The SCM accuses the government of interference in justice

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photo source: noi.md

Posted by: trm.md

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22 Feb. 2020 / 17:28

The SCM accuses the government of interference in justice

The Superior Council of Magistracy (CSM) criticizes the authorities' intention to force the judges to pay from their own pocket for the files lost at the ECHR. In a press release, the Council says that the measures to be taken are illegal and blames government of interference in justice, reports Moldova 1.

In a press release, the SCM specifies that the statements of the authorities regarding the material liability of the judges for the sentences to the ECtHR are contrary to both the legal provisions and the recommendations of the international law institutions. The Council says that the measures to be taken in relation to the judges are illegal. The statement also states that the obligation of the legislative and executive power is to ensure and respect the independence of the justice and that the involvement in justice is permissible only through the adoption of constitutional laws and the elaboration of policies for reforming the sector.

"The statements of public officials broadcast in the public space regarding the material liability of judges and the entire judicial system, for the convictions to the ECtHR and the measures to be taken in relation to these judges, contravene both the legal provisions and the recommendations of international law institutions."

"The obligation of the legislative and executive power is to ensure and respect the independence of the judiciary, the involvement in the judiciary being admissible only by adopting constitutional and viable laws, by elaborating the policy documents in order to reform the justice," reads the statement.

Contacted by Moldova 1, the Minister of Justice, Fadei Nagacevschi, said that the reaction of the SCM is ridiculous and that in the coming weeks there will be presented a legislative mechanism by which the people who are guilty of losing the files against the Republic of Moldova to the European Court of Human Rights to be sanctioned.

"A corporatist attempt to defend abuses that occur in the judicial system. I found it very strange the approach by which the Minister of Justice and the other powers in the state, the Government and the Parliament are being criticized. We are analyzing different approaches, including criminal, disciplinary, civil, including how to adjust the instrumentation of bringing those actions backwards in order to repair the damage caused to the state,” said Fadei Nagacevschi.

Prime Minister Ion Chicu said that he relies on the support of MPs in promoting initiatives in this regard. The prime minister says that often in Moldovan justice there is a solidarity of guild, which causes the magistrates not to make decisions against each other.

"We will rely very much on the support of the deputies when we come up with the draft amendment of the law so that the judges can no longer defend those who have harmed by millions by blocking the backward actions of the Ministry of Justice. I was informed that after the more than 70 million lei that came for payment this week, as a result of losing a case yet in 2011, they come even bigger amounts," said Ion Chicu.

TRM.MD recalls that this week, Prime Minister Ion Chicu asked the ministry of finance to elaborate a project to rectify the state budget by reducing funding for the judiciary by 70 million lei, after the ECHR forced the Government of the Republic of Moldova to pay this amount, until May 18, due to a decision made in 2011. Chicu also asked the Minister of Justice, Fadei Nagacevschi, to speak to the General Prosecutor's Office to initiate the criminal prosecution of the persons who have damaged the state budget after losing the case in the Strasbourg court.

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