Following the entry into force of the law, in order to activate the new mechanism of pre-selection of candidates for the position of Prosecutor General, but also for the withdrawal of the censure motion, the law for which the Government has assumed its responsibility will be sent to the Venice Commission. This is the proposal put forward by Prime Minister Maia Sandu in order to "break the deadlock". "I make a public commitment not to send the short list of candidates to the Superior Council of Prosecutors before receiving the Venice Commission's opinion on the law," the chief of the executive said at a press conference, IPN reports.
“The Republic of Moldova needs functional justice. Unfortunately, not all Moldovan politicians want this functional justice, a true justice in which citizens have confidence and which works only for the citizens. This is impossible with a general prosecutor who has integrity issues and who is at the risk of executing political orders. We want to ensure the appointment of an honest prosecutor in the current political context and this is not easy,” the prime minister noted.
On November 6, the Government undertook responsibility for the draft law aimed at amending the procedure of pre-selection of candidates for the position of Prosecutor General. In the prime minister's opinion, this is the only solution to avoid appointing a general prosecutor with integrity problems for the next seven years. However, the new mechanism envisages the prime minister's responsibility for the pre-selection of candidates. "This mechanism is similar to the procedure voted in Parliament in September, with the support of the Socialist group. Then, the Socialists approved the pre-selection of candidates by the Ministry of Justice, now they oppose the preselection by the Prime Minister. Suspicious decision," said the head of the cabinet.
According to Maia Sandu, in several states with developed and functional democracies, the executive participates in the appointment of the Prosecutor General. The Venice Commission mentions in several published opinions that the Government's willingness to get involved in the process of selecting the Prosecutor General is reasonable since combating crime is crucial to the proper functioning of state institutions. "According to the Commission, the selection of the Prosecutor General must be done in such a way as to gain public confidence and the involvement of the executive and legislative powers adds more democratic legitimacy to this process. Therefore, the Government's involvement in this process is necessary, especially under the current conditions”, declared Maia Sandu.
On November 8, the Socialist Party filed a censure motion as a result of the Government's commitment to amend the Prosecutor's Law.