Members of the Superior Council of Magistracy (CSM) illegally hold their offices as they do not represent anyone in this structure. This is because the same judges who appointed them to the General Assembly of Judges, expressed their no confidence vote in this regard. The opinion belongs to the adviser of the Parliament Speaker, Fadei Nagacevschi, and was stated on "Glavnîi vopros" program, NTV Moldova, IPN reports.
"The CSM members have two solutions in the current situation, but this means resigning from the office. Either they acknowledge the decision of the General Assembly of Judges, or they contest this decision and await the decision of the Supreme Court of Justice which is not certain whether it will be in their favour or a new assembly will be convened. In any case, they must leave because they illegally hold their positions and do not represent anyone there. This fight will not end in their favour anyway, "said Fadei Nagacevschi.
The public policy expert Ștefan Gligor, likewise, believes that the current composition of the CSM is illegitimate because, actually, these members have not been elected, their appointment being organized in 2017 by the former ruling party - PDM. Ștefan Gligor maintains that when the power changed, these CSM members should have stepped down. "The concept of justice reform should envisage, first of all, a logical settlement of this situation: we cleanse the system of odious judges, we know who these people are. Both in the Prosecutor's Office and in the judicial system. Then we organize elections in the CSM, we make this Council legitimate and functional and after that, with a new CSM we continue to reform the system”, said the expert.
Political commentator Roman Mihăeș is puzzled by the fact that in June, when the power changed, it first asked the CSM magistrates to resign, and now, when their removal is discussed within the system, these CSM members are defended by ACUM Bloc. "I would like this issue to be solved in a legal manner, without politicians’ involvement," he said.