Secretary of State at the Ministry of Justice Nicolae Esanu said the core problem in the Republic of Moldova is not the laws, but the way in which they are implemented. In general, justice in the Republic of Moldova is organized and functions in accordance with the international standards, he was quoted by IPN as saying in the program “Fabrika” on Publika TV channe.
According to him, the problem resides in the implementation of laws. “Regrettably, we can only formulate policies and adopt the legal and institutional framework, but we cannot influence the implementation,” stated Nicolae Esanu. He noted that the Superior Council of Magistracy is the special body created to ensure the implementation of laws in justice. “When they do not manage to enforce the laws, we must come and change things at a time when they can actually also change them,” he said.
As to the package of laws on the appointment of judges that was recently adopted by the Government, Nicolae Esanu said the Superior Council of Magistracy was allowed to regulate the appointment procedure defined by law. “Unfortunately, they didn’t do it and we experienced the predicted situation and had to regulate these aspects by law. It is not the best solution, but there is no other way out,” stated the official.
Sergiu Ostaf, director of the Resource Center for Human Rights, said the citizens are interested in the quality of the justice system that should be accessible to anyone by cost, procedure and time and should offer an acceptable confidence level. “I think this approach should prevail when we judge from the perspective of the indicators that are relevant, accepted and perceived as being the most important by the citizens who consume these services,” he noted.
Recently, the Cabinet approved a bill to amend and supplement the law on the disciplinary responsibility of judges. This forms part of the so-called small justice sector reform and is a condition for disbursing the €100 million in macro-financial assistance by the EU. The bill excludes the vague interpretations concerning the facts that represent disciplinary deviations.
