Constitutional Court turned into political body, jurist

The Constitutional Court turned into a political body and the recent appointment of former prosecutor general Corneliu Gurin and Democratic MP Artur Reshetnikov as judges of the CC proves this. The issue was developed in the talk show “Key issue” on NTV Moldova channel, IPN reports.

Jurist Sergei Mishin said when an MP of the Democratic Party is named CC judge without obeying the internal regulations, the CC starts to be increasingly regarded as a body that stopped being the guarantor of the distribution of powers, as the Constitution provides. “Besides the fact that the CC passes political judgements, it now dares to become involved in constitutional matters and to modify the Constitution as it is suitable for it, more exactly for those who now form part of the Court,” he stated.

Presidential adviser Maxim Lebedinski said each judge should be chosen at a contest. Moreover, the Constitutional Court judges are named by the Government, Parliament and the Superior Council of Magistracy. “The question is not whether a person is good or bad. At least this should not be member of a parliamentary or extraparliamentary party,” stated the adviser, referring to the naming of Corneliu Gurin as CC judge. According to him, the CC should not be politicized and its task is to serve as a balance between the powers.

Constitutional law expert Vitali Catană said each institution that names judges at the Constitutional Court has its own regulations for appointing these judges. “These procedures are not defined by law and each institution has own procedures for appointing judges at the CC,” he stated, adding it is important not to break the law.

The Government on December 12 named MP Artur Reshetnikov, former director of the Security and Intelligence Service, as judge of the Constitutional Court. It happened only one day after the Superior Council of Magistracy appointed ex-prosecutor general Corneliu Gurin to a similar post.

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