Constitution amendment bill follows Venice Commission recommendations, minister

Minister of Justice Fadei Nagacevschi said that he is leaving for Strasbourg in order to examine possible ways to overcome the situation following today's Constitutional Court (CC) decision, which found that the government's bill to amend the Constitution, regarding the appointment of judges and the competence of the Superior Council of Magistracy, does not comply with Constitution revision requirements and cannot be submitted to Parliament for examination. Following the CC decision, Fadei Nagacevschi told reporters that the bill is in strict accordance with Venice Commission recommendations and is an integral part of the Memorandum signed with the European Union.

"The bill, as it was sent to the Constitutional Court, was agreed upon, word for word, with the Venice Commission and the European Union. That bill is an integral part of the Memorandum with the European Union regarding the financing of Moldova with 100 million euros. This Memorandum expressly states that the government will draft and approve the Constitution amending bill, which is in strict accordance with Venice Commission recommendations. Afterwards, this bill should have been sent to the Parliament", the minister explained.

According to Fadei Nagacevschi, the situation can be overcome by resuming the approval process within the executive or by resubmitting the draft to the government for approval, then resending it to the CC. "The resumption of project discussion procedures will create a series of difficulties for Moldova. The exclusion of the norms that are considered to be in contradiction with the Constitution of Moldova are approved by the Venice Commission and the European Union", said Fadei Nagacevschi.

The Ministry of Justice is drafting a referral to the Venice Commission and to the EU. "We require assistance regarding how to proceed forward. We have on our hands the Venice Commission opinion, a bill drafted by the executive in strict accordance with the Commission's recommendations, we have an international agreement - the Memorandum between Moldova and the EU, which is ratified by the Parliament and we have the CC opinion. We are addressing the Venice Commission for clarification regarding what prevails and how we should act in this case in order to overcome this situation", the minister said.

"What do we do: do we revise the bill, which may be accepted by the Venice Commission, based on the CC's objections or should the Court re-analyze the situation, considering the fact that the bill is an integral part of an international agreement", added Fadei Nagacevschi.

The minister plans to leave for Strasbourg tomorrow, September 23.

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