Policy Brief No. 4/2020. The extraordinary evaluation of the actors in the justice sector: How and under what conditions can it be implemented?

Author: Iulian RUSU

On July 16, 2020, the Parliament of the Republic of Moldova excluded from the agenda the draft Decision of the Parliament on the appointment of Ms. Viorica Puica as a judge at the Supreme Court of Justice, and subsequently on July 20, 2020 did not include this topic on the agenda. The SCM presented the candidacy of Ms. Puica on June 9, 2020.

At the same time, on July 28, 2020, the SCM promoted for appointment two controversial judges – Vladislav Clima to the position of chairman of the Chisinau Court of Appeal, which was part of the panel that upheld the decision to annul the results of the new elections in Chisinau in the summer 2018 and Tamara Chișca-Doneva to the position of vice-chairwoman of the Supreme Court of Justice, which was part of the panel that issued the decision on the case of Gemenii SA, which was later considered arbitrary by the ECtHR.

The above are additional arguments to support the implementation of the extraordinary evaluation of actors in the justice sector. Although the Ministry of Justice launched initiatives with similar content in 2019 and 2020, the subject of the extraordinary evaluation of justice actors, remains for the time being a desideratum without continuity.

This document was developed within the project “Support for the development and implementation of policies in the field of justice in the Republic of Moldova”, implemented by IPRE, with the financial support of the European Union. The content of the document is the sole responsibility of the authors and does not necessarily reflect the vision of the European Union.