It is an open conflict between the judicial system and the political system of the Republic of Moldova, said representatives of extraparliamentary parties, referring to the blockage witnessed in the justice system and the General Assembly of Judges’ incapacity to designate judges to serve on the Superior Council of Magistracy (SCM). For their part, the representatives of the government said that as the General Assembly didn’t chose the judge members of the SCM, the judicial self-governing body will initially work only with the non-judge members named by Parliament so as to break the deadlock, IPN reports.
Fadei Nagachevski, of the Party of Development and Consolidation of Moldova, said the government insists on the urgent election of the SCM members so as to name a judge loyal to it at the Constitutional Court.
“A SCM is urgently needed to choose the sixth judge of the Constitutional Court so as to change the decisional balance at the CC that is to determine the constitutionality of the Shor Party. According to unofficial reports, the CC’s decision by which the method of electing the President was changed and the President is now elected directly by the people not by the Parliament is to be reviewed. Both of the theories have the right to exist as, if the CC declares the Shor Party unconstitutional and distributed the seats of MP of this party to the PAS and BCS, the PAS will have a constitutional majority and in 2024 will be able to elect the future President in Parliament,” ex-minister of justice Fadei Nagachevski stated in the program “Secrets of the Power” on JurnalTV channel.
The leader of the Party “Dignity and Truth Platform” Dinu Plîngău said the citizens expect that the high-profile cases will be solved within the justice sector reform. To hide its incapacity to reform the justice sector, the government started a war with the General Assembly of Judges.
“We are witnessing a conflict between the political system and the judicial system. This situation affects a lot society. The adoption of solutions in high-profile case is delayed. The people who have nothing to do with the political class cannot obtain solutions to particular disputes. Imagine a day when the state does not have the police force. It is the same with the judicial system. The political system thinks about votes and about the fulfillment of electoral promises. The justice sector reform was the main promise. During a year, they should have provided a solution at least in the most elementary case, the billion theft or the Airport. This wasn’t done and it’s clear that will not be done. So, an enemy needs to be created,” stated Dinu Plîngău.
Jurist Ștefan Gligor expressed his skepticism about the possibility of examining the challenges filed by the judges who didn’t pass the external assessment in the near future as the Supreme Court of Justice, which is to examine them, is blocked following the resignation of almost all of its judges.
“The probability for the SCJ judges who remained to examine the challenges is minor, while the speeches we heard at the General Assembly of Judges hide the fact that the judges do not want the reform. Instead of taking part in the justice sector reform and in the rehabilitation of the judiciary, some preferred to end their career on a sabotage note. In the system, there are good judges. Regrettably, these didn’t manage to impose themselves at the General Assembly and left others to decide,” said the president of the Party of Change Ștefan Gligor.
The representatives of the government said the Party of Action and Solidarity does not give up the justice sector reform despite the resistance witness in the justice system. Under the law, the SCM consists of 12 members six of whom are named by the General Assembly of Judges, while the other six by Parliament, from among civil society.
“All the 12 members of the SCM need to be elected. But this will be done gradually, depending on the results of the pre-vetting. At the General Assembly of Judges, we saw delays. If they had wanted to choose correct and honest persons, the General Assembly could have elected from among the five candidates who passed the pre-vetting. Parliament will appoint the six members of the SCM and we will unlock the situation this way,” said PAS MP Dorian Istratii.
The General Assembly of Judges held on March 17 didn’t choose the judge members of the Superior Council of Magistracy, with the meeting being interrupted until April 28.
