The external assessment of judges and prosecutors is considered a good solution for dealing with the deplorable situation in the justice system. However, the institution of permanent legal norms for conjunctural situations does not meet the regulation requirements in general and the requirements concerning the regulation of the organization of the legal system in particular, experts of the Center for the Analysis and Prevention of Corruption (CAPC) stated in an event centering on the extraordinary assessment of judges and prosecutors, IPN reports.
CAPC expert Radu Jigău said the external assessment of judges and prosecutors should not be performed by undermining the independence of judges and should take place in accordance with the international standards on the rule of law, the human rights and the international commitments undertaken by the Republic of Moldova and also by obeying the recommendations formulated by the Venice Commission. “The assessment procedure must be conducted based on clear and objective criteria by institutions that are impartial and independent, with the minimum involvement of politicians and the executive in the assessment process,” stated the expert.
The president of the Association of Prosecutors for Order and Justice Iurie Lealin said that it is very important for civil society not to become involved in the discussion of such aspects, while the judges and prosecutors should not be placed face to face with politicians. “Even the politicians became hostage of the own idea as they promised too much. We now understand that this assessment will be carried out one way or another. We, the prosecutors, are also hostage and volens-nolens will comply as we are the subject of the assessment,” stated the prosecutor.
Livia Mitrofan, of the Chisinau Court, said that she was deeply disappointed when she read the Venice Commission’s opinion about the bill as this institution allowed the judges and prosecutors to be assessed by another state power at a time when the standards and index and the time that the judges should be assessed are not clear.
CAPC president Galina Bostan noted the theme is very topical now that a broad justice sector reform is being implemented. ‘This reform should be assumed by the whole society, not by politicians. Our organization has been interested in discussions about corruption for over 15 years, while the integrity of judges is an aspect we have monitored closely,” stated Galina Bostan.
The event titled “Extraordinary assessment of judges and prosecutors, between independence of justice system and integrity of judges” was staged by CAPC in partnership with Freedom House.
