Carp: PAS Has No Intention of Replacing von Hebel Following Constitutional Court Ruling

PAS MP Lilian Carp said the party would not replace Herman von Hebel on the commission responsible for the external evaluation of judges and prosecutors, despite a Constitutional Court ruling that the provision allowing foreign members to be appointed to such commissions was unconstitutional. According to Carp, the parliamentary majority deliberately lowered the required threshold from 61 to 51 votes because the opposition was unwilling to support von Hebel’s appointment. PAS maintains that the international expert proved his effectiveness on previous vetting commissions, moldova1.md reports. “It was a deliberate decision because the opposition was unwilling to vote for him under any circumstances. The decision was made to ensure von Hebel joined the commission, as he had demonstrated his effectiveness on previous commissions. All I can say is that the decision was deliberate, and we believe his presence on this commission is producing results. The opposition effectively wanted to prevent him from continuing his work and delivering results,” Carp said. Asked whether PAS intended to take any action following the Constitutional Court’s ruling, the MP replied that the party would not replace von Hebel. He added that some prosecutors and judges are reluctant to undergo the external evaluation process with von Hebel on the commission. “We will not replace him because we understand that some prosecutors and judges are afraid to undergo vetting in his presence. This was a deliberate decision intended to deliver results in this area,” Carp added. On October 15, the Constitutional Court ruled unconstitutional the provisions allowing members of vetting commissions nominated by development partners to be appointed on a second vote with 51 votes instead of 61. The Court found that Parliament had violated the procedure for adopting an organic law: the amendment was introduced after the first reading into a bill on the protection of judges and prosecutors, to which it had no sufficient connection. It was this amended procedure that made it possible to appoint Herman von Hebel to the Commission for the Evaluation of Prosecutors on March 6. His candidacy was supported by 53 MPs. That number of votes would have been insufficient in the initial vote. The Constitutional Court’s ruling is final and applies only prospectively. Following its announcement, the opposition called for Herman von Hebel’s resignation.