The Constitutional Court (CC) admitted the exception of unconstitutionality of the Law on the examination of holders and candidates for public posts, namely the provisions that refer to judges. The Court pronounced on an application submitted by Domnica Manole who was dismissed from the post of judge, IPN reports.
In the hearing, Domnica Manole said these norms run counter to the principle of separation of powers in the state and to the Constitution. The appraisals of the Security and Intelligence Service (SIS), which is an executive body, affect the principle of independence and usurp the powers of the judiciary.
According to the representatives of the Government and Parliament, the complaint is groundless as the SIS’s appraisals are consultative in character and the decisions concerning the activity of judges are taken by the Superior Council of Magistracy.
As a result of deliberations, the Court’s president Tudor Pantiru said the Court held that the fundamental law stipulates the independence and irremovability of judges. The independence of judges is a guarantee against external pressure when taking decisions and is justified by the necessity of enabling judges to fulfill the role of guardians of the human rights and freedoms. The examination of judges by the SIS interferes with the independence of the judicial power.
The CC ruled that Articles 5 letter a) and 15 paragraphs (2), (4) and (5) of the Law on the examination of holders and candidates for public posts seriously affect the principles of independence and irremovability of judges and violate the rule of law exigencies, being contrary to the Constitution. Furthermore, the Court will recommend Parliament to exclude legislative parallelism as regards the examination of the integrity of all the holders of public posts and candidates for such posts.
Last April, Domnica Manole passed a judgment by which the Central Election Commission was obliged to hold the constitutional referendum initiated by the Platform “Dignity and Truth”. The request to the Superior Council of Magistracy to allow investigating the judge was made following the Supreme Court of Justice’s decision saying that the given judgment was evidently illegal and the then CEC chairman Iurie Ciocan’s request to hold the judge accountable.
At the start of July, based on the appraisals of the Security and Intelligence Service, the Superior Council of Magistracy ruled that the judge of the Chisinau Appeals Court Domnica Manole was incompatible with the post of judge. The Council requested President Igor Dodon to dismiss her from post. The judge described then the decision as a political order and an illegal decision as this was taken in breach of the law. She said the Council’s decision was aimed at intimidating other judges who could follow her example and would not yield to the pressure of the administrative factor.
