Tensions flare at CSJ as six Pre-vetting rejected judges face scrutiny in a single day

Viorica Mija
10/04/2023
Colaj CIJM

After the Constitutional Court's decision on Thursday, April 6, which confirmed the Supreme Court of Justice's (CSJ) right of veto over judges who failed the integrity test of the Pre-Vetting Commission, tensions are mounting around the supreme court. On Monday, April 10, six cases involving judges who did not pass the commission will be examined.

The Constitutional Court (CC) declared it inadmissible that the decisions of the SCJ, in the case of appeals on the pre-vetting process, are not respected. Accordingly, all decisions taken by the CSJ become binding, including those for the Pre-Vetting Commission.

In response, the president of the legal commission in Parliament, Olesea Stamate, who previously proposed an amendment to the law so that some decisions of the CSJ are not binding for the Pre-Vetting Commission, mentioned that the CSJ's decision "leaves a wide door for the Supreme Court of Justice to make the final decision on Pre-Vetting." Stamate added, "I have the impression that a handful of honest people are fighting windmills in this country."

On Thursday, April 6, President Maia Sandu promulgated two laws aimed at reforming the Supreme Court of Justice (CSJ). The first is the Law on the External Evaluation of Judges and Candidates for the Position of Judge of the CSJ, and the second is the Law on the Reform of the SCJ.

Under these laws, the number of court judges will be reduced from 33 to 20, and lawyers, prosecutors, and university professors in the field of law will be able to apply for the position of a court judge. At the same time, the primary role of the SCJ will be to ensure uniform judicial practices.

The second law provides for the external evaluation of judges and candidates for the position of judge of the SCJ by an evaluation Commission. The members of the commission will analyze their ethical and financial integrity, and the evaluation will take place within six months of the announcement of the procedure.

The evaluation results will be sent to the Superior Council of Magistracy (CSM), which can accept or reject the Commission's report. In case of rejection of the evaluation report, the CSM can order the resumption of the evaluation procedure, but only once. The decision of the CSM regarding the non-promotion of the judge's evaluation will lead to their release from office. They will not have the right to exercise the position of judge for seven years, and for five years, they will not be able to act as a prosecutor, lawyer, notary, authorized administrator, bailiff, or in other positions of public dignity.

Viorica Mija
10/04/2023




Textele de pe pagina web a Centrului de Investigații Jurnalistice www.anticoruptie.md sunt realizate de jurnaliști, cu respectarea normelor deontologice și sunt protejate de dreptul de autor. Preluarea textelor știrilor și a investigațiilor jurnalistice se realizează în limita maximă de 500 de semne. În mod obligatoriu, în cazul paginilor web (portaluri, agenții, instituţii media sau bloguri) trebuie indicat şi linkul direct la articolul preluat de pe www.anticoruptie.md în primul alineat, iar în cazul posturilor de radio și TV – se citează obligatoriu sursa.

Preluarea integrală a textelor se poate realiza doar în condiţiile unui acord prealabil semnat cu Centrul de Investigații Jurnalistice.



Follow us on Telegram

Comments