Opposition and administration at loggerheads over draft Law on Prosecution Service

Fierce fighting broke out between the administration and the opposition over the draft Law on the Prosecution Service. Socialist MPs said that by setting up a mechanism to evaluate the prosecutor general's performance, the administration wants to take control of the prosecution system. On the other side of the isle, PAS representatives said that the performance evaluation of the chief prosecutor will make him accountable and prompt him to act in the interest of citizens.

The opposition said that it will challenge PAS's amendments to the law on the Prosecution Service at the Constitutional Court. According to the Socialists, the aim of the law amendments is to dismiss the prosecutor general and appoint a PAS loyalist as head the Prosecutor General's Office.

"They want to take control of the Prosecutor's Office. If they want to tidy up the system, they should start by evaluating the whole system of prosecutors, all 700 prosecutors who work and handle criminal cases. It is not the prosecutor general who handles cases, he is responsible for the management of the institution. Yet they start from the top, instead of cleansing the Prosecutor's Office and the system of mafia. They want to take over this mafia and run it", said PCRM-PSRM Bloc MP Vasile Bolea.

Meanwhile, the ruling party described the situation in the prosecution system as "debauchery" and said that the citizens voted on July 11 in favor of justice reform and that the Prosecutor General's Office is the key element of this reform.

"If you want to get the prosecution system in order, you have to start with a system assessment. If the evaluation finds that the prosecutor general is performing satisfactory, then it's fine. If he is found unfit for office and his performance is rated 'unsatisfactory', he will be dismissed. The citizens have reported a problem in this regard, given that thieves get out of prison and walk free. We have a mandate from the citizens to sort this out", said PAS MP Vasile Grădinaru.

Transparency International expert Mariana Kalughin says that the stipulation that provides for the establishment of a commission which will evaluate the prosecutor general's performance within 10 days of the start of the evaluation procedure leaves room for interpretation and suspicion.

"The ability to evaluate the performance of the prosecutor general must be based on provisions that provide stability and predictability. Setting up an ad-hoc commission from the outset discredits the evaluation process and creates the impression that the aim is to gain influence over the prosecutor general", said Mariana Kalughin.

The draft amendment to the Law on the Prosecution Service was approved by Parliament in second reading. The document establishes the mechanism for evaluating the prosecutor general's performance. If the chief prosecutor's performance is rated "unsatisfactory" by the evaluation commission, the High Council of Prosecutors shall submit a proposal to the head of state for his dismissal.

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