Moldova’s Government Approved a Draft Law Related to the Judicial System. How does the Council of Europe View the Law Project

Moldova’s Government Approved a Draft Law Related to the Judicial System. How does the Council of Europe View the Law Project
01 October 2020 | 19:05

The government approved this week a new draft law aimed at amending the Constitution related to the judiciary, with which the Constitutional Court (CC) disagreed.

The draft law is about excluding the five-year term for appointing judges. Also, the Constitution would include the provision according to which the country’s president can refuse only once the candidacy submitted by the Superior Council of Magistracy (SCM).

The law project includes the provision according to which judges will have functional immunity, particularly under the law.

If the project enters into force, the Constitution will indicate that the SCM has 12 members, appointed for six years and can hold only one term.

After publication in the Official Gazette, the draft will be submitted to the High Court for approval.

Minister of Justice, Fadei Nagacevschi, stated: “The project’s significance is not only demonstrated by the Council of Europe’s statement, but it is also a conditionality accepted by Moldova in its relations with the EU. We are confident that the Constitutional Court will look closely into this project, essential for launching the long-awaited reform. I am not taking any further steps without agreeing with the CoE’s group. I ask for support from the Moldovan political partners in promoting the necessary changes so that the judicial system is separate from the political one,” Nagacevschi underlined during a press briefing.

On September 22, the CC found that the draft amendment related to the Constitution and the Judiciary could not be sent to Parliament for approval because it does not comply with the Constitution revising conditions. 

The Council of Europe confirmed in a statement that the project law correlates with the Venice Commission’s opinions and will continue to work closely with Moldova to facilitate the full and effective implementation of reforms in the justice system.

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