The Constitutional Court (CC) on September 5 will examine a challenge from the Supreme Court of Justice concerning the constitutionality of the law allowing depriving judges of immunity for corruption and influence peddling. The law was passed by Parliament last July, IPN reports.
Since the legislative amendments came into force, the consent of the Supreme Council of Magistrates for starting criminal cases against judges suspected of acts of corruption and for arresting and searching judges in connection with such offenses is no longer needed.
The Supreme Court of Justice considers that the made amendments run counter to the constitutional provisions. Under the Constitution, the legislative, executive and legislative powers in Moldova are separate and cooperate in fulfilling their duties. Also, the judges of courts of law are independent, impartial and hold office for life.
According to the Supreme Court of Justice, the depriving of judges of immunity represents an inadmissible infringement of the guarantees granted to judges with a view to ensuring their independence and impartiality. The Court believes that the previous legal provisions, according to which legal proceedings against judges can be brought only by he prosecutor general, with the consent of the Supreme Council of Magistrates, should be restored.
