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Posted by: Mazur Rodica
News / Social
24 Sep. 2021 / 12:21
Experts: Appointment of full members in the SCM, a priority element for the independence of the judiciary
Justice reform will be successful and credible only if it is not challenged by society. This is the opinion expressed by lawyers during the show "Moldova Live". The guests welcomed the political consensus for approving the amendments to the Constitution, meant to strengthen the independence of the judiciary, but also mentioned that the priority element remains the appointment of full members in the Superior Council of Magistracy (SCM), Moldova 1 reports.
With regard to the SCM, the amendment provided for the exclusion of the Prosecutor General and the Minister of Justice from the composition of the SCM. In total, there will be 12 members, six of whom will be judges, and another six from outside the system, who will be elected by parliament. According to experts, it is through this exercise that deputies must show responsibility.
"They have to name deeply moral people, this is the key element of the SCM member. It does not necessarily matter to have legal education. But if Parliament continues to follow the same path of appointing loyal people close to power, no reform effort will yield any results. It will reach, in the best case, a re-subordination of justice from a regime that left a regime that came," said the former president of the Constitutional Court, Alexandru Tănase.
The constitutional expert, Teodor Cârnaţ, claims that until the appointment of the SCM members, they must also pass an integrity filter.
"Both at the CMS and at the Superior Council of Prosecutors, if they are appointed as integrity persons, we could give up this external evaluation, which I criticize and which I consider could be a priori unconstitutional. The evaluation should go through the SCM, so the judges will be evaluated by a reformed SCM, with members appointed according to new criteria. Thus, the trust in the act of justice will appear, little by little, from the population," says Teodor Cârnaţ, expert in constitutional law.
At the same time, according to experts, a real reform is not done in a single mandate, it may take decades.
"We have people in court, in principle, honest, but who have serious problems in terms of professionalism. It will take years for our justice system to produce a result that we can see at the highest standards. For ten years, I think it is an optimistic horizon," said Nicolae Eşanu, former Secretary of State of the Ministry of Justice.
The draft law on constitutional amendments was approved at yesterday's sitting of the Parliament with the vote of 86 deputies.
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