GENERAL JUDGES MEETING WAS HELD IN VIOLATION OF PROCEDURE – PREMIER

Prime Minister Maia Sandu wrote on Facebook that the General Meeting of Moldovan Judges was held with flagrant violation of procedure: in lack of quorum established by the law and without taking into account the legal basis for recalling mandate from members of the Superior Council of Magistracy (SCM).

“As a result, all the so-called decisions of the General Meeting have no legal force and cannot be perceived seriously. I am sure that only judges have the right to decide who must become members of the SCM, delegating candidates from among themselves for this. However, it is unacceptable that this to happen by means of flagrant circumvention of legal norms”, she said, stressing that what has happened confirmed that the justice system purification has not started yet.

She promised further conducting of reforms in the judiciary, including, through external assessment of judges’ work.

Ex-Chairman of the Constitutional Court and ex-Minister of Justice Alexandru Tanase said to Infotag that in such a situation the court has the final word.

“I think the results of the meeting will be challenged in court and its decision will be final”, he stressed.

On Friday, September 28, the general sitting of judges failed to gather the necessary quorum to start the work. When finally 202 (according to other data 203) judges gathered – discussions started. The main topic was the dismissal of the current Superior Council of Magistracy. Opinions were expressed that the SCM members are subjected to the external influence. According to the decision, it was decided to dismiss Acting Chairman of the SCM Dorel Musteata, Victor Micu, Luiza Gafton, Petru Moraru, Nina Cernat, Anatol Galben and Anatol Pahapol (the latter was included in additional list for replacing incumbent SCM member in case of illness). Musteata already said he does not accept the sitting’s decision and will come to work on Monday.

Minister of Justice Olesea Stamate also criticized the sitting decision. She said that there were no legal grounds for the SCM dismissal, while the sitting was held with violation of law.