{"id":6491,"date":"2021-02-01T14:30:00","date_gmt":"2021-02-01T12:30:00","guid":{"rendered":"https:\/\/www.zdg.md\/en\/?p=6491"},"modified":"2021-02-26T16:33:13","modified_gmt":"2021-02-26T14:33:13","slug":"connections-and-conflicts-of-interest-between-candidates-and-members-of-the-contest-commission-for-the-position-of-ecthr-judge","status":"publish","type":"post","link":"https:\/\/www.zdg.md\/en\/connections-and-conflicts-of-interest-between-candidates-and-members-of-the-contest-commission-for-the-position-of-ecthr-judge\/","title":{"rendered":"Connections and Conflicts of Interest Between Candidates and Members of the Contest Commission for the Position of ECtHR Judge"},"content":{"rendered":"\n

The contest for the position of Moldova\u2019s judge to the European Court of Human Rights for the next nine years happens against a background of conflicts of interest and allegations of lack of integrity between candidates and Commission members. One Commission member has reported that he had an interest conflict at the first Commission\u2019s meeting.<\/p><\/div>\n\n\n\n

On January 15, 2021, the Ministry of Justice published the list of the Commission members who will select a candidate for the position of a judge to the ECtHR. The Commission includes 18 members and they must nominate three candidates for the position of the ECtHR Judge by January 29. In the next step, the Parliamentary Assembly of the Council of Europe will select the winner in a plenary session.<\/p>\n\n\n\n

\u201cWE HAVE NO LEGAL AUTHORITY
TO DECIDE UPON COMMISSION MEMBERS.\u201d<\/strong> On January 14, President Maia Sandu, in a letter addressed to the Government and the Ministry of Justice, requested Pavel Abraham\u2019s withdrawal from the Commission, a member appointed by the former president Igor Dodon. Judge Viorica Puic\u0103 was appointed in his place. The presidential adviser on justice Olesea Stamate stated that Pavel Abraham\u2019s withdrawal was due to his doubtful integrity. Subsequently, ZdG wrote that the Commission member appointed by Igor Dodon would be a controversial official in Romania. Despite the accusations and ignoring the president\u2019s request, the Commission\u2019s first meeting took place the following week with Pavel Abraham as a member. The Commission members argued that
they have no authority to exclude any members.
\u201cIt\u2019s a sensitive issue. The Commission members have all been put in an embarrassing situation; in fact, someone tried to force us to make decisions that do not fall within the Commission\u2019s jurisdiction. According to the law and the Government\u2019s decision, we cannot decide upon members of the Selection Commission. It is a conflict between the Presidency and the Government. Only these two institutions can resolve the issue,\u201d says deputy Dinu Pl\u00e2ng\u0103u, member of the Selection Commission.<\/p>\n\n\n\n

CONNECTIONS AND CONFLICTS OF INTEREST BETWEEN CANDIDATES AND COMMISSION MEMBERS<\/strong> During the first meeting, the Commission examined the files of the 13 contest candidates. The members selected eleven contenders during the interview test. ZdG identified connections between the candidates who passed for the next round and Commission members, which could lead to conflicts of interest. According to the Commission members, Minister of Justice and President of the Commission Fadei Nagacevschi was the only member to notify the conflict of interest at the first meeting. ZdG analyzed the CVs of the eleven remaining candidates, following their links and relevance to the Commission members.<\/p>\n\n\n\n

FIRST CANDIDATE: VLADISLAV GRIBINCEA\u2019S LINKS<\/strong> The candidate for the position of ECtHR judge, Vladislav Gribincea, has worked in the non-governmental sector since 2002. Since 2010, he has been President of the Center for Legal Resources in Moldova. The candidate indicates in his CV that he was an expert in developing the Justice Sector Reform Strategy for 2011-2016 and the reform of the legislation on judicial organization, civil procedure, and criminal procedure. At the same time, he led the experts team that drafted the legislation on the reform of the Prosecutor\u2019s Office of Moldova. Contender Gribincea participated in developing the Law on Freedom of Expression and the Law on the Government Agent.
In 2006-2010, Gribincea worked in an association of lawyers for human rights, alongside Fadei Nagacevschi, the President of the Commission for appointing the ECHR Moldovan judge. The Commission members know the two have kinship ties, as Nagacevschi notified this conflict of interests. At the same time, Fadei Nagacevschi\u2019s father, Vitalie Nagacevschi, is Gribincea\u2019s wedding godfather.
In the years 2002-2004, Vladislav Gribincea carried out didactic activities at the Faculty of Law of Moldova State University, together with another member of the Commission Violeta Cojocaru. In 2010-2018, the contender Gribincea worked together with two Commission members- Violeta Cojocaru and Mariana Timotin.<\/p>\n\n\n\n