The Constitutional Court of Moldova delivered a positive Opinion on constitutional amendments concerning the judiciary

On 19 April 2016 the Constitutional Court delivered its Opinion on the draft law to revise and supplement the Constitution of the Republic of Moldova (Application no. 41c/2016).  

Circumstances of the case

The case originated in an application lodged with the Constitutional Court on 12 April 2016 by the Government.

In essence, the draft law proposes:

- On the status of judges:

(1) Appointment of Supreme Court judges by the President of Moldova, similarly to the judges sitting in ordinary courts and courts of appeal;

(2) Initial appointment of the judge in office until reaching the age limit fixed by the law, by excluding the initial appointment for a period of 5 years;

(3) Granting of only functional immunity to judges.

- On the budget of courts of law:

(1) Mandatory Consultation of the Superior Council of Magistrates in the drafting and modifying the State Budget in respect of the budget allocated to the judiciary;

(2) The Superior Council of Magistrates’ right to submit proposals to the Parliament on the budget necessary for the judiciary.

- On Superior Council of Magistrates:

(1) Modifying the structural composition of the CSM, by excluding the Prosecutor General and the President of the Supreme Court from its composition;

(2) Establishing a 6 year term for a member’s mandate, which may not be renewed.

The Constitutional Court delivered its Opinion on the application in the following composition:

Mr Alexandru TĂNASE, president,

Mr Aurel BĂIEŞU,

Mr Igor DOLEA,

Mr Victor POPA, judges

Conclusions of the Court

Examining the casefiles, the Court held that the initiative to revise the Constitution has been submitted by the Government, which is an authorized subject (Article 141.1.c of the Constitution).

The Court ascertained that the proposed constitutional amendments, according to which judges shall be appointed until reaching the age limit, will provide stability to the mandate of judges - a fundamental element of judicial independence.

With regards to the appointment of judges of the Supreme Court by the President of Moldova, unlike the current situation where they are appointed by the Parliament, the Court found that, according to the author of the draft law, it will reduce the influence of political factors and it will uniform the procedure of appointing judges in all national courts.

Also in respect of the modifications in the structure and the term of office of members of the Superior Council of Magistrates, the Court noted that the operated amendments shall strengthen the role of this institution as guarantor of judicial independence.

Opinion of the Court 

Stemming from the above reasoning, the Court found that the legislative proposal to amend and supplement the Constitution does not infringe upon the limits of revision provided for in Article 142 of the Constitution and may be submitted for examination before the Parliament.

At the same time, pursuant to Article 143.1 of the Constitution, the constitutional draft law may be adopted following at least 6 months from the date when the initiative for amendment of the Constitution has been submitted.

The Opinion of the Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Journal of Moldova.

This press release is also available in its original version, in Romanian language.