Stamate: Parliamentary Majority Lacks the Will to Ensure Transparent Selection of Constitutional Court Judges

The reaction came after MPs refused to include on the agenda a legislative initiative proposed by Stamate, which aimed to increase the transparency, professionalism and authority of the Constitutional Court by changing the way judges are appointed. “At the end of its term, the government will select at least four judges who may be the best and most professional. However, the manner of their appointment, as well as the fact that they will be appointed at the end of the government’s term, cannot lead to strengthening citizens’ trust in the Constitutional Court as an institution. At the same time, in addition to the fact that the transparent and merit-based selection of constitutional judges is a clear recommendation of the Venice Commission, it was also one of PAS pre-election promises,” Stamate said, according to newtv.md. Recall that on 9 June, Stamate proposed a bill aimed at reforming the process of appointing judges to the Constitutional Court in order to increase transparency, reduce political influence and enhance public confidence in the institution. The initiative arose in a context in which, according to the deputy, the current law on the Constitutional Court, although recently amended, did not include an important recommendation of the Venice Commission – the creation of a clear and fair mechanism for selecting judges. The project proposed by Stamate included three main changes:

• Introduction of a new article on the selection procedure – parliament, government and the Superior Council of Magistracy (SCM) will be required to conduct public competitions for the selection of candidates, including case analysis, interviews and reasoned decisions.
• Establishing a qualified majority of 3/5 in parliament for the appointment of judges in order to prevent the institution from being taken over by the political majority.
• Additional eligibility criteria – candidates must not have been members of a political party or held political office in the last three years and must demonstrate impartiality and independence in their previous professional activities.