Did the judges of the Supreme Court of Justice comply after the Commission for Emergency Situations obliged them to work, although they had previously submitted their resignations? The answer of the acting SJC president

Seven judges of the Supreme Court of Justice (SCJ), whose requests for resignation were accepted by the Superior Council of Magistracy (SCM) and who were due to leave office on 31 March 2023, are obliged to continue working in their posts, in the context of the Commission for Emergency (CSE) order suspending the requests for resignation of judges of the SCJ for 30 days “in order to ensure the functionality of the institution”.

The CSE order was issued and entered into force on 31 March 2023, the day on which SCJ judges Nadejda Toma, Liliana Catan, Maria Ghervas, Galina Stratulat, Iurie Bejenaru, Ghenadie Plămădeală and Nicolae Craiu were due to leave office on the basis of their resignation requests. At the same time, the five CSJ magistrates, who had not previously submitted resignation requests, will not be allowed to leave their posts until there is another decision by the CSE. They are Anatolie Țurcanu, Mariana Pitic, Aliona Miron, Ion Guzun and Tamara Chișca-Doneva. Thus, 12 magistrates are expected to work at the SCJ during this period.

“Exactly those judges (who were to resign on 31 March – ed.) were stopped. Their resignation has been suspended. In the latest provisions, published on the SCJ website, and the panels were formed according to the provision of the CSE,” said magistrate Aliona Miron, interim president of the SCJ.

Ziarul de Gardă has consulted the provisions on the formation of court complements published on the website of the SCJ, which show that 12 magistrates remain in the institution. The ZdG editorial staff contacted some of the magistrates who were due to leave their posts on 31 March to get a reaction to the CSE’s decision, but they did not return our calls, although we phoned them for several days.

SCJ judges forced to stay in office

The members of the Commission for Exceptional Situations (CSE) noted at their meeting on Friday 31 March “the exceptional situation existing at the Supreme Court of Justice (SCJ)” and decided to adopt an extraordinary temporary measure suspending the requests for resignation of judges for a period of 30 days “in order to ensure the functionality of the institution”.

According to Prime Minister Dorin Recean, “the decision of the CSE is an instrument of rapid intervention, an extraordinary but necessary measure”. Justice Minister Veronica Mihailov-Moraru said that “it is ultimately necessary to apply this temporary measure” as several judges have resigned and there is a risk of disrupting the functioning of the SCJ and a possible halt to the examination of cases.

Thus, according to the provision of the CSE, “during the state of emergency, as a temporary measure, the resignation of judges in office at the Supreme Court of Justice is prohibited for a period of 30 days until the (temporary) filling of the vacant positions of judges”.

“During the state of emergency, as a temporary measure, for a period of 30 days, the administrative procedures concerning the applications for resignation, submitted by the judges of the Supreme Court of Justice until the date of entry into force of this Provision, as well as the legal effects of the applications already accepted, shall be suspended, insofar as the actual release from office has not occurred on the date of entry into force of this Provision. This suspension may be terminated earlier than the expiry of the 30-day period in the case of (temporary) filling of vacancies for judges at the Supreme Court of Justice”, it is added.

The state of emergency in Moldova has been extended for a further 60 days in the context of threats to national security. The government’s proposal to extend the state of emergency from 5 April 2023 was approved by 61 MPs at the 30 March sitting of Parliament.

Resignations of judges from the CSJ

On 14 February 2023, the Plenary of the Superior Council of Magistracy (SCM) accepted the applications for the honourable resignation of 16 judges from the Supreme Court of Justice (SCJ). Subsequently, at its meeting on 23 February, the SCM approved the resignation of four more judges from the SCJ. On 1 March, Ala Cobăneanu, Svetlana Filincova, Iurie Diaconu, Victor Boico and Victor Burduh resigned. On 13 March Elena Cobzac left the SCJ, on 17 March – Victor Micu, Luiza Gafton and Petru Moraru, on 20 March – Dorel Musteață and Dumitru Mardari, and on 27 March the magistrate Vladimir Timofti left. Nadejda Toma, Liliana Catan, Maria Ghervas, Galina Stratulat, Iurie Bejenaru, Ghenadie Plămădeală and Nicolae Craiu were to leave on 31 March.

Only five judges of the SCJ did not submit requests for resignation before the approval of the decision of the Commission for Exceptional Situations (CSE): magistrates Anatolie Turcanu, Mariana Pitic, Aliona Miron, Ion Guzun and Tamara Chișca-Doneva.