The Constitutional Court of the Republic of Moldova has declared unconstitutional legislative provisions that allowed members of vetting commissions to be appointed with a reduced number of votes. The challenge was filed by MPs Ion Chicu, Alexandru Berlinschi, Adrian Lebedinschi, Alexandru Verșinin and Diana Caraman.
The constitutional judges ruled unconstitutional the provisions of Article 6, paragraph (5¹) of the Law on the External Evaluation of Judges and Candidates for the Position of Judge of the Supreme Court of Justice, as well as provisions of the Law on the External Evaluation of Judges and Prosecutors and the Amendment of Certain Legislative Acts.
The contested legislative amendments allowed the same candidates to be nominated again after failing to secure enough votes in an initial ballot, and to be approved with 51 votes instead of 61 in a subsequent vote.
The mechanism was applied in the case of Herman von Hebel, who was proposed for the Prosecutors’ Evaluation Commission. In the first vote, his candidacy received 53 votes, falling short of the required threshold of 61. Subsequently, after the legislation was amended, he was appointed with the same 53 votes, according to information presented in connection with the case.
The Court’s ruling is not retroactive and does not affect appointments made previously. It will apply only to future appointments.
The Constitutional Court’s ruling is final and cannot be appealed. It enters into force on the date of adoption and is to be published in the Official Gazette of the Republic of Moldova.
The amendment that enabled Herman von Hebel’s appointment with 51 votes in Parliament was passed on March 5 by the PAS parliamentary majority. The opposition criticised the document. Meanwhile, Parliament Speaker Igor Grosu defended von Hebel, saying that the authorities in Chișinău had consulted development partners regarding the legislative amendments. On the same day, March 5, President Maia Sandu promulgated the law.