Minister of Justice Sergiu Litvinenco said that even if the Venice Commission’s opinion is consultative, the Moldovan authorities will take it into account and will adjust the law on the prosecution service to the European norms. The European experts leave to the discretion of the Moldovan authorities the inclusion or exclusion of the prosecutor general from the composition of the Superior Council of Prosecutors, IPN reports.

The minister noted that a number of amendments will be made to the law on the prosecution service so that Moldova’s legislation complies with the Venice Commission’s recommendations.

“From strictly formal viewpoint, the Venice Commission’s opinion is consultative in character, which means it is a recommendation. But this does not mean that the states that tend to build authentic rule of law can ignore such an opinion. Therefore, the Republic of Moldova will amend the legislation so as to adjust it to all the conclusions of the Venice Commission’s experts,” Sergiu Litvinenco stated in the talk show “Emphasis on Today” on TVR Moldova cannel.

He noted he does not agree with the European experts’ opinion that the bill was adopted in a hurry without discussing it with representatives of civil society. The consultations were probably insufficient and next time they will make sure that decisional transparency is ensured.

The Venice Commission’s opinion recommends including the prosecutor general in the composition of the Superior Council of Prosecutors, but the minister considers this will infringes on the independence of the Council and will influence the decisions of the prosecutors who are members of the Council.

“We explained that the presence of the prosecutor general in the SCP can influence the impartiality of the Council as the prosecutor general has a term of seven years, while the SCP members from among prosecutors serve for four years on the Council and depend on the prosecutor general. Therefore, they will be inclined to make decisions by taking into account the proposals of the prosecutor general,” stated Sergiu Litvinenco.

The Venice Commission’s opinion issued three days ago recommends specifying the criteria according to which the work of the prosecutor general is assessed in the law on the prosecution service and regulating the activity of the Superior Council of Prosecutors in the Constitution so as to avoid eventual arbitrary amendments to the law.