The composition of the Supreme Court of Justice (CSJ), of the Superior Council of Magistracy (CSM) and of the Superior Council of Prosecutors (CSP) will be modified. Some of the the Anti-Corruption Prosecutor's Office (PA) attributes will be transferred to the National Anticorruption Center (CNA), while the Prosecutor General will be elected by the CPS based on a list put forward by the Ministry of Justice. The Minister of Justice, Olesea Stamate, presented today, August 28, a concept of justice reform.
According to the minister, the reform entails the reduction of the number of CSJ judges from 33 to 17. A committee of 18 members, which includes six European experts and former judges and prosecutors, will have to determine who are the CSJ judges that remain. The committee's evaluation will be based on three criteria: integrity, professional qualities and personal qualities related to the profession. The same committee will evaluate the presidents and vice-presidents of the courts of appeal and of some trial courts.
Olesea Stamate added that the number of CSM members is expected to be supplemented with three more members - tenured professors. Two of them will be appointed by the government, while the other one, by the Presidency. Additionally, at CSM, out of the six judges elected by the General Assembly of Judges, the concept suggests that three will be elected out of the ranks of trial court judges, two from the courts of appeal and one from the CSJ.
The Minister of Justice said that some of the current attributes of the Anticorruption Prosecutor's Office, related to systemic corruption, will be transferred to the National Anticorruption Center. The prosecutors of the respective institution will be subject to the evaluation of an external commission, similar to the evaluation method for judges.
Additionally, the reform aims to add two more civil society representatives to the Superior Council of Prosecutors. One representative will be appointed by the government, while the other by the Civil Society Forum for Eastern Partnership.
Olesea Stamate stated that the Prosecutor General should be chosen by the CSP, based on a short list put forward by the Ministry of Justice (MJ). The list would include candidates selected based on a contest, by a commission formed at the MJ, out of the minister of justice, a representative of civil society, a psychologist and a former judge and prosecutor, both with an eminent reputation. It is proposed to eliminate the criterion of mandatory five year experience at the prosecutor's office for the Prosecutor General position candidate. However, ten years of experience in the position of prosecutor, judge or lawyer will be required.
Attending the event, the head of state, Igor Dodon, conveyed to the judges the message that the approach is a very and very serious one. He added that the name of the Prosecutor's Office for Combating Organized Crime and Special Cases (PCCOCS) will be changed and that it will be significantly reformed. "This reform is sure to be expected by everyone from within, but also by our development partners", said Igor Dodon.
"It is an ambitious concept, but very necessary for the justice system, because from justice stems not only the security of citizens, but also the security of the business environment and of foreign investments", said Zinaida Greceanîi, President of Parliament.
Prime Minister Maia Sandu stated that justice reform is required for the functioning of other sectors and institutions. She added that the reform is crucial for restoring the trust of the citizens in the state. "We need an independent and autonomous justice, which is carried out by honest and professional judges", said Maia Sandu.
According to Deputy Prime Minister Andrei Nastase, the current government committed itself to work and fight "so that a new Plahotniuc will no longer be able to seize control over judges and prosecutors".
Based on the reform concept, a series of draft laws have been elaborated, which will be subject to public debates, then introduced in Parliament for examination and adoption.
