SCM issued a negative opinion on the draft external evaluation of judges and prosecutors
The Superior Council of Magistracy (SCM) did not give an opinion on the draft external evaluation of judges and prosecutors. Three members voted in favour, but four - against. So the SCM rejected the government's proposal. However, the bill can still be voted on by parliament without this opinion. There is a risk that the evaluation mechanism will be repeated under another government, was the justification given by some SCM members.
"With all due respect, I will vote against the approval of this bill. I believe that this evaluation can be carried out as recommended by the Venice Commission - only if safeguards are put in place to ensure that this mechanism will be unique", said magistrate Sergiu Caraman.
"Your position is clear, although the draft indicates that the law ceases to have effect on the date of rejection by the Supreme Court of Justice of the last appeal lodged. But your opinion has a right to life," replied the interim president of the SCM, Nina Cernat.
"Ms Nina Cernat, I too would like to express my opinion. Indeed, the Venice Commission indicated in its opinion of 14 March that the legal guarantee introduced by the legislator in the law on external evaluation. So it is not a legal guarantee, but rather a political one, which would not be a barrier to repeat in the future such a process of evaluation of judges and prosecutors by another political force", said judge, member of the SCM, Maria Frunze.
"Dear colleagues, who is against? Four votes against," Nina Cernat noted.
On 21 March, the Chisinau Parliament adopted at first reading two draft laws on the work of the Supreme Court of Justice (SCJ). One law concerns the reorganisation and revision of the powers of the SCJ, and the second the evaluation of the integrity of the High Court judges.
