{"id":449595,"date":"2021-08-16T18:28:43","date_gmt":"2021-08-16T18:28:43","guid":{"rendered":"https:\/\/www.moldova.org\/en\/?p=449595"},"modified":"2021-08-16T18:32:52","modified_gmt":"2021-08-16T18:32:52","slug":"changing-the-judiciary-or-replacing-the-prosecutor-general-what-starts-a-successful-judicial-reform","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/changing-the-judiciary-or-replacing-the-prosecutor-general-what-starts-a-successful-judicial-reform\/","title":{"rendered":"Changing the judiciary or replacing the Prosecutor General – what starts a successful judicial reform?"},"content":{"rendered":"Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>

The newly elected government decided to take action regarding one of its main priorities, which was previously announced – the judicial reform. Namely, an amendment to the existing Law on the Office of the Prosecutor General (OPG)<\/a> was voted through the first reading on August 13. The bill provides for introduction of a mechanism for evaluating the performance of the Prosecutor General<\/strong>, as well as his dismissal following a proposal submitted by the Superior Council of Prosecutors<\/span> (SCP) in case he fails in his duties.<\/p>\n

The performance of the Prosecutor General would be evaluated once per year by a 5 members commission formed by the SCP. One member would be proposed by the President of the Republic of Moldova, the second by the Ministry of Justice, the third by the Superior Council of Magistracy (SCM), the forth by the Superior Council of Prosecutors and the last one by the Prosecutor General (PG). In case at least 3 members of the SCP, the Performance Evaluation Commission or the President of the Republic of Moldova take the initiative, disciplinary proceedings may be brought against the Prosecutor General. If a criminal investigation is initiated, an interim PG is appointed by the SCP.<\/p>\n

The authors of the bill (MPs of the Party of Action and Solidarity) claimed<\/a> that the proposed changes would not affect the independence and autonomy of the OPG and that of the Prosecutor General, as the Superior Council of Prosecutors has the decisive role in making the decision. “The introduction of regulations on the evaluation of the Prosecutor General’s performance, as well as regulations on the application of disciplinary liability to the Prosecutor General comes to ensure accountability of the institution, and establishes a balance of power and control between the Prosecutor General and the Superior Council of Prosecutors,”<\/em> the authors of the bill said<\/a>.<\/p>\n

During the same plenary session, MPs supported through the first reading the amendment to the normative acts<\/a> providing for the election and appointment of members in the Superior Council of Magistracy<\/strong> and the Superior Council of Prosecutors<\/strong>. The candidates of both councils are required to hold office for at least 3 years and not to be penalised in the last 3 years. Six members of the SCM would be elected by the General Assembly of Judges, next to three ex officio members and three law professors appointed by Parliament.<\/p>\n

At the same time, the proposed amendments seek to reduce the number of the SCP members from 15 to 12<\/span>, by excluding the Prosecutor General, the Chief Prosecutor of the ATU (Autonomous Territorial Unit) Gagauzia Prosecutor’s Office and the President of the Lawyers Union.<\/p>\n

The Parliamentary Committee in charge of Legal Affairs, Appointments and Immunities invited<\/a> all interested parties to public consultations, on 18 August, regarding the previously mentioned bills, after civil society organizations have made a public request to organize “genuine and inclusive public consultations, in strict compliance with the legislation on transparency in decision-making.”<\/em><\/p>\n

A smart move or a hasty reform?<\/h3>\n

The modifications to the Law on the Office of the Prosecutor General approved in Parliament were criticised by some experts, despite the fact that Sergiu Litvinenco, the main promoter and the one who initiated the bill, argued<\/a> that “the changes contain sufficient guarantees to ensure correct procedures both in the case of performance evaluation and in the case of disciplinary procedure.”<\/em><\/p>\n

The president of the Center for Legal Resources of Moldova, Vladislav Gribincea<\/strong>, declared<\/a> that amending the Law on the Office of the Prosecutor General every time the government does not like the prosecutor general “creates dangerous circumstances and puts the Prosecutor General at the mercy of politicians.”<\/em><\/p>\n

” No matter how well-intentioned politicians may be, a politically dependent prosecutor could be more dangerous than one with modest performance.”<\/p><\/blockquote>\n

The expert also said<\/a>\u00a0 that the modifications make no sense, as long as the dismissal of the Prosecutor General can be initiated only by the Superior Council of Prosecutors – a representative and self-administered body of prosecutors. “The SCP has not made proposals for dismissal, not even for disciplinary sanctions on much more critical situations committed by prosecutors. I do not see how this mechanism will lead to the de facto dismissal of Mr. Stoianoglo. I rather see this as a legislative pirouette, in order to further intensify the pressure on the General Prosecutor, causing him to leave.”<\/em><\/p>\n

Former President of the Constitutional Court, Alexandru Tanase<\/strong>, stated<\/a> that “although it contains high standards in the organization of the Office of the Prosecutor General, changing the rules of the game without changing people, does not generate any results.”<\/em><\/p>\n

