land), if they are not returned,\u00a05000<\/strong>\u00a0euros non-pecuniary damages and\u00a010 000<\/strong>\u00a0euros for costs and expenses.<\/p>\n

All in all, an amount of\u00a03 650 000<\/span>\u00a0euros represents the damages to be paid by the Moldovan state on this case only. For comparison, the Republic of Moldova was\u00a0obliged<\/a>\u00a0to pay over\u00a017.1 million\u00a0euros to the complainants from the country based on all judgements delivered by the Court until December 31, 2019.<\/p>\n

An angry Government and a reverberated judiciary<\/h3>\n

Prime Minister Ion Chicu was outraged that the Government must pay now\u00a0\u201cfor the 15-year-old sins\u201d<\/em>.<\/p>\n

\u201cThere is so much said about the rights and nothing about the accountability of judges. Thus, it\u2019s a power in the state that doesn\u2019t have any responsibility. Only rights and guarantees. I repeat for the corrupt gang in the judiciary: any money paid by Moldova for your illegal decisions will be at your expense.<\/strong> Do not wait that children or elderly will pay for your illegalities. As long as I am a premier, a penny will not be transferred to the ECtHR causes, until we get them from you,\u201d<\/em> harshly\u00a0reacted<\/a>\u00a0Chicu.<\/p>\n

Prime minister called for filing a criminal case against the 5 judges from SCJ who pronounced the sentence and required to withdraw the amount of 70 million lei from the state budget allocated for the judicial system and redirect them to cover the caused damages. The chief executive also demanded that the salaries of employees other than judges\u00a0\u201cshould not be touched\u201d<\/em>.<\/p>\n

On the other hand, the Superior Council of Magistracy (SCM) declared that the statements of the public officials regarding the material responsibility of the judges and of the entire judiciary for the convictions to the ECtHR and the measures to be taken in relation to these judges are contrary to both the legal provisions and the recommendations of the international law institutions.<\/p>\n

Magistrates\u00a0pointed out<\/a>\u00a0that, over the years, it is observed that on the eve of elections, including during the electoral campaign, politicians pay special attention to the social guarantees of judges, which are an integral part of their independence, through different legislative initiatives.<\/p>\n

\u201cThe judiciary pleads for the reform of the judiciary in accordance with democratic principles and does not oppose the judge\u2019s liability under the law for the admitted violations, but will not tolerate a widespread denigration of the judiciary and is determined to defend its guarantees granted by international standards. It is important for the representatives of the governing parties to understand the negative effect of these statements and actions which, besides denigrating the judicial act, can hinder rule of law,\u201d<\/em><\/span>\u00a0the judges\u00a0noted<\/a>\u00a0in an official declaration.<\/p>\n

A third party point of view<\/h4>\n

Alexandru Tanase, former Minister of Justice and former President of the Constitutional Court, argued that the decision to reduce the funding allocated to the judiciary will not affect the magistrates, but the citizens, lawyers, as well as other employees from judiciary who have low salaries.<\/p>\n

\u201cFor an illegality committed by very easily identifiable persons, all citizens will be sanctioned, who will receive worse services by 70 million lei.<\/strong> [\u2026] By the decision to reduce the funding of the justice, in fact, the honest judges who never admitted such illegality will be sanctioned. The clerks, lawyers who will benefit from worse working conditions will be sanctioned. In contrast, those who illegally adopted the review decision will be not affected by the brave decision of the prime minister,\u201d<\/em>\u00a0wrote<\/a>\u00a0Tanase on his Facebook page.<\/p>\n

The president of the Center for Legal Resources and lawyer Vladislav Gribincea\u00a0stated<\/a>\u00a0that in the outstanding case lost by the Republic of Moldova to the ECtHR, a series of violations were committed, not only by the judges from the system.<\/p>\n

\u201cWhat happened to some of the owners of the\u00a0\u201cGemenii\u201d\u00a0building is not only the fault of the judges. It is also the fault of the prosecutors, and the fault of the Ministry of Internal Affairs, because the owners\u2019 propriety was forcibly and abusively deprived and after that the prosecutors closed the criminal case that served as the basis for the eviction from the building,\u201d <\/em>said Gribincea.<\/p>\n

According to Vladislav Gribincea, any funding cuts for this area could be declared unconstitutional, as the 2020 budget for judiciary is around 400 million lei and is composed largely of salaries and other expenses for the administration of the courts.<\/p>\n

Photo:\u00a0Arek Socha|<\/a>\u00a0Pixabay<\/a><\/p>\n

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