Five judges to compete for post of Supreme Court of Justice president

Five judges have applied for the job of president of the Supreme Court of Justice, including the current president Ion Muruianu, whose term in office expires in March. The deadline for applications was February 15. Judge at the European Court of Human Rights Mihai Poalelungi and acting head of the Supreme Court of Justice's Penal Board Raisa Botezatu filed the applications on the last 100 meters. Among the other candidates are Supreme Court of Justice judge Constantin Gurschi and member of the Supreme Council of Magistrates Nicolae Timofti, Info-Prim Neo reports. [Ion Muruianu] was named president of the Supreme Court of Justice in March 2007. The judge's name is mainly associated with the scandal that arose at the Annual Assembly of Judges of February 13, 2010, when he named the journalists “ rabid dogs that are dangerous for society”. On March 4, Ion Muruianu was dismissed by the vote of 52 MPs of the Alliance for European Integration for the conviction of Moldova by the ECHR in a larghe number of cases and for naming the journalsitss "rabid dogs". On April 27, the Constitutional Court reinstated Muruianu in his post, ruling that the Parliament Decision was unconstitutional. In his income statement for 2010, Ion Muruianu indicated that he together with his wife and children had a monthly income of over 92,000 lei. Before appointed as judge of the Supreme Court of Justice in 1999, [Constantin Gurschi] served as a judge of the Court of Appeals. His name is mentioned in a number of cases in which Moldova was found guilty by the ECHR, including “Levintsa versus Moldova”. The Court decided that the plaintiff's right to an effective investigation of his complaint concerning maltreatment by the police and other rights were violated. Moldova was obliged to pay damages of €16,000 to the plaintiff. In an interview for the publication of the National Institute of Justice, [Raisa Botezatu] said she has medical studies, but chose to be a judge. After working for eight years in a radioactive substances section, she decided to change the area of activity and opted for the law. Ste started to work as a judge in 1989. Alongside other judges, she took part in the formation of a set of laws on which the legal system reform is based. Raisa Botezatu has worked in the legal system for 20 years. The judge's name is in the list of persons responsible for Moldova's conviction by the ECHR in several cases, including “Gradinar versus Moldova". Allongside Constantin Gurschi, she also appears in the cases “Levintsa versus Moldova" and “Bujenitsa versus Moldova". ECHR judge [Mihai Poalelungi] in 1988 was a judge on probation at the Rascani Court. In a year, he became vice president of the Buiucani Court. Since 1989 until 2005, he had worked as a lecturer at the Law Faculty of the State University of Moldova. Mihai Poalelungi was also judge and president of the Centru Court. Afterward, he was judge and vice president of the Court of Appeals. In 2005, he was vice president of the Supreme Curt of Justice, while in 2003-2008 – had served as an arbitrator at the OSCE Court of Conciliation and Arbitration. On May 1, 2008 he was appointed as judge of the European Court of Human Rights. [Nicolae Timofti] is a lieutenant-officer and senior lieutenant. After doing his military service, he worked as a senior consultant at the Ministry of Justice. In June 1990, he was elected as vice president of the Supreme Court (which in 1996 was transformed into the Supreme Court of Justice) and head of the Penal Board. After the reformation of the judiciary, in 1996 he was named president of the Court of Appeals. In December 2001, he was dismissed from this post. He is now a member of the Supreme Council of Magistrates. Nicolae Timofti is among the persons who are considered responsible for losing the case “FLUX No. 3 versus Moldova” at the ECHR. In this case, Moldova was obliged to pay damages of €4,000 for violating the right to freedom of expression. The contest to fill the post of Supreme Court of Justice president was announced last November. The deadline for applications was January 10, but it was extended until February 15 at the request of Minister of Justice Alexandru Tanase, who is an ex officio member of the Supreme Council of Magistrates. He argued that the announcement about the contest wasn't published in the Official Gazette. The Supreme Council of Magistrates assesses the candidates and chooses one of them, who is to be confirmed by Parliament. The president of the Supreme Court of Justice is named by Parliament within 30 days of the day the Supreme Council of Magistrates proposes the candidate. The legislative body can extend this term by 15 days if need be. The legislature can also reject the fielded candidate if there are incontestable proofs of the applicant’s incompatibility with the given post, that he had broken the law or that the legal procedures for selecting him were violated. In such a case, the Supreme Council of Magistrates is notified within 30 days. But if the Council puts forward the same candidate the second time, the MPs are obliged to accept him.