Constitutional Court rules on appointment of Supreme Court of Justice president
The decisions concerning the appointment of the president, vice presidents and judges of the Supreme Court of Justice taken by the Supreme Council of Magistrates and the Parliament are interdependent, the Constitutional Court ruled on November 9 following an application filed by MP Raisa Apolschii, Info-Prim Neo reports.
The legislation stipulates the term during which the legislative body must pronounce after the Supreme Council of Magistrates suggests the candidates. The legislature is obliged to respect it. Violating this term means obstructing the functionality of the judicial power by the legislative power, the Constitutional Court says in a communiqué.
The Court says that the Constitution does not set a specific term in this respect, but Article 116 paragraph (4) of the Constitution provides that the legal norms oblige the lawmakers to name the president, vice presidents and judges of the Supreme Court of Justice within 30 days.
The Court also decided that the dismissal of the president, vice presidents and judges of the Supreme Court of Justice, regardless of the reason, must be examined in Parliament within the terms set for naming them to posts.
Lawmaker Raisa Apolschi asked the Court to interpret Article 116 paragraph (4) of the Constitution, which says that the president, vice presidents and judges of the Supreme Court of Justice are appointed by Parliament at the suggestion of the Supreme Council of Magistrates.
The decision is definitive, comes into force when passed and is published in the Official Gazette.