According to the president’s remarks, the Evaluation Commission should have the right to challenge the decisions of the Superior Council of Magistrates or the Superior Council of Prosecutors, “which fail to implement the commission’s recommendations without any plausible explanation”.
“Ukraine’s and our country’s experience confirms external evaluation is accompanied by many risks. Legislative counterbalances are necessary to reduce them. Unfortunately, neither Law No. 65/2023, nor the law proposed for adoption provides the possibility of the evaluation commission to appeal against the decisions of the Superior Council of Magistracy or the Superior Council of Prosecutors, which fail to follow the commission’s recommendations without any plausible explanations,” Maia Sandu said.
According to the president, for this purpose a special body has even been created in Albania. “In our case, this body is unnecessary, but nevertheless, the laws should provide for the right of the evaluation commissions to challenge the decisions of the councils, both in terms of passing and not passing the evaluation,” Maia Sandu stressed. It is worth to mention that at an extraordinary session on Thursday, 17 August, the Parliament will reconsider the law on the external evaluation of judges and prosecutors, in line with the objections voiced by the Moldovan president.
We recall that on Monday, 31 July, the legislature adopted a draft law on the external evaluation of judges and prosecutors, during the second session, by 55 MPs. According to the law, about 140 judges and 220 prosecutors holding key positions will undergo an ethical and financial integrity inspections. Candidates for potential vacancies who win competitions by 2025 will also be subject to external evaluation.