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[POLITICS] · Moldova · 4 sources

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Part of situation: Moldovan parliamentary and judicial reforms (7 clusters)

Moldova Constitutional Court strikes down vetting commission appointment rules

Constitutional Court of Moldova Herman von Hebel vetting commission judicial evaluation legislative amendments

The Constitutional Court of the Republic of Moldova has declared several legislative provisions unconstitutional. These amendments had allowed members of vetting commissions to be appointed with a reduced voting threshold. Specifically, the contested rules permitted candidates to be nominated again after failing an initial ballot and allowed them to be approved with 51 votes instead of the required 61.

The ruling directly impacts the case of Herman von Hebel, who was appointed to the Prosecutors’ Evaluation Commission after receiving 53 votes following the legislative change. While the court's decision is final and cannot be appealed, it is not retroactive; it applies only to future appointments and does not affect those already made. Consequently, the activities of the Vetting Commission will continue.

Political reactions have been divided. PAS deputy Dorian Istratii stated that the amendment was improperly attached to a different legislative project and argued that the issue could have been avoided with an additional reading. Conversely, opposition members, including Ion Chicu and Nicolae Margarint, criticized the decision, with Chicu accusing the court of "double standards" by comparing the current outcome to a 2021 ruling where similar unconstitutional appointments led to dismissals.

Entities

Action and Solidarity Party · Constitutional Court of Moldova · Domnica Manole · Dorian Istratii · Herman von Hebel · Ion Chicu · Republic of Moldova

Claims

What the coverage asserts, and how many sources carry each claim.

  • [● 2 SOURCES] The Constitutional Court's ruling is not retroactive and applies only to future appointments. moldovalive.md · tv8.md
  • [○ 1 SOURCE] Dorian Istratii stated the amendment was improperly attached to a law regarding the protection of judges and prosecutors. tv8.md
  • [○ 1 SOURCE] Herman von Hebel was appointed to the Prosecutors’ Evaluation Commission using the amended voting rules. moldovalive.md
  • [○ 1 SOURCE] Ion Chicu accused the Constitutional Court of applying double standards compared to a 2021 ruling. politik.md
  • [○ 1 SOURCE] In 2021, the Court annulled the appointments of four CSM members: Elena Belei, Carolina Ciugureanu-Mihăiluță, Valentina Coptileț, and Ion Crețu. politik.md
  • [○ 1 SOURCE] The Constitutional Court of Moldova declared provisions of the Law on the External Evaluation of Judges and Prosecutors unconstitutional. moldovalive.md
  • [○ 1 SOURCE] The contested amendments allowed candidates to be approved with 51 votes instead of 61. moldovalive.md
  • [○ 1 SOURCE] The ruling does not lead to the automatic cessation of the Prosecutors’ Evaluation Commission's activities. tv8.md

Sources

Chicu acuză „duble standarde” la Curtea Constituțională: „În 2021, patru membri ai CSM au fost demiși, acum, von Hebel rămâne” [politik.md]
Partidul Nostru a depus un proiect de lege pentru încetarea mandatului lui Herman von Hebel în Comisia de evaluare a procurorilor – Berlinschii: „Reforma justiției nu poate fi construită pe prevederi neconstituționale” [news.yam.md]
/VIDEO/ Prima reacție a PAS după decizia CC privind numirea lui von Hebel: „Nu s-a lipit bine acest amendament” [tv8.md]
Moldova’s Constitutional Court Rules Lower Voting Threshold for Vetting Commission Appointments Unconstitutional [moldovalive.md]