In the context of the justice reform and the extraordinary evaluation of judges, as well as the resignations of several judges from the Supreme Court of Justice (CSJ), Minister Veronica Mihailov-Moraru held a meeting with CSJ judges on Monday, February 20. All CSJ judges were invited to the meeting, and both those who resigned and those who did not resign from office attended, the Justice Ministry said.

“The purpose of this meeting was to have an exchange of views on the draft laws on the reform of the CSJ, but also to discuss the situation created in the context of the announced resignations, the risks that may arise and the need to identify common solutions to avoid gridlock in the judiciary,” the institution’s statement said.

The Minister of Justice stressed that “she understands that there may be some concerns of judges about the evaluation mechanism, but the reform of justice in the segment of verification of the integrity of judges must continue, and it is a necessity”. In the context of the resignations and the circumstances under which they occurred, “it only feeds into the public perception of signals of resistance by the judiciary to the new laws,” according to the official.

“Therefore, regardless of the reasons for the applications filed, the public interest, namely to ensure the functionality of the Court and the continuity of the examination of the pending cases, at least until the evaluation starts immediately, must be taken into account first and foremost.

The vetting procedure is different from the pre-vetting procedure and additional safeguards are provided in the evaluation process, including through the participation of the new CSJ as the self-administrating body in the judicial system with a defined role. That is why it is important that the CSJ examines the appeals against the pre-vetting commission, that the General Assembly takes place, that a functional CSJ is established so that the judiciary gradually returns to its own capacity to solve problems.

The evaluation exercise of CSJ judges should be understood as a one-time mechanism also in the context of the reform of the Court. This mechanism has been publicly consulted, including expertly reviewed by the Venice Commission, and following joint discussions, may be further adjusted to make the conditions of evaluation as balanced as possible. Moreover, judges who pass the evaluation will be entitled to a salary increase”, said Veronica Mihailov-Moraru.

On Tuesday, 14 February 2023, the Superior Council of Magistracy(CSM) accepted the resignation applications submitted by 16 Supreme Court judges.

“Following the judges’ resignations, 5 judges will actually work at the Supreme Court of Justice in the Civil, Commercial and Administrative Disputes College and 3 judges in the Criminal College, taking into account that one judge is seconded to the CSM,” the court warned in a press release.

Ala Cobăneanu, Svetlana Filincova, Iurie Diaconu, Victor Boico and Victor Burduh will leave the judiciary on 1 March 2023; Elena Cobzac – from 13 March 2023, and Nadejda Toma, Liliana Catan, Maria Ghervas, Galina Stratulat, Iurie Bejenaru and Ghenadie Plămădeală – from 31 March 2023. At the same time, the CSM accepted the resignation applications submitted by Victor Micu, Luiza Gafton and Petru Moraru, all three judges at the CSJ, seconded members of the CSM, who requested to be approved for resignation from 3 April 2023. The resignation request submitted by Anatolie Galben, another CSM member, a judge seconded from the Chisinau Court of Appeal (CA), was also accepted.