Jurists have differing opinions about President Maia Sandu’s decision to annul the decree by which Vladislav Clima was named president of the Chisinau Appeals Court. Some of them said the decree does not envision the exclusion of Clima from the system as it stipulates only his removal from the post of president of the Chisinau Appeals Court. Other jurists describe Maia Sandu’s decision as electoral in character and anticipate the President will lose the case in court, IPN reports.
PAS MP Sergiu Litvinenco said President Sandu’s decree by which ex-President Dodon’s decree to appoint Clima is annulled is “perfectly legal” and strips Clima of an administrative post.
“Those who try to draw a parallel between this case and the case of Domnica Manole that was handled by the PSRM-Shor majority didn’t analyze the text of the President’s decree. This decree dismisses Vladislav Clima from the administrative post of court president, not of judge. Vladislav Clima will continue to serve as a judge and to do “justice”. His status of judge stipulated by the Constitution will not be affected,” Sergiu Litvinenco stated in the talk show “Secrets of the Power” on JurnalTV channel.
Some of the judges say yet President Sandu uses the case of Clima to prove the necessity of reforming the judicial system in the election campaign. Moreover, the court can annul the President’s decree and keep Clima in his post.
“Confusion between opportunity and legality is witnessed. Many people can consider that this decision is opportune, but the way in which it was taken is far from being legal. When all the procedures are respected, the court cannot take another decision than keeping Clima in the post of court president. There is no other solution than annulling this decree in court and there will definitely be a wave of dissatisfaction in society. But the court does not analyze opportunity aspects. An election campaign is taking place. Why didn’t Maia Sandu come with such a decision in December 2020 if she was sure that an abuse was committed? A moment of political opportunity was awaited,” said lawyer Cristina Țărnă.
According to representatives of the PPPDA, if the decree by which Clima was appointed president of the Appeals Court is upheld, this will show that the system puts up resistance to any reform.
“The feeling of impunity is the most serious thing witnessed now in the legal system. The obliging of a judge to leave the post voluntarily was the harshest punishment for a judge in our country. This could later change the job of judge for that of lawyer and continued to work. That caste of judges created by Plahotniuc’s regime remains functional. The verdict in the case of Clima is to be given also by the court. It is a vicious circle and the system should be therefore reformed as swiftly as possible,” stated Dinu Plîngău.
Vladislav Clima was named president of the Chisinau Appeals Court by a decree issued in September 2020 by the then President Igor Dodon. Clima is the judge who upheld the ordinary court’s decision to invalidate the result of the Chisinau mayoral elections, which showed that Andrei Năstase emerged victorious.