“The Venice Commission needs to be consulted, and the EU needs to make sure that the government does not make mistakes with this hasty reform,”<\/em> claimed<\/a> the expert Dionis Cenusa<\/strong>.<\/p>\n

The OPG response<\/a> was transcendent, still superficial: “The level of understanding by the current government of the principles of the rule of law is unexpectedly weak and, at the moment, we do not see the point of commenting on anything. The OPG response to any attack on its institutional and procedural independence will be proportionate to the seriousness of such attacks.”<\/em> Regarding that, Vladislav Gribincea commented that there could not have been “a more inappropriate reaction of the OPG. The only tool of the institution is to file criminal cases against politicians. I think that is the last thing the Office of the Prosecutor General needs now.”<\/em><\/p>\n

According to WatchDog expert Valeriu Pasa<\/strong>, the new law proposes to remove the SCP from the control of prosecutor, but that does not mean handing it over to politicians. “Civil society, academic environment, the ombudsman will participate in the process. Still, the largest number of members (5 out of 12) will be prosecutors. No one would have full control, as it is now. That would mean a much more balanced system,”<\/em> he explained<\/a>.<\/p>\n

“Consolidating the system formed and led by the puppets of Plahotniuc and Platon is stupid. For the Party of Action and Solidarity that would be a political suicide. Is there a risk of political subordination of decisions taken by prosecutors and judges? Of course! And that must be the red line. The only safeguard against these abuses is the self-control of the new government and the strict monitoring of civil society and external partners, but\u00a0 also of the parliamentary and extra-parliamentary opposition. If Plahotniuc’s control over judiciary gets replaced by the PAS’s control – everything has been in vain.”<\/p><\/blockquote>\n

The expert believes that the current Prosecutor General, Alexandru Stoianoglo<\/strong>, must resign because he has been elected through a vicious procedure intentionally organised by socialists. Another important reason is his inactivity concerning important investigations, the lack of progress when it comes to sanctioning or holding people accountable for major abuses,<\/span> as it is the case of Veaceslav Platon or Ilan Shor, who left the country without any impediments. This was one of the arguments of the current government as well, in addition to the intention to bring the law into line with the Constitution in order to establish a mechanism for evaluating the activity of the Prosecutor General.<\/p>\n

What changes will the current amendments undergo through the second reading, and whether the PG resigns or is dismissed – those are the next big questions.<\/p>\n

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

Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>The newly elected government decided to take action regarding one of its main priorities, which was previously announced – the judicial reform. Namely, an amendment to the existing Law on the Office of the Prosecutor General (OPG) was voted through the first reading on August 13. The bill provides for introduction of a mechanism for […]<\/p>\n","protected":false},"author":31,"featured_media":449596,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,3,4,56],"tags":[1105,297,35,527,472,109,27,233,473,528],"class_list":["post-449595","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-justice","category-politics","category-society","category-reportaje","tag-bill","tag-expert","tag-important","tag-judicial","tag-judiciary","tag-law","tag-moldova","tag-parliament","tag-prosecutor-general","tag-reform"],"content_social_share":"Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>

The newly elected government decided to take action regarding one of its main priorities, which was previously announced – the judicial reform. Namely, an amendment to the existing Law on the Office of the Prosecutor General (OPG)<\/a> was voted through the first reading on August 13. The bill provides for introduction of a mechanism for evaluating the performance of the Prosecutor General<\/strong>, as well as his dismissal following a proposal submitted by the Superior Council of Prosecutors<\/span> (SCP) in case he fails in his duties.<\/p>\n

The performance of the Prosecutor General would be evaluated once per year by a 5 members commission formed by the SCP. One member would be proposed by the President of the Republic of Moldova, the second by the Ministry of Justice, the third by the Superior Council of Magistracy (SCM), the forth by the Superior Council of Prosecutors and the last one by the Prosecutor General (PG). In case at least 3 members of the SCP, the Performance Evaluation Commission or the President of the Republic of Moldova take the initiative, disciplinary proceedings may be brought against the Prosecutor General. If a criminal investigation is initiated, an interim PG is appointed by the SCP.<\/p>\n

The authors of the bill (MPs of the Party of Action and Solidarity) claimed<\/a> that the proposed changes would not affect the independence and autonomy of the OPG and that of the Prosecutor General, as the Superior Council of Prosecutors has the decisive role in making the decision. “The introduction of regulations on the evaluation of the Prosecutor General’s performance, as well as regulations on the application of disciplinary liability to the Prosecutor General comes to ensure accountability of the institution, and establishes a balance of power and control between the Prosecutor General and the Superior Council of Prosecutors,”<\/em> the authors of the bill said<\/a>.<\/p>\n

