The Action against Corruption in the Republic of Moldova presented national authorities and civil society organisations with the results of its assessment on the composition and operation of the Superior Council of Magistracy (Consiliul Superior Al Magistraturii - CSM) at an online workshop on 24 February 2021. The event brought together representatives of the Superior Council of Magistracy, Ministry of Justice, judiciary, civil society organizations and international partners to discuss the results in light of proposed constitutional changes in Moldova.
Ms Hanne Juncher, Executive Secretary of GRECO, H.E. Mr. Derek J. Hogan, US Ambassador to Moldova and Ms Luiza Gafton, Acting Chair of the CSM addressed the participants in the opening session. In her address, Ms Juncher noted that the Council of Europe continues to closely follow the reform processes under way in the Republic of Moldova. The draft constitutional amendments currently under discussion in Parliament represent a positive step in bringing the role of the CSM closer to international standards. She expressed her hope that these amendments will soon be adopted and fully implemented.
Ambassador Hogan noted that the assessment report sets forth important recommendations in several areas, focused on CSM and the judiciary, that offer a valuable opportunity to reenergize efforts in making tangible progress on long-pending GRECO recommendations that would send a strong message about Moldova’s commitment to countering corruption and advancing European integration.
Representatives from Moldovan institutions provided their views on the recommendations and indicated the need for political will throughout the process of enhancing the competences and role of the CSM.
The roundtable focused on the assessment report’s analysis and proposed solutions based on international standards applicable to judicial councils and GRECO’s recommendations. The assessment report covers a range of issues regarding the independence, composition and functionality of the CSM, including the election procedures of judge members and lay-members, the mixed composition of judges and non-judges within the CSM, and exclusion of the ex-officio members (the Minister of Justice, the Prosecutor General and the President of the Supreme Court of Justice). The participants also discussed the need for a mechanism for an anti-deadlock mechanism to avoid a stalemate during the election of non-judge members of the CSM by the Parliament.
The Council of Europe expert, Mr Filipe César Marques, reiterated that several recommendations provided in the assessment report should be considered as transitory measures and emphasised that the authorities could reconsider them when the Moldovan judiciary achieves a higher degree of internal independence.
This activity was organized within the framework of the “Action against corruption in the Republic of Moldova”, funded by the Bureau of International Narcotics and Law Enforcement Affairs of the US Department of State and implemented by the Council of Europe.