RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 7, 2022 No. 9

About control of constitutionality of the Law No. 26 of March 10, 2022 on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors (address No. 43a/2022 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Marcella Lupu,

in view of the address,

registered on March 22, 2022,

having considered this address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

Points of order

1. The address brought into the Constitutional court on March 22, 2022 by the deputy of Parliament of the Republic of Moldova Vasily Boley based on Article 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Article 25 of the item g) the Law No. 317 of December 13, 1994 on the Constitutional court and Article 38 of h (1) the item g) the Code of the constitutional jurisdiction No. 502 of June 16, 1995.

2. The author of the address asks the Constitutional court to check constitutionality of the Law No. 26 of March 10, 2022 on some measures for candidate screen for position of the member of self-government institutions of judges and prosecutors.

3. Determination of the Constitutional court of March 29, 2022, without decision in essence, the address was acknowledged acceptable.

4. The author of the address gave on March 30, 2022 to the Constitutional court amendment to the address in which specified the arguments about illegality. On the same day the author of the address submitted the application for suspension of operation of the disputed law. Having studied the arguments stated in the application for suspension, the Constitutional court took out Determination No. 41 of March 30, 2022 in which granted partially this application and decided to suspend Article 15 of h (12) the Law No. 26 of March 10, 2022 on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors before substantive prosecution.

5. At open session of the Constitutional court there was representative of the author of the address lawyer Maxim Lebedenski. The parliament represented Rada Rada, the main consultant of service of representation in the Constitutional court and law enforcement agencies of the head legal department of the Secretariat of Parliament. The government was represented by Eduard Serbenko, the state secretary of the Ministry of Justice.

Actual circumstances

6. The parliament of the Republic of Moldova adopted on March 10, 2022 in final reading the Law No. 26 on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors (further the Law No. 26 of March 10, 2022) who became effective on March 16, 2022, being published in the Official monitor.

7. The law No. 26 of March 10, 2022 in Article 1 regulates the legal relationship connected with assessment procedure of integrity of candidates for position of the high councilor of magistracy, the Supreme council of prosecutors, and also candidates for position of the member of their specialized bodies as obligatory stage of selection process of candidates and their election or appointment to the corresponding positions. Besides, the Law No. 26 of March 10, 2022 provides creation of the commission on assessment of ad hoc responsible for check of integrity of these candidates.

8. During project development of the specified law the Minister of Justice requested the conclusion on it from the Venetian commission.

9. So, the Venetian commission accepted on December 13, 2021 the Conclusion of CDL-AD(2021)046 about some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors and about modification of some regulations (further the Conclusion of CDL-AD(2021)046).

Applicable legislation

10. Applicable provisions of the Constitution:

Article 6 Separation and interaction of the authorities

"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions".

Article 23 Right of Each Person to Knowledge of the Rights and Obligations

"(1) Each person has the right to recognition of its legal personality.

(2) the State provides the right of each person to knowledge of the rights and obligations. For this purpose the state publishes all laws and other regulations and provides their availability".

Article 28 Intimate, family and private life

"The state respects and protects intimate, family and private life".

Article 116 Status of Judges

"(1) Judges of degrees of jurisdiction are independent, impartial and irremovable according to the law.

[…]".

Article 119 Right to appeal

"The judgments can be appealed by concerned parties and competent state bodies according to the law".

Article 122 Structure [The Supreme council of magistracy]

"(1) the Supreme council of magistracy includes the judges and regular teachers elected for four-year term.

(2) the Supreme council of magistracy includes by right the Chairman of the Highest trial chamber, the Minister of Justice and the Attorney-General".

[in edition before entry into force of the Law No. 120 of September 23, 2021]

Article 122 Structure [The Supreme council of magistracy]

"(1) the Supreme council of magistracy consists of 12 members: six judges elected by general meeting of the judges representing all levels of degrees of jurisdiction, and six persons having high professional reputation and personal integrity with work experience in area of the right or in other respective area which do not work in bodies of legislative, executive and judicial authority also do not belong to political party.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info