The members of the Commission for Exceptional Situations (CSE) noted in a meeting on Friday, March 31, “the exceptional situation existing at the Supreme Court of Justice (SCJ)” and decided to adopt a temporary extraordinary measure suspending the requests for resignation of judges for a period of 30 days “in order to ensure the functionality of the institution”.

According to the Government, Prime Minister Dorin Recean convened the meeting of the CSE to examine, at the proposal of the Ministry of Justice, the necessary measures to avoid bottlenecks in the justice system.

“This is a rapid intervention tool, an extraordinary but necessary measure. We need to adjust and secure the legal framework for the functioning of justice so as to mitigate the risks that may arise and ensure people’s access to justice. It is one more opportunity for honest judges to take a step forward and act for the benefit of citizens”, stressed Prime Minister Dorin Recean.

According to Justice Minister Veronica Mihailov-Moraru, in the context of several judges resigning and the risk of disrupting the functioning of the Supreme Court of Justice and a possible halt to the examination of cases, “this temporary measure is ultimately necessary”.

“In the event that a good number of existing vacancies at the Supreme Court of Justice are filled early, the decision in question may be reviewed at any time. The decision is taken to ensure the public interest for the continuation of the examination of priority cases, including appeals against the pre-vetting committee. Moreover, given the essential role that the court system plays in the process of defending human rights and access to justice, it is essential to maintain its uninterrupted functionality during the state of emergency,” added Minister Veronica Mihailov-Moraru.

According to the provision of the CSE, “during the state of emergency, as a temporary measure, the resignation of judges in office at the Supreme Court of Justice is prohibited for a period of 30 days until the (temporary) filling of the vacant positions of judges”.

“During the state of emergency, as a temporary measure, for a period of 30 days, the administrative procedures concerning the applications for resignation, submitted by the judges of the Supreme Court of Justice until the date of entry into force of this Provision, as well as the legal effects of the applications already accepted, shall be suspended, insofar as the actual release from office has not occurred on the date of entry into force of this Provision. This suspension may be terminated earlier than the expiry of the 30-day period in the case of (temporary) filling of vacancies for judges at the Supreme Court of Justice”, it is added.

The state of emergency in Moldova was extended on Thursday for another 60 days in the context of threats to national security. The government’s proposal to extend the state of emergency from 5 April 2023 was approved by 61 MPs at a parliamentary sitting on 30 March.

How can the deadlock in the judiciary be overcome after 20 judges at the SCJ resigned? Solutions proposed by three justice experts, a judge, the chair of the Legal Affairs, Appointments and Immunities Committee and the Judges’ Association
ZdG spoke to lawyer Vadim Vieru, Ilie Chirtoaca, president of the Legal Resources Centre of Moldova, lawyer Radu Jigău, judge Livia Mitrofan, and MP Olesea Stamate, chairwoman of the Legal, Appointments and Immunities Commission, about the depressing state of justice in Moldova and the solutions that exist to prevent justice from becoming deadlocked.

Why did 16 judges resign from the SCJ?

ZdG previously wrote that on 14 February 2023, the Superior Council of Magistracy (SCM) accepted the resignation applications submitted by 16 judges of the Supreme Court of Justice.

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

And on Thursday 23 February, the SCM approved the dismissal of four more judges from the SCJ.