According to the deputy, who is on the side of the Alternative bloc, the Government and the Parliament would have forced the appointment process “a few months before the expiration of the current Constitutional Court’s term and just a few weeks before the end of the current Parliament’s term”.

“This unjustified haste contravenes constitutional norms and democratic principles,” declared Gaik Vartanean, accusing the two institutions of having “acted unconstitutionally, contrary to the entire practice of the Constitutional Court, the recommendations of the Venice Commission, and international standards regarding the appointment of judges”.

The Alternativa Bloc announced in a post that it will insist on the suspension and cancellation of the four decisions and that the appointment of new judges should be carried out by the future Parliament and Government, which will have a full mandate following the parliamentary elections on September 28.

The Constitutional Court consists of six judges, appointed for a six-year term: two by the Parliament, two by the Government, and two by the Superior Council of Magistracy. This summer, the term of five out of the six judges will expire.

The Government of the Republic of Moldova has appointed Sergiu Litvinenco and Domnica Manole to the position of constitutional judge, with their term beginning on August 17. The Parliament has proposed Nicolae Rosca and Liuba Sova. Three out of the four – with the exception of Litvinenco – are also part of the current composition of the Court.

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According to Gaik Vartanean, it’s about the recent change in the procedure for appointing judges to the Constitutional Court, promoted by the current government. In his opinion, these changes were made with the purpose of facilitating the appointment of politically close individuals to this position, including from the leadership of the governing party.

“The new Law on the Constitutional Court has introduced the possibility of appointing constitutional judges for two consecutive terms without a competition. We believe that the legality of these changes is to be verified,” stated Mariana Barașianț, the president of the Professional Organization of Lawyers MAN.

The Constitutional Court has six judges, appointed for a six-year term. Two judges are appointed by the Parliament, two by the Government, and two by the Superior Council of Magistracy. This summer, the term of five constitutional judges expires.

The Superior Council of Magistracy has announced a competition for the selection of a constitutional judge. Only one candidate has submitted his application – Ion Malanciuc, a magistrate at the Criuleni Court, temporarily transferred to the Supreme Court of Justice. If he is appointed to the Constitutional Court, he will replace Serghei Țurcan, whose term expires on July 30th.

Four other mandates, those of Domnica Manole and Vladimir Turcan, appointed by Parliament, and Liuba Sova and Nicolae Roșca, appointed by the Government, expire in August. On Thursday evening, through a Facebook post, Prime Minister Dorin Recean announced that the executive proposes for the positions of judges the current president of the Court, Domnica Manole, and the former Minister of Justice, Sergiu Litvinenco. A similar announcement was made by the President of Parliament, Igor Grosu. According to him, the legislative proposes for these positions the appointment of Nicolae Rosca and Liuba Sova.

In the full court, we also find the constitutional judge, Viorica Puica, appointed by the Superior Council of Magistracy, following the death of Eduard Ababei, in 2023. She is set to serve her term until November 24, 2029.

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“No press conference, no solid explanation, no effort to communicate transparently with the citizens. Just two dry posts on Facebook from the parliament and government, – as if announcing the opening of a new cafe, not a decision with a direct impact on the constitutional balance of the state,” asserts the former president of the Constitutional Court.

Alexandru Tanase says that this time, the political power has given up on the “theater of public competitions” and openly assumed the appointments. In his opinion, it is more honest this way than to organize formal auditions for candidates who will never be taken into account.

He continually draws attention to the “monochrome” composition of the Court. “The most serious problem remains the monochrome character of the Court – the faithful legal expression of a single-party rule. In a democracy, the composition of a Constitutional Court is deliberately balanced by the legislator, through mechanisms that prevent its control by a single political force. In our case, this constitutional prudence is completely lacking,” argues Alexandru Tanase.

On Thursday evening, close to 9:00 PM, Prime Minister Dorin Recean announced that the executive proposes for the Constitutional Court the current president of the Court, Domnica Manole, and the former Minister of Justice, Sergiu Litvinenco. Shortly after, a similar announcement was made by the Speaker of the Parliament, Igor Grosu. According to him, the legislature proposes for these positions the appointment of Nicole Roșca and Liuba Șova, both judges at the Court, designated by the executive. No further details or comments have been made by the authorities up to this point.

The Constitutional Court consists of six judges, appointed for a six-year term. Two judges are appointed by the Parliament, two by the Government, and two by the Superior Council of Magistracy.

The announcements come in the context where this summer, the mandate of five constitutional judges expires. Earlier, the Superior Council of Magistracy announced a competition. Only one candidate submitted the file – Ion Malanciuc, a magistrate at the Criuleni Court, temporarily transferred to the Supreme Court of Justice. If he is appointed to the Constitutional Court, he will replace Serghei Țurcan, whose mandate expires on July 30th.

The other four mandates, of Domnica Manole and Vladimir Turcan, appointed by the Parliament, and Liuba Sova and Nicolae Rosca, appointed by the Government, expire in August.

In the full assembly of the Court, there is also the Constitutional Judge, Viorica Puica, appointed by the Superior Council of Magistracy, following the death of Eduard Ababei, in 2023. She is expected to serve her term until November 24, 2029.

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“The Parliament will put forward the appointment of two judges to the Constitutional Court – Liuba Sova and Nicolae Rosca. Both candidates are judges at the Constitutional Court and possess the professional competencies to ensure a new term within the institution,” stated Igor Grosu.

The Constitutional Court consists of six judges, appointed for a six-year term. Two judges are appointed by the Parliament, two by the Government, and two by the Superior Council of Magistracy.

Thursday evening, the Prime Minister announced that the Government proposes for the Constitutional Court the current president of the Court, Domnica Manole, previously appointed to the CC by Parliament, and the former Minister of Justice, Sergiu Litvinenco.

The announcements come in a context where this summer, the mandate of five constitutional judges expires. Earlier, a competition was announced by the Superior Council of Magistracy. Only one candidate submitted the file – Ion Malanciuc, a magistrate at the Criuleni Court, temporarily transferred to the Supreme Court of Justice. If he is appointed to the CC, he will replace Serghei Turcan, whose term expires on July 30.

The other four mandates, of Domnica Manole and Vladimir Turcan, appointed by the Parliament, and Liuba Sova and Nicolae Rosca, appointed by the Government, expire in August.

In the full assembly of the Court, there is also the Constitutional Judge, Viorica Puica, appointed by the Superior Council of Magistracy, following the death of Eduard Ababei, in 2023. She is set to serve her term until November 24, 2029.

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