How judges, prosecutors and lawyers perceive justice system, poll

Over 66% of respondent judges, 54% of respondent prosecutors and 46% of respondent lawyers consider that the justice reform launched in 2011 had a positive impact on the judiciary, shows a poll presented by the Legal Resources Center from Moldova, which was carried out as part of a project implemented with financial support from the U.S. Department of State, IPN reports.

According to Ion Guzun, legal adviser at the Center, 49% of the judges who took part in the poll said the law on the reorganization of courts of law, which started in 2017, had a positive impact on the judiciary. The same opinion is shared by 32% of prosecutors and 38% of lawyers. Over 47% of prosecutors consider the location of prosecutor’s offices should be modified according to the judicial map (should be located in the same settlements as courts of law). Over 43% said this is not necessary, while 9% didn’t pronounce.

As to the Justice Ministry’s and MPs’ proposal to create courts of law for the examination of cases of corruption, most of the respondents from the three professions said this is not necessity. Over 83% of judges agreed that the quality of justice at present is better than five years ago. This assertion is supported by 58% of prosecutors and over 35% of lawyers. “We see that a part of the prosecutors and lawyers have a neutral position on the quality of justice. We can conclude that most of the representatives of the three professions consider the quality of justice today is better than five years ago,” stated Ion Guzun.

35% of judges, over 50% of prosecutors and over 57% of lawyers consider the current remuneration of judges is insufficient to ensure their independence and impartiality. To the same question with reference to prosecutors, affirmative answers were given by over 48% of judges, 40% of prosecutors and 60% of lawyers.

Asked whether they agree that the Supreme Court of Justice’s practice is uniform, 32% of judges, 33% of prosecutors, and 22% of lawyers answered affirmatively. 32% of judges, almost 48% of prosecutors and about 40% of lawyers agree that the number of judges at the SCJ should be reduced and this court should be turned into a veritable court of cassation. The external evaluation of judges’ and prosecutors’ professionalism and integrity by an independent commission is supported by 20% of judges, 34% of prosecutors and over 50% of lawyers.

The Center’s president Vladislav Gribincea said over 80% of judges agree that the judges in 2020 are independent, while over 75% of the lawyers do not agree with this assertion. 63% of prosecutors agree that the prosecutors are independent. Over 80% of judges, more than 60% of prosecutors and less than 27% of lawyers consider the court decisions are fair and are taken without outside influences. It’s normal for the judges to be more loyal to the system in which they work, but there is a too big difference between the legal professions and this points to great distrust in the quality of justice.

Asked about the level of corruption in the country, 12% of judges, 9% of prosecutors, and 6% of lawyers affirmed that the Republic of Moldova is free from corruption. 28% of judges, 43% of prosecutors, and 74% of lawyers answered that there is widespread corruption in Moldova. Asked what courts are the most corrupt, respondents from all three professions indicated appellate courts and the Supreme Court of Justice.

The poll covered a sample of 570 persons and was carried out in October-December 2020.

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