In the first four months of 2014 have left voluntarily from the system  more judges than in the previous two years combined. Besides the reasons more or less hidden at the basis of their decision to leave the coveted job of a judge, also include the following : according to the law, no less than 38 of them will receive unique dismissal indemnity, which reach, in some cases, over 300 thousand lei, which are not found neither in the budgets of courts were they activated, nor in the state’s budget.

According to data collected by ZdG from the decissions of the Superior Council of Magistracy (SCM ), in the first four months of 2014 have left their functions no less than 42 judges. Three of them were dismissed, so, they will not get the unique dismissal indemnity, in the case of one, the situation is still unclear, and in the case of 38, things are more than obvious ( SEE TABLE). This, according to art .26 par.3 of the Law on the Status of Judges, which provides that “resigned or retired judge shall be entitled to unique dismissal indemnity equal to the product of multiplying his average monthly salary by the number of complete years working as a judge”, are folowing to benefit of allowances beyond, in many cases, the amount of 300 thousand lei ( approximately 15 thousand euros).

Salaries for compromised judges

The avalanche of leavings from the judiciary system has taken everyone by surprise. So that, most courts which, by law, are to pay such indemnities, from their budgets, are lacking financial resources. So far, in the case of 10 judges, four presidents of courts have addressed to the SCM, requesting to be allocated additional resources.

First who addressed to SCM was Zinaida Talpalaru, president of District Commercial Court (DCC) . She requested additional financial resources to pay off unique indemnities of four judges, whom SCM announced earlier this year that, actually, dismissed for violations. Subsequently was to be found out that they left from the system because there were no places available in the courts they were operating. It’s about Alexandru Rotari, to whom the state, practically, owe 53,2 thousand lei, Sergei Namasco, to whom the state had to pay 53,7 thousand lei, Liliana Andrias, who has to receive 59,2 thousand lei, and Iurie Turcan, who was to receive an indemnity of 162,5 thousand lei.

Another three decisions of the SCM

JCC President’s gesture was followed by the other three Chiefs of Justice. In March, Alexandru Gheorghies, President of Balti Court of Appeal, addressed to the SCM, asking where to get 1.16 million lei to pay indemnities of four resigning judges  : Nina Matveeva – 175 700 lei, Valentina Tripadus and Valeriu Ciornea – 334 200 lei and to late Michael Nikolaev – 383 600 lei.

Also Vasile Schiopu, President of Ungheni Court, came with a financial request to SCM to cover indemnity payments of 306 700 lei to the resigned judge Tudor Gologan, money that were not planned in the Court’s budget, as the last was to resign according to age ceiling in 2016. Earlier last month, SCM also pronounced on the request of Aurelia Toderas, Floresti Court President, who requested 119 300 lei for Lilia’s Gavriliuc indemnity, money which, as well, were not included in the court’s budget on last year, because the judge was to resign under the age ceiling next year.

Some still waiting, others already received

Alexandru Gheorghies, Balti CA Chairman, says that, after his requests, ” I received, I would say, a rather evasively answer from the Ministry of Finance (MF), from which I understood there are no money and we will have to identify the needed amounts from our economies. So far, no judge from Balti has received the money. We have absolutely no way to pay. I will try now, with the savings we will make in April and May, to pay something, and after, if the remaining amount will be less, we hope that money will be allocated. I spoke with judges. I explained that we have no money and that, if they wanted to leave the system particularly in 2014, they had to announce me in advance. They understood and will not take any actions”, he told us.

Zinaida Talpalaru, DCC president, argue that resigned judges have already received their benefits. “Our problem is solved. Were taken money out of reserves from the courts. Something like this is practiced. Or, we, compared to others, asked for a smaller amount, because resigned judges who, on average, worked about 10 years in the system”, she noted.

Oleg Efrim, Justice Minister, told us that money from the budget are allocated only when it is known beforehand that a judge shall resign. “When they leave prematurely, the procedure is the following : SCM makes a decision, sends it to the Ministry of Justice (MJ) , MJ to MF, which follows to allocate money. I do not know of cases when money were not allocated. But, obviously maybe not immediately, but MF is allocating and must do so, as required by law”, says the minister, adding that all magistrates shall receive, sooner or later, the money. ZdG also contacted MF, but by this time we did not receive a response to this subject.

