Moldovan Constitutional Court declares unconstitutional provisions on evaluation of prosecutor general

Chisinau, 9 November /MOLDPRES/ - The Constitutional Court (CC) today declared unconstitutional some provisions which regard the procedure of evaluation of the prosecutor general.  

The norms appealed were establishing that, in order to assess the activity and the compliance with the office held, the performances of the prosecutor general are evaluated by a commission for evaluation of these performances, set up by the Superior Council of Prosecutors (CSP).   

„Taking into account that the prosecutor general exercises a constitutional mandate, the providing to CSP of power to regulate the criteria of evaluation of the prosecutor general’s performances significantly diminishes the stability of the constitutional mandate of the prosecutor general. Therefore, the Court stressed the need for the parliament to clearly establish, under law, the criteria of evaluation of the prosecutor general’s performances. The Court concluded that the Article 31 1, paragraph 5, from the law on the prosecutor’s office, in the version before the entrance into force of the Law No 280 from 6 October 2022, which gave CSP the power to establish the criteria of evaluation of the prosecutor general’s performances, does not observe the exigency provided for in the Constitution, according to which the prosecutor general can be dismissed under the law for objective reasons,’’ a CC judge, Serghei Turcan, said.      

The CC’s ruling is final, cannot be subjected by any way of appeal, enters into force on the date of adoption and is published in the Official Journal (Monitorul Oficial).