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Supreme Court sends Judge Manole’s appeal to Constitutional Court


https://www.ipn.md/en/supreme-court-sends-judge-manoles-appeal-to-constitutional-court-7967_1036468.html

The Supreme Court of Justice accepted the appeal of Domnica Manole’s lawyers regarding the unconstitutionality exception of the provisions concerning judges from the Law on verification of holders and contenders for public office. The lawyers’ objections have been submitted to the Constitutional Court, IPN reports.

Domnica Manole said that these provisions go against the principle of separation of powers in the state and contradict the Constitution. The verification by the Security and Intelligence Service (SIS), an executive body, violates the independence and usurps the powers of the judiciary. “I am satisfied by the result of this meeting. Today, the court was impartial. We brought up the unconstitutionality of provisions stipulating the verification of judges by the SIS. We argued that these provisions go against the constitutional principles that entrench the independence of judges, of the judiciary, and the separation of powers in the state”, Manole explained.

Last April, Domnica Manole ruled that the Central Electoral Commission (CEC) was obliged to organize the referendum initiated by the Dignity and Truth Platform. After the Supreme Justice Court overturned her ruling and declared it illegal, the CEC chairman at the time, Iurie Ciocan, asked the Superior Council of Magistrates to put forward criminal charges against her.

At the beginning of July, based on information from the Security and Intelligence Service, the Superior Council of Magistrates declared Domnica Manole incompatible with the office of magistrate. The CSM recommended the head of the state to fire her. In turn, Manole described the decision as illegal and as a political command that violated all legal rules. She also argued that the decision was meant to make an example out of her and intimidate other judges who would follow her example and resist the influence of the administration.