Members of the Superior Council of Magistracy (SCM) ruled that  Domnica Manole, magistrate of the Court of Appeal is prosecuted for having adopted a decision obliging the Central Election Commission (CEC) to initiate a referendum on direct presidential elections, at the initiative of Platform  Dignity and Truth. Dumitru Visternicean, Vera Toma and Tatiana Raducanu were against it. According to the complaint submitted to the SCM by the interim general prosecutor Eduard Harunjen, the judge issued an unlawful decision and misused duties of Constitution interpretation.

The decision was taken in connection with a protest organized by several members and supporters of the Platform Dignity and Truth. "I   did an enormous work to judge this case and I was accused that I misused my duties. The notification of the prosecutor does not relate just to this case, I have been an inconvenient person so far. It's about criticism revealed at the General Assembly of judges of harmful legislative initiatives and problems in the judiciary", said Domnica Manole.

The initiative for a referendum to amend the Constitution and direct presidential elections was rejected by the Central Election Commission on March 30, after an initiative group headed by Platform Dignity and Truth filed 400,000 signatures to CEC in support of the referendum. Soon, the initiative group has filed a claim against the CEC and on April 14, 2016 Domnica Manole issued a ruling that ordered the cancellation of the CEC’s decision and initiation of constitutional referendum.

The Commission has done justice itself at the Supreme Court of Justice that in late March and ordered quashing of the decision issued by Domnica Manole.  The notification by which Harunjen demands the SCM’s consent to initiate criminal prosecution shows that, during the hearing, the Supreme Court of Justice established misinterpretation of the law by the judge of the Court of Appeal and misuse of her powers by interpreting the Constitution.

Previously, the Central Election Commission filed a complaint to the SCM by which Domnica Manole issued  " illegal"  decision and produced "intentionally negative resonance in society" and called for taking necessary measures to magistrate.

Several judges of the Court of Appeal Chisinau signed on Monday evening a declaration published on Anticoruptie.md portal, expressing solidarity with their colleague. "Acting General Prosecutor has assumed an unprecedented attack over the independence of Justice, contrary to international standards in justice field and contrary to the objectives of European integration promoted by the judiciary", reads the statement.

The Association “Romanian Judges' Forum” reacted to this case. “No judge can solve properly in conditions of fear or anticipating a favor from any source or being under any inadequate influence”, reads the press release issued by the Association.  

Meanwhile, Domnica Manole applied repeatedly for the vacant position of judge at the Supreme Court of Justice. None of the four candidates was accepted by the SCM.  The magistrate has previously applied for the seat of judge at SCM. Earlier, the Supreme Court of Justice dismissed the application by which she challenged the decision of the Superior Council of Magistracy to promote Mariana Pitic, Manole’s opponent at SCM, in spite of the fact that out of 6 persons eligible for the competition, judge Manole garnered the highest score in the Board for selection and career of judges.