Moldovan prosecutor general asks Constitutional Court to verify constitutionality of way chief prosecutor is appointed in UTA Gagauzia
Moldova’s Prosecutor General Ion Munteanu submitted a notification to the Constitutional Court, thereby requesting the verification of the constitutionality of the procedure by which the chief prosecutor of the Autonomous Territorial Unit (UTA) Gagauzia and the subordinate prosecutors are appointed.
In the notification, the head of the General Prosecutor's Office points out that, according to the current legislation, the autonomy’s Chief Prosecutor is appointed by the general prosecutor, at the proposal of the Gagauzia People's Assembly. At the same time, lower-ranking prosecutors are appointed by the regional chief prosecutor with the consent of the same local authority.
Munteanu argues that this procedure contradicts provisions that stipulate the autonomy of the Prosecutor's Office within the judicial system and excludes any influence of the legislative or executive power in the process of appointing prosecutors.
According to Article 124 of the Constitution, the Prosecutor's Office is an autonomous institution within the judiciary, and the legislative and executive powers do not participate in appointing prosecutors to office, this task being exclusively carried out by the general prosecutor, at the proposal by the Superior Council of Prosecutors.
In his notification, the general prosecutor argues that the involvement of the People's Assembly of Gagauzia in the process of appointing prosecutors conflicts with the fundamental principles provided for in the Constitution.
The prosecutor general asked the high court to consider this situation and establish whether the current mechanism for appointing prosecutors in UTA Gagauzia complies with constitutional norms.
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