Mihai Murguleț says decree to fire him as judge is illegal


Former judge Mihai Murguleț, who is a member of the Association “Voice of Justice” and of the Association of Judges of the Republic of Moldova, considers the decree by which he was removed from the post of judge is illegal. “The Superior Council of Magistracy didn’t even propose that the President of the Republic of Moldova should dismiss me. Respectively, the President signed that decree arguing that my duties expired, not because I committed something, but only because my five-year term in office expired,” Mihai Murguleț explained in an interview for IPN.

The ex-judge noted that he challenged the decision taken by the Superior Council of Magistracy as a result of which he remained without his job. He believes that the May 16 decision was made because he didn’t want to follow particular instructions given by the vice president of the Ciocana branch of the Chisinau City Court who is one of the persons who benefit from the “political umbrella” of the head of the President’s staff in charge of justice, according to him.

Mihai Murguleț said he became inconvenient for the system because he pleads for the independence of the justice system and because he promotes this fact inside the system. “Evidently, this fact bothers as some of the persons lose their influence and the system somehow does not need such persons,” he stated, adding all the events that led to his dismissal took place following cooperation between a number of judges who form part of the same group of interests.

The former judge noted the justice sector in Moldova is not reformed because there is no political will in this regard. In the states where such reforms were done, such as Romania where the quality of justice is now much higher, a broad consensus for reforming the legal system was reached at a suitable moment.

Mihai Murguleț believes that to improve things swiftly, all the functionaries should be employed based on broader assessments, criteria and social guarantees. The judges or functionaries who ensure the functioning of justice should be assessed from outside. “Definitely, if persons who can justify their property and justify all the solutions in their cases remain in the system, things will probably move on,” he opined.

The ex-judge said the independence of judges should be ensured by the Superior Council of Magistracy, which should react swiftly when attempts are made to punish a judge for a decision that does not suit any sphere of influence. The Council currently cannot ensure the protection of judges who pass judgments that do not suit the government.

The interview titled “Moldovan justice, look from inside” forms part of IPN’s project “Injustice revealed through the multimedia”.