The millions who took by surprise the system

In the next period, with such requests to SCM will also come other courts from the country, who will find themselves unable to pay allowances to those who have resigned. Although SCM does not have an exact figure of money that is needed to cover this unexpected expences, industry experts estimate that, in total, about 10 million lei are required, taking into account as well the fact that the judges leaving honorable from the system activated, most of them, over 20 years in the judiciary system.

“Indemnities will be paid in case that additional resources will be provided for the courts”, said Ioana Chironet, head of SCM Secretariat. “From what I understood, there will be a budget revision, and after, SCM would give a note to regulate all such cases. There were some situations when was paid partly, but, in general, after the budget rectification it remains to identify the money. MF has not allocated money. They told us to identify money from our own sources. But this is very hard to do, because, if there are courts that have money, they have already been planned for specific things. You can not take this money without the consent of that court and give it to another. There have been some cases when we took money from a court and gave to another, with its consent, and when needed, we will take from others and will return, but they are few”, says Chironet. “Here, if I’m not mistaken, the plannification was to cover allowances for about nine judges, but we already have over 30 …”, he observes.

Note that, in 2012, according to the annual report of the SCM, the Council accepted the resignation requests submitted by 19 judges, and last year, requests of 18 magistrates. Most likely, masse resignations of judges are based on recent changes in the law, which provide that, if judges resign starting with June 1, 2014, will receive only half of the allowance they receive if they choose to leave up to that date.

TABLE

Judges that left the system in the first four months of 2014, who should receive unique indemnities

1. Ira Polisciuc – Leova District Court
2. Valentina Tripadus – Court of Appeal Balti
3. Nina Matveeva – Court of Appeal Balti
4. Tatiana Troianovschi – Orhei District Court
5. Ivan Ghilas – Soldanesti District Court
6. Constantin Stanila –  Glodeni District Court
7. Aurelia Cazacliuc –  Criuleni District Court
8. Gheorghe Gorun – Rascani Court
9. Vasile Gurin – Court of Appeal Chisinau
10. Valeriu Ceornea – Court of Appeal Balti
11. Tudor Gologan – Ungheni District Court
12. Vasile Rusu – Straseni District Court
13. Lilia Gavriliuc – Floresti District Court
14. Andrei Harghel – Supreme Court
15. Mikhail Nikolaev – Court of Appeal Balti
16. Ion Arhiliuc – Supreme Court
17. Ion Vilcov – Supreme Court
18. Constantin Gurschi – Supreme Court
19. Valeriu Harmaniuc – Court of Appeal Balti
20. Elena Lazareva – Court of Appeal Comrat
21. Tamara Pelin – Court of Appeal Chisinau
22. Nicholas Chirtoaga – Briceni District Court
23. Ion Raropu – Calarasi District Court
24. Ion Dandara – Sangerei District Court
25. Vasile Macrinici – Rezina District Court
26. Mikhail Dolghieri – Briceni District Court
27. Tamara Anghel – Rabnita District Court
28. Iurie Guzun – Briceni District Court
29. Mikhail Buruian – Court of Appeal Chisinau
30. Andrei Negurita – Stefan Voda District Court
31. Gheorghe Ursan – Telenesti District Court
32. Ludmila Curca – Cimislia District Court
33. Tudor Culava – Straseni District Court
34. Michael Gavrilita – Straseni District Court
35. Gheorghe Ulianovschi – Court of Appeal Comrat
36. Sergiu Namaşco – District Commercial Court
37. Liliana Andrias – District Commercial Court
38. Alexandru Rotari – District Commercial Court
39. Iurie Turcan – District Commercial Court
Dismissed without the right to unique indemnity
40. Victor Lanovenco – Vulcanesti District Court
41. Vasile Ghetu – Edinet District Court
42. Vasile Selevestru – Orhei District Court
P.S. Recently, the president of Moldova has rejected the resignation request of magistrate Valeriu Harmaniuc, who is appearing in a criminal case, so it is not known exactly if, after all, he will benefit or not of unique indemnity for dismissal.

Victor MOSNEAG