During the same plenary session, MPs supported through the first reading the amendment to the normative acts<\/a> providing for the election and appointment of members in the Superior Council of Magistracy<\/strong> and the Superior Council of Prosecutors<\/strong>. The candidates of both councils are required to hold office for at least 3 years and not to be penalised in the last 3 years. Six members of the SCM would be elected by the General Assembly of Judges, next to three ex officio members and three law professors appointed by Parliament.<\/p>\n

At the same time, the proposed amendments seek to reduce the number of the SCP members from 15 to 12<\/span>, by excluding the Prosecutor General, the Chief Prosecutor of the ATU (Autonomous Territorial Unit) Gagauzia Prosecutor’s Office and the President of the Lawyers Union.<\/p>\n

The Parliamentary Committee in charge of Legal Affairs, Appointments and Immunities invited<\/a> all interested parties to public consultations, on 18 August, regarding the previously mentioned bills, after civil society organizations have made a public request to organize “genuine and inclusive public consultations, in strict compliance with the legislation on transparency in decision-making.”<\/em><\/p>\n

A smart move or a hasty reform?<\/h3>\n

The modifications to the Law on the Office of the Prosecutor General approved in Parliament were criticised by some experts, despite the fact that Sergiu Litvinenco, the main promoter and the one who initiated the bill, argued<\/a> that “the changes contain sufficient guarantees to ensure correct procedures both in the case of performance evaluation and in the case of disciplinary procedure.”<\/em><\/p>\n

The president of the Center for Legal Resources of Moldova, Vladislav Gribincea<\/strong>, declared<\/a> that amending the Law on the Office of the Prosecutor General every time the government does not like the prosecutor general “creates dangerous circumstances and puts the Prosecutor General at the mercy of politicians.”<\/em><\/p>\n

” No matter how well-intentioned politicians may be, a politically dependent prosecutor could be more dangerous than one with modest performance.”<\/p><\/blockquote>\n

The expert also said<\/a>\u00a0 that the modifications make no sense, as long as the dismissal of the Prosecutor General can be initiated only by the Superior Council of Prosecutors – a representative and self-administered body of prosecutors. “The SCP has not made proposals for dismissal, not even for disciplinary sanctions on much more critical situations committed by prosecutors. I do not see how this mechanism will lead to the de facto dismissal of Mr. Stoianoglo. I rather see this as a legislative pirouette, in order to further intensify the pressure on the General Prosecutor, causing him to leave.”<\/em><\/p>\n

Former President of the Constitutional Court, Alexandru Tanase<\/strong>, stated<\/a> that “although it contains high standards in the organization of the Office of the Prosecutor General, changing the rules of the game without changing people, does not generate any results.”<\/em><\/p>\n

“The Venice Commission needs to be consulted, and the EU needs to make sure that the government does not make mistakes with this hasty reform,”<\/em> claimed<\/a> the expert Dionis Cenusa<\/strong>.<\/p>\n

The OPG response<\/a> was transcendent, still superficial: “The level of understanding by the current government of the principles of the rule of law is unexpectedly weak and, at the moment, we do not see the point of commenting on anything. The OPG response to any attack on its institutional and procedural independence will be proportionate to the seriousness of such attacks.”<\/em> Regarding that, Vladislav Gribincea commented that there could not have been “a more inappropriate reaction of the OPG. The only tool of the institution is to file criminal cases against politicians. I think that is the last thing the Office of the Prosecutor General needs now.”<\/em><\/p>\n

According to WatchDog expert Valeriu Pasa<\/strong>, the new law proposes to remove the SCP from the control of prosecutor, but that does not mean handing it over to politicians. “Civil society, academic environment, the ombudsman will participate in the process. Still, the largest number of members (5 out of 12) will be prosecutors. No one would have full control, as it is now. That would mean a much more balanced system,”<\/em> he explained<\/a>.<\/p>\n

“Consolidating the system formed and led by the puppets of Plahotniuc and Platon is stupid. For the Party of Action and Solidarity that would be a political suicide. Is there a risk of political subordination of decisions taken by prosecutors and judges? Of course! And that must be the red line. The only safeguard against these abuses is the self-control of the new government and the strict monitoring of civil society and external partners, but\u00a0 also of the parliamentary and extra-parliamentary opposition. If Plahotniuc’s control over judiciary gets replaced by the PAS’s control – everything has been in vain.”<\/p><\/blockquote>\n

The expert believes that the current Prosecutor General, Alexandru Stoianoglo<\/strong>, must resign because he has been elected through a vicious procedure intentionally organised by socialists. Another important reason is his inactivity concerning important investigations, the lack of progress when it comes to sanctioning or holding people accountable for major abuses,<\/span> as it is the case of Veaceslav Platon or Ilan Shor, who left the country without any impediments. This was one of the arguments of the current government as well, in addition to the intention to bring the law into line with the Constitution in order to establish a mechanism for evaluating the activity of the Prosecutor General.<\/p>\n

What changes will the current amendments undergo through the second reading, and whether the PG resigns or is dismissed – those are the next big questions.<\/p>\n

Photo: parlament.md<\/p>\n

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