Former presidents of the Constitutional Court (CC) Dumitru Pulbere and Victor Pușcaș said that to restore the Court’s image and prestige, the CC judges should be allowed to review the previous rulings. According to them, Parliament should urgently adopt amendments to the Law on the Constitutional Court and should agree mechanisms for modifying the CC judgements. This way the judges will have their hands free to review the rulings that undermined the High Court’s authority, IPN reports.
Dumitru Pulbere said the text of the Constitution is fundamental and well-planned. The Supreme Law could not envision everything, but the people who drafted the Constitution could not imagine that the CC and other institutions would ever abuse the law to such an extent and adopt particular decisions. “Why do I say abuse of the law? Because the Constitutional Court was the initiator of the suspension of the President from office for five minutes. Parliament, instead of criticizing the CC, applauded and rejoiced itself and this could have been done to adopt a decision that suited someone,” the ex-CC president stated in a special edition on NTV Moldova channel.
He noted he does not know what kind of people should be elected to the CC to restore this institution’s prestige. Among the candidates who applied for the post of CC judge are people of science, doctors of law and professors who know the constitutional law very well. ”These will have a lot of work to do to restore the Court’s prestige,” stated Dumitru Pulbere.
For his part, Victor Pușcaș said the CC started to distance itself from its own judgements and practice in December 2013, when it ruled that the declaration of independence prevailed over the Constitution. A constitutional impasse was created then and this runs counter to the national law doctrine. From that moment, the CC had renounced its own procedures.
Victor Pușcaș noted he worked out a mechanism concerning the procedure for electing CC judges. Persons who cannot be blackmailed should be not chosen to this post.
