CC declared unconstitutional the article based on which Alexandr Stoianoglo was evaluated
The article based on which Alexandr Stoianoglo was evaluated as general prosecutor was declared unconstitutional by the magistrates of the Constitutional Court (CC). Also, the constitutionality exception was partially admitted. This was announced by the president of the High Court, Nicolae Roșca.
"Article 31 of the Law on the Prosecutor's Office is declared unconstitutional," declared the president of the Constitutional Court, Nicolae Roșca.
At the same time, the president of the CC mentioned that two judges, Nicolae Roșca and Liuba Șova, formulated separate opinions.
At the same time, Alexandr Stoianoglo's lawyer, Iurie Mărgineanu, stated that he could return to the position of Prosecutor General, after today's decision of the Constitutional Court, which, according to him, "is a small door" in this regard. The lawyer says that after consulting with his client, he will decide what steps he will take in court.
We remind you that the European Court of Human Rights (ECtHR) decided compensation of 3,600 euros for Alexandr Stoianoglo. The ECtHR found through a decision that the former general prosecutor did not have the opportunity to contest his suspension from office.
However, the Court determined that the interruption of Stoianoglo's mandate was justified in the context in which his duties as head of the public prosecutor's office gave him control over criminal investigations. Stoianoglo was suspended in 2021, being criminally investigated on several charges: passive corruption, abuse of office and false statements.
Later, after the pronouncement of the ECtHR decision, Alexandr Stoianoglo declared in a press conference that he would challenge in court the presidential decree by which he was released from office.
The decree by which Alexandr Stoianoglo was released from office was signed on Tuesday, September 26, by the head of state Maia Sandu, based on the decision of the Superior Council of Prosecutors of May 23, 2022.
"Considering that the ruling of a decision by the courts on the finding of the legality of the dismissal of Alexandr Stoianoglo by the CSP is delayed, the signing of the decree comes in the context of the recommendations of the European Union to ensure the fulfillment of the position of Prosecutor General and the obligations of the Republic of Moldova to fulfill the conditionalities of the justice system", reads a statement of the Presidency.
We remind you that Alexandr Stoianoglo was detained on October 5, 2021 and he was suspended from his position. He was under house arrest until March 2022. He is being investigated for passive corruption, false statements, abuse of office and abuse of office. On April 23, he was indicted for illicit enrichment in a case filed last year in which he was a suspect. According to the investigators, the level of his real income exceeded by almost 70 thousand lei the value of the income declared at the Tax Office. The reason for filing the case was the procurement of a car worth 340 thousand lei.
On January 26, 2023, Alexandr Stoianoglo submitted a request to the General Prosecutor's Office requesting the cessation of illegal practices of persecuting public officials through the use of criminal prosecutions for illicit enrichment.
On May 23, the Supreme Council of Prosecutors (CSP) proposed to President Maia Sandu the revocation of the suspended general prosecutor, Alexandr Stoianoglo, because he was rated "unsatisfactory" by a special commission that evaluated his activity. Stoianoglo scored 2.19 points. According to the law "On the Prosecutor's Office", such an assessment can be a reason for revocation. The commission evaluated Alexandr Stoianoglo's work according to eight criteria. He received the highest score for "quality of planning of the Prosecutor's Office" - 5.81 points, and the lowest score "4.51" - for "institutional efficiency and contribution to the improvement/decrease of trust in the Prosecutor's Office".
We remind you that the procedure for evaluating the performance of the then general prosecutor Alexandr Stoianoglo was initiated by the Decision of the Superior Council, following the formulation of a notification by the president Maia Sandu.
