Moldovan government approves constitutional amendments to enforce justice reform

Chisinau, 6 April /MOLDPRES/- The cabinet of ministers today approved two draft laws amending and supplementing more provisions of the Constitution, meant to enhance the independence, impartiality and transparency of the Moldovan judiciary system and exclude any interference into the activity of prosecutors and judges, the government’s communication and press relations department has reported.

Prime Minister Pavel Filip said the new provisions reflect Moldova’s commitments to the EU, provided in the association agreement and road map on the agenda of priority reforms. Thus, according to the amendments, judges will no longer be appointed for a five-year term and the selection method of the judges of the Supreme Court of Justice (CSJ) will also be changed. Therefore, CSJ will be appointed by the Moldovan head of state at the proposal of the Superior Council of Magistrates.

The draft law also amends the provisions on the judges’ immunity, who will only be entitled to functional immunity and no longer to personal. It means that judges, regardless of their statute, will not be protected if involved in corruption acts or other offences.

During today’s meeting, the cabinet also amended the provisions of the Constitution on the appointment of the prosecutor general. According to them, the prosecutor general will be appointed by the head of the state, at the proposal of the Superior Council of Prosecutors for a seven-year term, without the possibility to renew his mandate.

Additionally, prosecutors that are lower on the hierarchy scale, will be appointed or dismissed by the prosecutor general only at the proposal of the self-management body - the Superior Council of Prosecutors. This procedure is provided in the recently adopted law on prosecution, due to enter into force in August 2016.

The amendments were carried out to enforce the National Action Plan on the implementation of Moldova-EU Association Agreement and comply with the provisions of the Strategy for the Justice Reform for 2011-2016.

(Editor L. Alcaza)