The Supreme Court of Justice on August 4 was to examine the challenge referring to the decision of the Supreme Council of Magistracy by which, based on appraisals of the Security and Intelligence Service (SIS), Chisinau Appeals Court judge Domnica Manole was declared incompatible with the post held. Manole’s lawyers invoked the exception of unconstitutionality of the provisions on judges of the law on holders of public posts and candidates for such posts. The hearing was postponed until August 10. A group of people demonstrated in front of the Court to show their support for Domnica Manole, IPN reports.
Domnica Manole said the Supreme Court of Justice, for unclear reasons, took a break to examine the solidity of the exception of unconstitutionality even if a Constitutional Court judgment says it clearly that only the Constitutional Court can pronounce on the exception of unconstitutionality.
The judge considers the examination of judges by the SIS, which is an executive body, represents a method of intimidating and influencing judges so that the inconvenient ones are removed from the system. According to her, the provisions of these law run counter to the international norms on the independence of judges, the constitutional principle of separation of powers in the state and the principle of presumption of innocence because the judges within such checks are unable to ensure effective defense.
“I maintain the position that the Supreme Council of Magistracy’s decision of July 4 concerning the incompatibility and dismissal of the judge from post is illegal. It is an abuse committed by the Supreme Council of Magistracy, while the decree that was issued by President Dodon and published in the Official Gazette violates my right to an effective remedy in the most flagrant way. Knowing that our challenge is to be examined by the Supreme Court of Justice, the President signed this decree ahead of time for unclear reasons,” stated Domnica Manole.
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.
