Moldovan government votes disciplinary prosecution of Constitutional Court judge

Chisinau, 13 May /MOLDPRES/ - The government, at a today’s meeting, voted the disciplinary prosecution of the Constitutional Court (CCM) judge, Nicolae Rosca. The document will be submitted to the CCM president, Domnica Manole.  

Justice Minister Fadei Nagacevschi reasoned that the initiation of this procedure had arisen from a statement made by judge Rosca at the session of the Constitutional Court, which considered the constitutionality of the governmental agreement on the loan from Russia. The magistrate at that time said that ‘’we did not die either after the disappearance of one billion from the state budget and neither we will die after these 200 million.’’   

According to Nagacevschi, the statement by judge Nicolae Rosca is ‘’inadmissible for the status of judge of the Constitutional Court, and seriously hits the Constitutional Court’s image also for the aforementioned reasons. ’’   

According to Moldova’s constitutional jurisdiction code, the disciplinary prosecution of a CCM judge can be started only based on a written notification, made by the authorities in charge of appointing judges to the Constitutional Court. After receiving the notification, the CCM president appoints a panel for the disciplinary prosecution, made up of two judges.      

If the panel of judges finds out that the notification is groundless, the cause is quashed under a decision by the president of the Court or of the Court. At the same time, if the panel of judges describes the notification as grounded, it will compile a report, which it will submit to the Constitutional Court.   

The Constitutional Court can impose against its judges, depending on the seriousness of the infringement, the following disciplinary sanctions: a) warning; b) reprimand; c) lift of the mandate of the Constitutional Court’s judge.