Secretary General concerned over political situation in Moldova

Strasbourg, 6 May 2013 - Reacting to the recent political crisis in Moldova, Secretary General Thorbjørn Jagland published the following statement: "I am following the developments in Moldova with concern. In the last few days the Moldovan Parliament has amended a number of laws fundamentally affecting the political system of the country. The laws on the constitutional court, the electoral legislation, the functioning of the Government and the functioning of the law-enforcement structures have been changed, sometimes repeatedly, without proper consultations. These amendments and the way they have been enacted risk to undermine the independence and the balance of institutions. The most recent amendments affecting the Constitutional court are of particular concern, as the proposed provisions seem to be in contradiction with the Moldovan Constitution, as well as with European standards on constitutional justice.

Moldova - Law on the Constitutional Court - Statement by the President of the Venice Commission

03/05/2013

I learned today about the adoption, at first reading, of the draft amendment to the Law on the Constitutional Court of Moldova. According to this amendment, Parliament may remove judges of the Constitutional Court by a 3/5 vote of its members if the judges do not have Parliament’s “trust”.

Such a provision is in clear contradiction with European Standards on constitutional justice and is a clear violation of Article 137 of the Constitution of Moldova. A constitutional court has the task of controlling the work of Parliament. Subjecting its judges to the need of being “trusted” by Parliament is in evident contradiction with the very purpose of a constitutional court.