The April 23 decision by which Parliament revoked its 2019 decision to appoint Domnica Manole as Constitutional Court judge represents defiance of the constitutional norms and of common sense, said constitutional law experts, noting a CC judge can be removed only by the decision of the Court’s members, while Parliament does not have any powers in this regard, IPN reports.
According to constitutional law teacher Alexandru Arseni, the revoking of the Parliament decision by which Domnica Manole was named CC judge in 2019 and the decision to name Boris Lupașco in her place are contrary to the Constitution and represent an attack on constitutional order.
“The principle of separation of powers in the state was violated. Furthermore, Article 136 of the Constitution clearly defines the structure of the Constitutional Court and says that two judges are named by Parliament, two by the Government and two by the Superior Council of Magistracy. But the proportion changed following the recent replacement. The Constitution also stipulates that the CC judges cannot be removed during their tenure, are independent and obey only the Constitution,” Alexandru Arseni stated in the talk show “Emphasis on Today” on TVR Moldova channel.
Ex-CC judge Alexandru Tănase said yesterday’s Parliament decisions are “legal stupidities”.
“The method by which the decision to appoint Domnica Manole was revoked is an intellectual fraud, legal cheating. The abrogation of the appointment decision does not have any legal effect on the mandate of the mentioned person. The constitutional judge can be removed only by the members of the Constitutional Court,” stated Alexandru Tănase.
After yesterday’s decision of Parliament, the Constitutional Court issued a press release, saying the Parliament decisions on the CC adopted by the PSRM-Shor majority are political in character and these documents do not produce legal effects.