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Briefness first and foremost – July 22, 2019 IPN digest


https://www.ipn.md/index.php/en/briefness-first-and-foremost-july-22-2019-ipn-digest-7978_1066971.html

Former ECHR judge Stanislav Pavlovski stated a part of the problems faced in the judicial system can be solved by very simple methods that include the amendment of the legislation. According to him, the first step should be the amendment of the Penal Procedure Code’s provisions that regulate the revision of cases and of definitive judgements by adding only one new element – violation of the right to a fair trial and state captivity. Stanislav Pavlovski also said that among the current priorities is the prioritization of actions that are important and should be taken here and now. “I understand that the banning of plastic bags is a major problem for Moldova, but this is not a priority. The priorities now include the Prosecutor General’s Office, the theft of the US$ 1 billion, the struggle against the mafia and the freeing of the whole system from the influence of the mafia. The people felt insulted by the previous government and expect the current government to do justice,” added the former judge.

Publicist Vyacheslav Crachun from Comrat, referring to the inauguration of Irina Vlah, wrote that the support expressed by the leaders of Moldova to the re-elected Governor and the whole Gagauzia was for the first time in many years of such a consolidated character given the presence of all top officials of the State – President Igor Dodon, Speaker Zinaida Greceanîi and Prime Minister Maia Sandu who stated: “We have common goals. Moldova is all of us. It’s time to stop arguing about issues that are not directly related to the interests of citizens and get down to business. It is necessary to define the powers in the issues of education, culture, health care, social security and other areas of the autonomy’s functioning.” The author also said that it will be possible to check the sincerity of the stilted speeches in the nearest future, when the Parliament of the country will start discussing the draft laws prepared by the Working Group on Gagauzia, and the Government will hold an off-site meeting in the autonomy.  

The citizens want the corrupt functionaries to be punished, Maia Sandu stated in the opening of the roundtable meeting “Priorities of the Government in the justice sector and the fight against corruption”. In the event, there were initiated the first internal consultations between the Government and civil society concerning the independence of the judiciary. “Reforming the justice sector is an immediate priority of the new Government as the political control of the judicial system should be eliminated, the prosecutors should stop fulfilling political orders and the judges should serve the national interests and protect the honest citizens. Owing to the lack of an independent judiciary in Moldova during the past few years, the citizens lost confidence in the state,” Premier Sandu said in the consultations.

The acting president of the Superior Council of Magistracy Dorel Musteață said a part of the judicial system is struggling against the Council. “A part of the system struggles against the SCM. Some of the judges who struggle are featured in the Council’s decisions, others are close to these judges. Public opinion is being manipulated. What do they want?  For example, a judge told me we should now convene an assembly (e.n. general assembly of judges) and discuss the developments behind closed doors. I said I agree to organize an assembly, but an open one,” stated Dorel Musteață. He noted he is free in his actions and is not influenced by anyone in the decision-making process. “I do not have my hands tied and never had them tied. I always voted as I consider legal and correct”.

The former political party European Action Movement became the political party Save Bessarabia Union (USB) and former Liberal Valeriu Munteanu was elected president of the new party that focuses on Moldova’s reunion with Romania. Alexandru Bostan, a member of the new party, noted that according to the new statutes of the party the Union means bringing together those who believe that Bessarabia is Romania. Salivation means signaling that we are at a moment when our Romanian and European existence is doubted. The solution is to put to good use the young and active energies that can still free Bessarabia from marasmus and irrelevance,” he stated.

A new political party, called “Apel”, professing a pro-European orientation and placing itself on the center-left side of the political spectrum, has been launched in Moldova. Tatiana Dabija, the party’s secretary, said that she joined because as a lawyer she noticed that the rights of people are often harmed. “The party wants to bring together qualified, constitutional lawyers. We invite everyone to become a member of this party, so there can be a direct change,” declared Tatiana Dabija.

IPN on July 22 held a public debate entitled “Freeing Moldova from ‘Oligarchy’ and ‘State Capture’: Limits of Legality” that was organized with the assistance of the Hanns Seidel Foundation. Igor Boțan, IPN Debates’ standing expert, describes oligarchy, a Greek word for “the government of few”, as a political regime where power is concentrated in the hands of a relatively small group of people and serving the interests of this group rather than the public interest. In political theory, state capture is “a type of systemic political corruption in which private interests significantly influence a state's decision-making processes to their own advantage.” The expert recalled the European Parliament’s Resolution on Moldova, of 14 November 2018, where both notions are mentioned. Boțan also cited a 2015 article published in the New York Times by Council of Europe Secretary General Thorbjørn Jagland, who concluded it by stating that “first, this captured state must be returned to its citizens.”

In the same debate, Democratic MP Sergiu Sîrbu opined that the new government should overcome the power gaining euphoria and start work. He called on society to be active and ensure the respect for the rule of law, the presumption of innocence and the principle of preeminence of the law in Moldova. He also addressed the public servants, judges and prosecutors, saying they should not implement illegal decisions. “Don’t yield to intimidation related to dismissals. If you didn’t break the law, no one can remove you. I repeat the message to prosecutors and judges: Obey exclusively the Constitution of the Republic of Moldova and the law. Don’t allow the politicians to substitute the judicial power,” stated the MP.

Prime Minister Maia Sandu sent a congratulatory message after the snap parliamentary elections held in Ukraine where the Servant of the People party that supports President Volodymyr Zelensky won over 42% of the ballot. The voter turnout was 49.84%.

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