The Democratic faction in the Parliament has lodged a complaint with the Constitutional Court regarding the reform of the Prosecutor's Office, adopted last week by the MPs. According to Sergiu Sirbu, the fact that now the election of the Prosecutor General is in the hands of the Government violates the supreme law. The Democrats also notified the Court about the appointment of Dumitru Robu as ad interim Prosecutor General.
The Democratic faction called for emergency verification of the constitutionality of all the acts voted in Parliament regarding the Prosecutor's Office. The PDM MPs believe that all these decisions not only violate the supreme law, but also the international standards. According to Sergiu Sirbu, the Court should suspend these laws, because it prejudices the independence of the Prosecutor's Office.
'The Prosecutor's Office has been politicized, has been subject to the current Government. And what concerns the competition for the position of Prosecutor General is a mockery, as the Parliament got involved in the activity of the Superior Council of Prosecutors, how it stopped the competition and the new conditions for appointing the general prosecutor is totally politicized', said Sergiu Sirbu, PDM MP.
The president of the Democratic Party, Pavel Filip, who referred to Article 125 first of the Constitution, which clearly states that the Supreme Council of Prosecutors is the guarantor of the prosecutors' independence, is of the same opinion.
'Please tell me, how can the CSP continue to be the guarantor of prosecutors' independence, when in fact it has virtually no role under this law in appointing the Prosecutor General? From my point of view, it is obvious that this project is one that it contravenes the Constitution of the Republic of Moldova', said Pavel Filip, PDM MP.
Former president of the Constitutional Court Alexandru Tanase argues that the prosecution reform also contains unconstitutional elements. Tanase also says that he was expected to file this complaint by the head of state, Igor Dodon, because that would be in the interest of the rule of law.
'This notification will also be the first test that the current Constitutional Court will have to pass in order to convey a message to the company, how free it is in its actions to make decisions that may not be in the power's favor', said Alexandru Tanase, former president of the Constitutional Court.
The amendments to the law of the Prosecutor's Office were published in the Official Gazette. They provide for the Prosecutor General to be appointed by another procedure. Specifically, the Ministry of Justice will set up a special commission that will select two of the best potential candidates for the position of Prosecutor General, which it will propose to the Superior Council of Prosecutors. In return, the CSP will choose one of the competitors and only then will propose it to the head of state for approval.
At the same time, the approval of the claimants will be done by three national and international experts, among them one appointed by the President of the Parliament, another with extensive experience in the areas of the Prosecutor's Office or Anti-Corruption and one from the sphere of law.