Supreme Court of Justice noted legality issues on Pre-Vetting Commission's decisions

Chisinau, 2 Aug. /MOLDPRES/- The Supreme Court of Justice (CSJ) came this evening with a reaction regarding the 21 administrative litigation cases initiated by the candidates for CSP and CSM, saying it "noted serious legality issues on the Pre-Vetting Commission's decisions".

After several criticisms, the CSJ came up with clarifications on the matter. Thus, in the document sent by the Monitoring and Public Relations Department of the CSJ, it is said that, on August 1, 2023, the Special Trial Panel of the Supreme Court of Justice issued irrevocable decisions admitting actions in 21 administrative litigation cases, initiated by judges, prosecutors and representatives from civil society, candidates for the positions of members of the Superior Council of Magistrates and the Superior Council of Prosecutors.

"The special court of the Supreme Court of Justice carried out an effective judicial control over the factual and legal issues relevant to the assessment and decisions issued by the Court. Thus, starting from the principle of the supremacy of the law in the activity of the Pre-Vetting Commission (Art. 21, 36 of the Administrative Code), the Supreme Court of Justice noted serious legality issues on the decisions of the Pre-Vetting Commission. The Supreme Court of Justice canceled the decisions of the Pre-Vetting Commission and ordered the re-evaluation of the candidates, because the violations are similar, starting from the erroneous interpretation of the substantive law rules that regulate the evaluation, especially of the undefined legal concepts, which form the legal basis of issuing the decisions of the Commission; wrong establishment of the facts and their biased assessment; unequal treatment for similar facts; interference in the rights of judges, prosecutors, and other candidates contrary to the principle of proportionality; misuse of procedural discretion; defeating the security of legal relationships; violation of the guarantees of the administrative assessment procedure, such as the right to a full examination of the facts, the right to a reasoned and impartial decision, the right to an effective hearing, the right to access the administrative file, the right to be effectively involved in the assessment procedure, the right to the effective collaboration in clarifying the state of facts and the right to a decision without discretionary errors in the evaluation of the evidence; violation of legitimate protection in the activity of public authorities that have previously dealt with candidates in the implementation of various legal relationships with candidates subject to evaluation; failure to apply the principles and norms that form the right to good administration; the interpretation of legal norms with retroactive effect and unfavorable to the candidates, but also other violations", the press release says.

The CSJ emphasized in each decision that any law, including Law no. 26/2022 must be applied taking into account legal realism, i.e. in the social-economic context of the Republic of Moldova, which was perpetuated from the Declaration of Independence until the adoption of Law no. 26/2022, where the judges, prosecutors and the rest of the officials and citizens have their residence and live.

"The Supreme Court of Justice detached itself from any influence, including politics, and put objective facts and laws in the balance of justice, taking into account the Supremacy of the Law, the Separation of Powers in the State, the dignity of man in general and that of judges and prosecutors in particular. The decisions of the Supreme Court of Justice are irrevocable, binding and to be executed according to the law. They can be criticized in various articles, monographs and other scientific works. The Supreme Court of Justice recommends politicians, the government, interest groups, the media and any person to refrain from humiliating labels, public lynching and televised justice," the statement reads.

On August 1, 2023, the CSJ canceled 21 decisions not to promote candidates to positions in the Superior Council of Magistracy (CSM) and the Superior Council of Prosecutors (CSP), as follows: Angela Popil, Vladislav Holban, Alexei Panis, Anatolie Gîrbu, Veronica Cupcea, Alexandru Rotari, Stanislav Sorbalo, Valentin Caisin, Ion Chirtoacă, Vitalie Codreanu, Vitalie Stratan, Angela Bostan, Aureliu Postică, Victor Sandu, Nicolae Șova, Aliona Miron, Cristina Gladcov, Tatiana Chiriac, Ecaterina Buzu, Mihail Bușuleac and Sergiu Osoianu , and ordered their re-evaluation by the Pre-Vetting Commission. After the CSJ decisions, politicians and the Pre-Vetting Commission also reacted.