Moldova: Legislative challenges face prosecutor vetting and independence

The Party of Our Nostru has submitted a draft law to the Moldovan Parliament seeking the immediate termination of mandates for Herman von Hebel and Bernard Lavigne. These individuals serve on the commission for the external evaluation of prosecutors, a body whose appointment process was recently declared unconstitutional by the Constitutional Court on October 15, 2026.

The proposed legislation aims to amend Law no. 252/2023, establishing that a mandate must end if the legal provisions allowing for an individual's appointment are ruled unconstitutional. If passed, Parliament would be required to confirm the termination of these mandates via individual decisions within five working days of the law's entry into force.

Separately, judicial institutions are raising concerns regarding new legislative amendments intended to address the independence of specialized prosecutors. Officials, including Deputy Prosecutor General Sergiu Russu and Anti-Corruption Prosecutor Marcel Dumbravan, warn that requiring the Prosecutor General to consult with specialized heads before issuing instructions or transferring files could lead to bureaucratic delays in criminal investigations.

Additional criticisms involve a proposal to have three judges from an appeals court review challenges to the Prosecutor General's decisions within three working days, a move the Superior Council of Magistracy warns could disrupt scheduled court proceedings.