Articled based on which Alexandr Stoianoglo was assessed declared unconstitutional

The Constitutional Court declared unconstitutional the article based on which Alexandr Stoianoglo was assessed as prosecutor general. The decision was communicated in a press briefing by CC judge Sergey Țurcan.

“The Court ascertained that Article 31, index 1, paragraph 5 of the Law on the Prosecution Service, in the version before the coming into force of Law No. 280 of October 6, 2022, which empowered the Superior Council of Prosecutors to change the criteria for assessing the performance of the prosecutor general, doesn’t obey the exigency stipulated in Article 125, paragraph 2 of the Constitution, according to which the prosecutor general can be dismissed in accordance with the law for objective reasons,” stated Sergey Țurcan.

In May 2022, the Superior Council of Prosecutors proposed that President Maia Sandu should fire Alexandr Stoianoglo from the post of prosecutor general after examining the report of the commission, which found that the work done by this was unsatisfactory. President Sandu signed the decree to dismiss Alexandru Stoianoglo from the post of prosecutor general this September. Meanwhile, Alexandr Stoianoglo submitted two applications to the European Court of Human Rights (ECHR) and won the case in one of these. More exactly, the Court held that there had been a violation of the right to trial, namely of the right to challenge the Superior Council of Prosecutors’ decision of October 5, 2021 as a result of which he was suspended from post.

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