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RESOLUTION OF PARLIAMENT OF THE REPUBLIC OF MOLDOVA

of October 30, 2009 No. 53

About adoption of the Declaration of Parliament of the Republic of Moldova on justice condition in the Republic of Moldova and necessary measures for improvement of the situation in this sphere

The parliament accepts this resolution.

Adopt the Declaration of Parliament of the Republic of Moldova on justice condition in the Republic of Moldova and necessary measures for improvement of the situation in this sphere it (is applied).

 

Chairman of the parliament

Mihai Ghimpu

The declaration of Parliament of the Republic of Moldova on justice condition in the Republic of Moldova and necessary measures for improvement of the situation in this sphere

The parliament of the Republic of Moldova as the spokesman of the will of the people which is freely expressed on elections on July 29, 2009 with concern states that justice in the Republic of Moldova is seriously struck with corruption and shows essential signs of political involvement.

Such regress of the Moldavian justice became possible mainly for the following reasons:

- creation of the insufficient regulatory base allowing promotion of persons on executive positions in degrees of jurisdiction and to the positions of judges by other criteria than accepted in legal democratic society;

- elimination from justice in 2002-2003 for political reasons of many fair and skilled judges and replacement of vacancies with obedient persons of the power;

- neglect the legislation regulating judicial responsibility, or the selective application of magistracy by its Supreme council, connivance from the last;

- not response of magistracy by the Supreme council and bodies of prosecutor's office to actions, sometimes criminal, judges;

- not response of the judicial case to intimidations and political pressure from the authorities and non-rendering of resistance to it;

- lack of transparency of the act of justice and activities of the Supreme council of magistracy, especially in that, as for matching, appointment, promotion of judges on service, imposings of penalties on them;

- unsatisfactory initial and continuous training of judges;

- inadequate material security of judges;

- "sindikalization" of judicial authority, etc.

The serious discord of judicial system of the Republic of Moldova was repeatedly noted in reports of the national non-governmental and specialized international organizations, in documents of such international organizations as the Council of Europe, the European commission, OSCE and other, in reports of the western countries.

Having analysed functioning of judicial system, the High European meeting in the Report on the observance by the Republic of Moldova of the obligations undertaken before the Council of Europe approved by the Parliamentary Assembly of the Council of Europe (PACE) in 2007 and also in the Resolution No. 1572 (2007) and the Recommendation No. 1810 (2007) of observance by Moldova of the obligations and obligations stated insufficient financing of judicial system and suggested the Republic of Moldova to take the new measures aimed at providing independence of the judicial device and increase in efficiency of justice. These recommendations, including about ensuring independence of the judicial device, to increase in efficiency and professionalism of judges, improvement of working conditions and training in judicial professions, enhancement of methods of work, eradication of corruption in judicial system formulated also in the Resolution of PACE No. 1465 (2005) about functioning of democratic institutes in Moldova, were not taken into account and are still urgent.

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