RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of March 24, 2020 No. 7

About exceptional case of illegality of Article 15-1 of h (5) the Law No. 514 of July 6, 1995 on judicial system (selection and determination of the judge for execution of powers of the judge on criminal prosecution if any of judges did not express the consent) (the address No. 143g/2019 of year)

Name of the Republic of Moldova,

Constitutional court in structure:

Vladimir Tsurkan, chairman,

Eduard Ababey,

Domnika Manole,

Nicolae Roshka,

Liouba Shova, judges,

with the assistance of the assistant judge, Dumitra Avornik,

in view of the address,

registered on July 26, 2019,

having considered the specified address in open session,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address about exceptional case of illegality of h formed the basis for consideration of the case (5) article 15-1 of the Law No. 514 of July 6, 1995 on the judicial system declared by Victoria Sandutsa, party to the case No. 3-114/19, being in production of Appeal chamber Chisinau.

2. The address was brought into the Constitutional court on July 26, 2019 by the judicial structure of Appeal chamber Chisinau (consisting of judges - Angela Bostan, Anatoly Pakhopol and Veronika Negru), based on Art. 135 of h (1) the item and) and the item g) Constitutions.

3. The author of the address claims that the challenged provisions violate Article 116 of h (1) and h (5) Constitutions.

4. Determination of the Constitutional court of November 28, 2019, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the address about exceptional case of illegality the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the Highest trial chamber, Association of judges of Moldova, Institute of legal and political researches of Academy of Sciences of Moldova, faculty of the right of the State university of Moldova, faculty of the right of the International independent university of Moldova, the Center of legal resources of Moldova, Institute of criminal reforms and Association for broad democracy of ADEPT.

6. At the beginning of the meeting on consideration of the case the constitutional judge Sergey Tsurkan submitted to plenum of the Constitutional court the application for rejection. Having analysed the rejection bases, the Constitutional court decided to grant the application, having made the corresponding mark in the minutes. Were present at open session of the Constitutional court the author of the address - Victoria Sandutsa, the representative of Parliament - Rada Rada and the representative of the Government - Rada Foltya.

A. Circumstances of the main dispute

7. Victoria Sandutsa was appointed by the presidential decree of the Republic of Moldova No. 74 of March 15, 2017 to judgeship in court of Chisinau for a period of 5 years.

8. The supreme council of magistracy made on November 27, 2018 the decision No. 555/25 on specialization of offices the vessels Chisinau. This decision Council determined that since January 1, 2019 offices the vessels Chisinau specialize as follows: office of the sector of the Botanist on insolvency matters; office of the sector Buyukan on criminal cases; office of the sector to Chentr on civil cases; office of the sector of Chokan on cases on offenses and activities of the judge for criminal prosecution; office of the sector Ryshkan on administrative cases. At the same time Council authorized the chairman and vice-chairmen the vessels Chisinau to determine the nominal list of judges according to specialization of offices, with transfer of this list in Council for approval.

9. The Supreme council of magistracy approved by the decision No. 584/27 of December 11, 2018, among other things, the list of the judges specializing in offices the vessels Chisinau. According to appendix No. 11 to this decision, Victoria Sandutsa was appointed from its consent in court of Chisinau, the sector to Chentr (specializing on civil cases).

10. Subsequently the chairman of justices of Chisinau Rada submitted to Tsurkan the petition to the Supreme council of magistracy for the translation of three judges including Victoria Sandutsa, from office of the sector to Chentr in office of the sector of Chokan the vessels Chisinau specializing on cases on offenses and the legal issues relating to powers of the judge on criminal prosecution. The petition Rada to Tsurkan was based on the decision No. 64/4 of February 26, 2019 on which Council transferred three judgeships, the assistant judge and the secretary of judicial sessions from office of the sector Chentra to office of the sector of Chokan the vessels Chisinau. The Supreme council of magistracy satisfied with the decision No. 121/6 of March 26, 2019 the petition of the chairman of justices of Chisinau and translated, inter alia, Victoria Sandutsa from office of the sector to Chentr in office of the sector of Chokan the vessels Chisinau.

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