Moldova MP proposes Constitutional Court reform
On Monday, unaffiliated MP Olesea Stamate introduced a draft law to amend the process of appointing Constitutional Court judges in the Republic of Moldova.
The initiative comes as the terms of five of the six judges on the Court are soon to expire, with the stated goal of preventing the institution's politicization and strengthening public trust in the independence of constitutional justice.
"The Constitutional Court serves as the supreme guarantee for upholding the Constitution, the separation of powers within the state, and the protection of fundamental rights. For this institution to fulfill its mission legitimately and efficiently, it is essential that the appointment process for constitutional judges be transparent and based on apolitical merit," the MP stated.
Stamate highlights that Law No. 74 of 2025, in its current form, merely distributes appointment powers among Parliament, the Government, and the Superior Council of Magistracy, without establishing "a clear selection mechanism" or "objective eligibility criteria."
"Provisions regarding any selection procedure are completely absent. This gap increases the risk of politicizing the institution and appointing individuals based on clientelistic or opaque criteria, thereby undermining the Constitutional Court's credibility," she explained.
The project presented by the MP seeks to fully implement the recommendations formulated by the Venice Commission, particularly those in paragraphs 64 and 65 of its latest opinion.
"Introducing criteria designed to promote transparency would significantly strengthen public trust in the Constitutional Court, without undermining the independence of the judiciary or the sovereign nature of the appointment process. Consequently, the Venice Commission recommends that the draft law include specific provisions enshrining the principle of transparency in the nomination process for Constitutional Court judges," Stamate continued.
Among the main amendments proposed by the MP are: the establishment of a public selection procedure (by supplementing the law with a new article that provides for file analysis, public interviews, and reasoned decisions regarding candidate selection, organized by Parliament, the Government, and the SCM); and the introduction of a qualified majority in Parliament (specifically a 3/5 vote of deputies) for the appointment of judges, to prevent the political monopoly of the majority party.
Additionally, the MP proposes extending the eligibility criteria by adding two new conditions: candidates must not have been members of a political party or held political positions in the last 3 years, and they must have demonstrated impartiality and independence in previous professional activity.
According to the MP, these measures will ensure a fair process, strengthen the Court's independence, and prevent political interference.
Finally, the former PAS MP appealed to current parliamentarians to support the initiative, emphasizing the reform's importance for constitutional democracy: "Supporting this project will contribute to the depoliticization of the appointment process, strengthen the Court's professionalism and integrity, and enhance transparency."
The Constitutional Court has informed Parliament, the Government, and the SCM that the terms of five out of six constitutional judges expire this summer. The institution urged the authorities to urgently initiate appointment procedures to prevent institutional blockages. The terms of judges Serghei Țurcan (SCM), Domnica Manole and Vladimir Țurcan (Parliament), Liuba Șova and Nicolae Roșca (Government) conclude by August. Only Judge Viorica Puica, appointed in 2023, will continue her term until 2029.
So far, only the SCM has launched the competition for a new constitutional judge. Parliament has forwarded the request to the Legal, Appointments and Immunities Committee, while the Government has not yet provided any response.
Translation by Iurie Tataru
