Lawyers do not approve the PAS's intention to amend the Law on Prosecution Service: This sets a dangerous precedent

A number of Moldovan lawyers do not approve of the ruling party's intention to amend the Law on Prosecution Service to be able to dismiss the Prosecutor General after assessing his activities. According to experts, a dangerous precedent is being created, which will lead to the Prosecutor general dependence on the authorities. On the other hand, the Minister of Justice says that the draft is constitutional, ipn.md notes. According to Vladislav Gribincea, chairperson of the Legal Resources Centre form Moldova, the government's initiative to dismiss the Prosecutor General because of an assessment of his activities is dangerous and constitutes a political interference in justice. “The criticism of the prosecutor’s office is mostly justified. The prosecutor's office did not live up to society's expectations. However, prosecutors must be independent of politics, because if they are dependent on politicians, they will never go against it. This creates a dangerous precedent when parliament changes the law to dismiss the prosecutor. In 4 years, we will have another government that will fire the Prosecutor General again. Nothing will remain from the independence of the prosecutor's office,” Vladislav Gribincea said during the “Moldova on direct” broadcast on the public TV channel. Former chairperson of the Constitutional Court, Alexandru Tanase opposes the proposed change either. “The electoral fever has not yet left those who seized power in the Republic of Moldova. Despite the fact that they have the mandate of the people, this mandate has to carry out in strict accordance with the Constitution. It is wrong when they refer to the need to assess the performance of the prosecutor. We must call things by their proper names. The current government wants another Prosecutor General. We already have experience of meritocratic commissions, competitions that were not respected even by those who conducted them. This is the Soviet, old way, when state power is exercised exclusively by repressive instruments, and not by legal and institutional instruments,” Alexandru Tanase said. On the other hand, Minister of Justice Sergiu Litvinenko says that by establishing a mechanism for assessing the activities of the Prosecutor General, his responsibility will increase. “The draft is absolutely constitutional, since the supreme law directly stipulates that the Prosecutor General can be dismissed by the President of the country at the proposal of the Supreme Council of Prosecutors for objective reasons on the basis of a transparent procedure. In principle, the Constitution requires the establishment of mechanisms for the dismissal of the Prosecutor General in case he fails to fulfill his duties or commits a disciplinary offense. The final decision will be made exclusively by the Supreme Council of Prosecutors. This law is intended to increase the responsibility of the Prosecutor General,” Sergiu Litvinenko said. The draft amendment to the Law on Prosecution Service provides for the creation of a commission to assess the activities of the Prosecutor General. Subsequently, the commission's report should be submitted to the Supreme Council of Prosecutors. If the performance of the prosecutor receives an “unsatisfactory” assessment, the SCP may propose to the head of state to dismiss the General Prosecutor.