Constitutional Court (CC) judges confirmed on Tuesday, 21 November, the High Court’s decision of 16 November rejecting the request to suspend the action of President Maia Sandu’s decree in the case of former Prosecutor General Alexandr Stoianoglo. According to a CC press release, judges Sergei Turcan and Vladimir Turcan delivered separate opinions on the decision.

The judgment is final, may not be appealed against, enters into force on the date of its adoption and is published in the Official Gazette of Moldova.

“(…) Examining the application for suspension of the action of the contested decree and the decision No 159 of 16 November 2023, the plenary of the Constitutional Court confirms the findings and conclusions of the President ad-interim. The Plenary of the Court confirms that the applicants have not put forward any arguments demonstrating the imminent nature of the risk and damage to the proper functioning of the institution of the Public Prosecutor’s Office or to the security of the Prosecutor General’s mandate and, therefore, Decision No 159 of 16 November 2023 complies with the requirements of Articles 251(2) and (3) of the Constitution. (4) of the Law on the Constitutional Court and 71 para. (4) of the Code of Constitutional Jurisdiction (…)”, the CC decision reads.

On 2 November 2023, a group of Communist MPs filed a complaint with the CC asking for the suspension of the decree dismissing Stoianoglo as Prosecutor General.

On 16 November 2023, the High Court examined and rejected the request to suspend the action of the contested decree.

The application for suspension of the action of the contested decree was examined by the President of the Court Nicolae Rosca, “given the impossibility of convening the plenary of the Constitutional Court and subjecting the issue raised to its consideration”.

Moldova will have to pay the former Prosecutor General Alexandr Stoianoglo €3 600 in moral damages. The European Court of Human Rights (ECtHR) handed down its decision on Tuesday 24 October.

The ECtHR unanimously found a violation of Article 6 § 1 (right of access to a court) of the European Convention on Human Rights. The case concerned the Prosecutor General’s inability to appeal against his suspension, which was triggered by the criminal proceedings that had been initiated against him.

The former Prosecutor General, Alexandr Stoianoglo, challenged in court the decree signed by President Maia Sandu dismissing him from office. The application was filed with the Chisinau Court on 30 October.

On 26 September 2023, President Maia Sandu signed a decree dismissing the suspended Prosecutor General Alexandr Stoianoglo from office. The document entered into force on the same day.

According to a press release issued by the Presidency, “given that the pronouncement of a decision by the courts on the legality of Alexandr Stoianoglo’s dismissal by the PSC is delayed, the signing of the decree comes in the context of the European Union’s recommendations to ensure the replacement of the position of Prosecutor General and the Republic of Moldova’s obligations to meet the conditions of the justice system”.