There are no preconditions for the bill to amend the Constitution that is on the agenda of today’s sitting of Parliament not to be supported by the Socialist MPs, said the acting president of the Party “Dignity and Truth Platform” Dinu Plângău, according to whom the bill was agreed with the country’s foreign partners and is beneficial to the judicial system of Moldova, IPN reports.
Under the bill to amend the Constitution, the initial five-year period when appointing judges will be excluded. These will be named by the President at the suggestion of the Supreme Council of Magistracy until they reach the age limit. The judges will benefit only from functional immunity and they will not enjoy immunity in cases of influence peddling or bribery.
“During the previous legislature, a working group was set up under the Ministry of Justice with the support of experts of the Council of Europe. The bill was appraised by the Venice Commission. I don’t think the opposition MPs have reasons not to vote for it, especially because the working group involved the then minister of justice, who represented PSRM,” Dinu Plângău stated in the program “Emphasis on Today” on TVR Moldova channel.
In accordance with the amendments proposed to the Constitution, the judges of the Supreme Court of Justice will be named to post by the President of the Republic of Moldova at the suggestion of SCM. Parliament is excluded from the process so as to reduce political influence on the appointment of judges.
“Currently, the judges of common law courts and the Appeals Court are nominated by the President at the suggestion of the Supreme Council of Magistracy. There is duality of participation in this process. SCM is the decisive factor, while the President is the formal, technical factor. Now, if Parliament refuses to name a judge at the Supreme Court of Justice, nothing happens as it is a political body. That’s why we have judges who wait for three-four years to be appointed. Therefore, this prerogative was delegated, by the model of the courts of law, to the President,” stated Plângău.
A bill to amend the Constitution is adopted by a constitutional majority, which is by the votes of at least 68 MPs. The parliamentary group of PAS has 63 seats of MP and needs five more votes to adopt these amendments.