Experts to stay on vetting commission despite court ruling
International experts Herman von Hebel and Bernard Lavigne will remain on Moldova’s prosecutors' vetting commission, Parliament Speaker Igor Grosu confirmed Thursday, despite a Constitutional Court ruling invalidating their appointment procedure.
“They obviously will not be withdrawn from their positions. Why? Because the Court’s decision states that the effect is not retroactive,” said Grosu before the parliamentary session.
The speaker highlighted the role of development partners in nominating candidates for the evaluation bodies, specifically noting the Netherlands, von Hebel’s home country.
“The Justice Ministry and Parliament did not just draft a list on their own. Development partners provided a roster of experts, which included both candidates,” noted the speaker.
Lawmakers are awaiting the Court’s reasoned judgment before drafting legislative amendments to fix the legal discrepancies. Grosu dismissed opposition objections to von Hebel's appointment, claiming their only substantive argument concerned the expert's tea-drinking habits during hearings.
“I repeat: you cannot make these kinds of deals with us. We will analyze the Court's decisions and recommendations, and we will intervene where necessary,” said Grosu.
Constitutional Court ruling
Von Hebel and Lavigne initially received 53 votes in Parliament on Feb. 26, falling short of the 61-vote supermajority required at the time. A March 5 amendment lowered the threshold to a simple majority, allowing the ruling majority to appoint them.
Following an opposition challenge, the Constitutional Court struck down the amendment on Oct. 15. Court President Domnica Manole explained the change lacked a direct connection to the broader bill it amended, violating legislative procedures.
However, the ruling is not retroactive. “Its solution does not affect the acts issued based on the contested norms,” said Manole, confirming the mandate of the previously designated commission members remains valid.
Veronica Roșca, head of the parliamentary legal committee, confirmed the ruling Action and Solidarity Party (PAS) will analyze the Court’s arguments to align the legislation accordingly.
Translation by Iurie Tataru
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