Moldovan top court approves initiative on amending appointment of Prosecutor General

Chisinau, 19 April /MOLDPRES/- The Constitutional Court (CC) today approved a draft law on amending the Constitution, providing for changing the procedure of Prosecutor General's appointment. The document is to be submitted to parliament for consideration.

The draft law sees that the prosecutor general is to be appointed by the president, at a proposal by the Superior Council of Prosecutors, for a seven-year mandate, which cannot be renewed. Presently, the prosecutor general is appointed by the parliament, at a proposal by parliament speaker.

“The prosecutor general is dismissed from office by the president, at a proposal by the Superior Council of Prosecutors, according to the legislation for objective reasons and on the ground of a transparent procedure”, the document says.

Also today, the CC approved a draft stipulating that the judges would be appointed to office by the president, at a proposal by the Superior Council of Magistracy (CSM), under the law, until reaching the mandatory retirement age. “The head of state can reject the candidate put forward by CSM only one time”, the draft says.

The draft establishes that the judges have only functional immunity under the law, and CSM's consultation is mandatory in elaborating, considering, approving and amending the state budget, as regards earmarking financial means for the law courts.

“The Superior Council of Magistracy is made up of magistrates, elected by the General Assembly of Judges, representing all levels of courts, as well as members of  the civil society with experience in the law sector. The Justice Minister is a CSM member. The members of the institution are elected or appointed for a six-year mandate, without having possibility to hold two mandates in a row,” the draft says.

Both approvals are final, cannot be subject to any appeal, enter into force on the date of the adoption and are published in the Official Journal of Moldova (Monitorul Oficial). Amendments can be submitted after at least six months upon the date of presentation of the initiative on amending the Constitution.

The amendments are made in accordance with the new law on Prosecution, which will enter into force on 1 August 2016.

(Reporter A. Plitoc, editor M. Jantovan)