Ministry of Justice wants to strip corrupt judges of immunity
Judicial immunity should be limited only to the functional framework and should not become a privilege that is above the constitutional norms and allows judges to get away scot-free, stated Justice Minister at a roundtable on the responsibility and independence of the judges, Info-Prim Neo reports.
The Minister suggested that judicial immunity should be lifted automatically for the judges suspected of corruption, arguing that immunity is not an end in itself or an exclusive right of the judges.
“This is a right of society that needs and impartial arbiter appointed to solve a dispute or judge an offense against society. Thus, immunity should allow the judge the freedom to act as he or she sees fit in carrying out his functions, or in other words to afford him a functional independence”, explained Oleg Efrim.
Such provisions are included in a set of proposed laws regulating the judicial system, developed by the Ministry of Justice, approved by the Government and currently examined by Parliament. Efrim also announced that another bill will be developed by the end of the year to reform the mechanism of disciplinary punishments for the judges.
A group of German experts that were invited to evaluate the reforms in the judicial system praised the Ministry's initiatives. They observed that the institution of judicial immunity, adopted in the countries that obtained independence in the wake of the Soviet Union's collapse, is not found in advanced democracies, and where it exists, immunity has become an instrument that often protects corrupt judges.
The roundtable brought together members of the Superior Council of Magistrates, judges from Moldovan courts, representatives of the General Prosecutor's Office and the Anticorruption Prosecution Service, as well as NGO members. The event was held with the support of the German Foundation for International Legal Cooperation.
