The Minister of Justice Proposed to Amend the Law on Prosecutor’s Office so that the Prosecutor General Could Be Evaluated by a Special Committee
The Minister of Justice, Sergiu Litvinenco, registered on Tuesday, August 10, a draft law on amending the Law to the Prosecutor’s Office. The main amendment proposed by Litvinenco refers to the introduction of mechanisms for evaluating the activity of the Prosecutor General, with the possibility of his dismissal, at the proposal of the Superior Council of Prosecutors.
“We have registered a project that comes to amend the Law on the Prosecutor’s Office, in the sense of including mechanisms to evaluate the activity of the Prosecutor General and to establish his disciplinary liability. Both mechanisms provide for the possibility of dismissing the Prosecutor General in justified cases, at the proposal of the Superior Council of Prosecutors. (…) In essence, the proposed amendments extend the existing procedures in the law for prosecutors to the Prosecutor General, with some minor adjustments determined by the subject of the action. The proposed changes will not affect the independence and autonomy of the Prosecutor’s Office and the Prosecutor General, as the Superior Council of Prosecutors remains decisive in its decision-making. At the same time, these changes contain sufficient guarantees to ensure correct procedures both in the case of performance evaluation and in the disciplinary procedure. (…) Other provisions of the proposed draft also refer to the modification of the composition of the Superior Council of Prosecutors, in a formula that will ensure greater independence of the body, but also to the suspension of the Prosecutor General during the criminal investigation and the appointment of an interim for this period,” Said Sergiu Litvinenco.
Prosecutor’s Office: “The current government’s level of understanding of the rule of law is unexpectedly low”
Shortly after the minister’s announcement, the Prosecutor’s Office representatives issued a note outlining the institution’s position on the changes to the law.
“The level of understanding by the current government of the principles of the rule of law is unexpectedly law and, at the moment, we do not see the point in commenting on anything else. The response of the Prosecutor’s Office to any attack on its institutional and procedural independence will be proportional to the gravity of such attacks,” it is mentioned in the note issued by Prosecutor’s Office.
Superior Council of Prosecutors: “The Council is deeply opposed to the way in which the institution of the Prosecutor’s Office is attacked”
The Superior Council of Prosecutors also came up with a reaction after the Minister of Justice, Sergiu Litvinenco, announced that he had registered a project on amending the Prosecutor’s Law, noting that “the Superior Council of Prosecutors is deeply opposed to the way in which, lately , the institution of the Prosecutor’s Office is attacked by serious accusations, which, however, have no legal foundation and are of a manipulative essence.”
“The Superior Council of Prosecutors is deeply upset by the way in which, lately, the institution of the Prosecutor’s Office has been attacked by serious accusations, which, however, have no legal support and are essentially manipulative. In the conditions of the endless series of unfounded accusations and distorted information about the activity of prosecutors, issued in the public space by the representatives of the governing forces, we attest that the country’s legal order is endangered, which clearly establishes the rules of separation of powers and their collaboration. Thus, as a natural reaction, the Superior Council of Prosecutors emphasizes the importance of compliance by all public authorities with European standards regarding the activity of the Prosecutor’s Office and, in this regard, to ensure fair information of society, we note that we will remain firm, by all means, provided by law, the constitutional position of guarantor of the independence and impartiality of the prosecutors,” it is mentioned in the Superior Council of Prosecutors note.
Expert: “Changing the law creates dangerous precedents”
The president of the Center for Legal Resources of Moldova, Vladislav Gribincea, claims that by amending the Law on the Prosecutor’s Office “every time the government does not like the prosecutor general creates dangerous precedents and puts the prosecutor general at the mercy of politicians.”
“I don’t think the law needs to be changed every time the government doesn’t like the Prosecutor General. Such practices set dangerous precedents and put the Prosecutor General at the mercy of politicians. No matter how well-intentioned the latter may be, a politically dependent prosecutor is more dangerous than one with modest performance. Stricto senso, the project seems to me according to the Constitution, but I do not understand what practical effect it will have. According to it, the release from the office of the Prosecutor General can take place only at the proposal of the Superior Council of Prosecutors. My imagination may be poor, but I can’t imagine how the current Superior Council of Prosecutors will propose the dismissal of Mr. Stoianoglo (Prosecutor General e.n.),” it is mentioned in the comment posted by Gribincea on Facebook.
According to Article 125 of the Constitution of Moldova, the Prosecutor General is appointed by the President of Moldova, at the proposal of the Superior Council of Prosecutors, for a term of 7 years, which cannot be renewed.
Alexandr Stoianoglo was appointed General Prosecutor of Moldova in November 2019. Alexandr Stoianoglo was a deputy and vice-president of the Parliament, being elected on the lists of the Democratic Party of Moldova. Stoianoglo entered politics in 2001, when he ran on the Democratic Party lists for the position of deputy, being on the 8th place in the list led by Ion Sturza, but which also included Dumitru Diacov and Vladimir Filat. His relaunch in politics took place after the events of April 2009, being, again, the 8th on the Democratic Party list in the parliamentary elections of July 2009. Immediately after the elections, Stoianoglo was promoted to the position of Vice-President of the Parliament. Stoianoglo also ran on the Democratic Party list in November 2010, being in the 11th place, Marian Lupu and the runaway oligarch Vladimir Plahotniuc being on the first two places. Stoianoglo became a deputy and was elected chairman of the Committee on National Security, Defense, and Public Order.