The Constitutional Court (CC) rejected on Monday, November 6, the request of a group of communist deputies to suspend the action of President Maia Sandu’s September 26 decree dismissing Alexandr Stoianoglo from the post of Prosecutor General.

The application was lodged with the Constitutional Court on 2 November, based on Articles 135 para. (1) (a) of the Constitution, 25 (g) of the Law on the Constitutional Court and 38 para. (1) (g) of the Code of Constitutional Jurisdiction, by Communist MPs Diana Caraman, Vladimir Voronin, Oleg Reidman, Nicolai Rusol and Constantin Staris.

The petitioners asked the Court to verify the constitutionality of the Moldovan President’s decree of 26 September and to suspend its action.

“The Court held that if the risk of affecting an area provided for in Article 251(2)(1) of the Law on the Constitutional Court and Article 71(2)(1) of the Law on the Constitutional Court is invoked, the President of the Republic of Moldova must be informed of the risk of affecting the constitutionality of the Constitution. (2), item 1) of the Code of Constitutional Jurisdiction, the applicant for suspension must demonstrate the intensity and possible imminent and irreparable damage and negative consequences of the alleged risk (DCC No. 132 of 18 October 2023, § 9).

Analysing the arguments submitted in support of the application for suspension, the President of the Court observes that the applicants have not put forward any argument concerning the risks of harm to any of the areas set out in Article 251 para. (2) para. 1) of the Law on the Constitutional Court and Article 7/1 para. (2) (1) of the Code of Constitutional Jurisdiction by the contested decree. Therefore, the President rejects the request”, the document published by the CC states.

The application to suspend the action of the contested decree was examined by the President of the Court Nicolae Rosca, “given the impossibility of convening the plenary of the Constitutional Court and subjecting the issue raised to its consideration”.

“Moldovan President Maia Sandu repeatedly spoke negatively about the person of Prosecutor General Alexandr Stoianoglo, advocating his dismissal, then changed his rhetoric until the adoption of an irrevocable judicial solution, and ultimately issued the decree of dismissal, which indicates a real conflict of interest in the exercise of presidential powers. However, the evaluation itself was initiated at the request of President Maia Sandu”, the authors of the complaint said.

Moldova will have to pay the former Prosecutor General Alexandr Stoianoglo €3 600 – moral damages. The European Court of Human Rights (ECtHR) handed down its decision on Tuesday 24 October.

The ECtHR unanimously found a violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights. The case concerned the Prosecutor General’s inability to appeal against his suspension, which was triggered by the criminal proceedings that had been initiated against him.

The former Prosecutor General, Alexandr Stoianoglo, challenged in court the resignation decree signed by Maia Sandu

Former Prosecutor General Alexandr Stoianoglo has challenged in court the decree signed by President Maia Sandu dismissing him from office. The application was filed with the Chisinau Court on 30 October. The file has been created, but the date of the first hearing has not yet been set.

Earlier, Stoianoglo’s lawyers Vasile Gafton and Iurie Margineanu confirmed the possibility of such a scenario.

“If we have this right, of course we will contest it (…) I have discussed with Mr Stoianoglo and he said we will contest it”, said for Vasile Gafton, Ziarul de Gardă. Iurie Mărgineanu told us that “if the situation of the action has been challenged, the decree will be challenged as well”.

On September 26, 2023, President Maia Sandu signed the decree dismissing suspended Prosecutor General Alexandr Stoianoglo from office. The document entered into force on the same day.

According to a press release issued by the Presidency, “given that the pronouncement of a decision by the courts on the legality of Alexandr Stoianoglo’s dismissal by the PSC is delayed, the signing of the decree comes in the context of the European Union’s recommendations to ensure the replacement of the position of Prosecutor General and the Republic of Moldova’s obligations to meet the conditions of the justice system”.

“Following the examination of the report of the Evaluation Commission of the Prosecutor General (suspended de jure from office), Alexandr Stoianoglo, drawn up on 5 May 2022, the Superior Council of Prosecutors, by Resolution No. 1-92 of 23 May 2022, in accordance with Art. 311 para. (8) and para. (9) of the Law No. 312016 on the Prosecutor’s Office, awarded the qualification “unsatisfactory” to the work of Alexandr Stoianoglo during the term of office of the Prosecutor General and proposed to the President of the Republic of Moldova the dismissal of Alexandr Stoianoglo as Prosecutor General. In the light of the above, and pursuant to Articles 88(j) and 94(2) of the Rules of Procedure (l) of the Constitution of the Republic of Moldova, as well as Art. 58 para. (7) of the Law on the Prosecutor’s Office (…)”, the document states.

Alexandr Stoianoglo was suspended from the position of Prosecutor General in early October 2021, and is under investigation for passive corruption, false statements, abuse of office and exceeding the duties of office. The case concerning the excess of power or exceeding the duties of the office is before the magistrates of the Buiucani Court of Chisinau. The last hearing in this case took place on 20 September 2023, during which a witness was heard. The next hearing is scheduled for 5 October 2023.

Former Prosecutor General Alexandr Stoianoglo was detained on 5 October 2021. On 8 October 2021 he was placed under house arrest and subsequently under judicial control. No preventive measures are currently applied against Stoianoglo.