Expert qualifies the conduct of contest to select acting general prosecutor 'unconstitutional'
The conduct of contest to select acting general prosecutor before the Constitutional Court magistrates offer a clarity regarding the selection procedure is a defiance of the supreme laws and international practice of human right. This was the opinion of constitutional expert Teodor Cîrnaț, who criticized fiercely the way the Sandu cabinet interpret the legal reform.
"This contest is conducted on basis of unconstitutional law which was contested in a complaint at the Constitutional Court", constitutional expert Teodor Cîrnaț said in Fabrika show.
The Democratic Party was the one who notified the Constitutional Court (CC) the new selection procedure of general prosecutor. The CC has not yet answered to the complaint and said the institution was asking for the Venice Commission's opinion.
According to the magistrates, the response would be in December, depending on the agenda of the European legal advisory institution.
Teodor Cîrnaț said Vladislav Gribincea could reach the General Prosecutor's Office.
"Even if the Constitutional Court later says that the law by which this contest was organized is unconstitutional, the Court's decision will have effect in the future, at another contest of the general prosecutor, which means that the current general prosecutor who is selected on the basis of an unconstitutional law,"said Teodor Cîrnaț, constitutional expert.
Neither Prime Minister Maia Sandu nor her adviser, Anastasia Condruc, answered the phone to comment on Teodor Cîrnaţ's statements.
On Wednesday, after the Government meeting, Maia Sandu strongly stated that the representatives of the Venice Commission cannot expose negatively on the law of the prosecutor's office.
"We have prepared these changes to the law, so that it can not raise negative concerns or objections even from the Venice Commission. Do not worry," said Maia Sandu, prime minister.
Teodor Cîrnaţ also mentioned that PM Maia Sandu deliberately violates the Constitution and does not tolerate the General Assembly of Judges, who will elect new members to the Supreme Council of Magistracy.
"In my opinion, this is an interference from the executive power both in relation to the Prosecutor's Office, because the government has nothing to do in the selection of general prosecutor and the Sanbu cabinet is not entitled to dictate to the judges who should be elected in the Supreme Council of Magistracy".
Mai Sandu implied that the government could oppose the selection of other members of the Supreme Council of Magistracy (CSM).
"Certainly the Government will not allow judges to flagrantly violate the law, because this is happening. What happened in the previous meetings was a violation of the law and it should not be continued. We will come up with much tougher measures including legislation", Maia Sandu said.
A new Extraordinary General Assembly of Judges is about to take place today. In this meeting, the magistrates will elect new CSM members.