The president of the European Commission for Democracy through Law (Venice Commission), Gianni Buquicchio, was on a working visit to Moldova, on December 19-20. In a press conference, Gianni Buquicchio stressed that Moldova needs a serious reform of the judiciary and that this should be done through a constant dialogue with all the actors concerned. The President of the Commission also mentioned that the Venice Commission will issue in an emergency an opinion on the Superior Council of Magistracy.

According to a press release from the Parliament, the President of the Venice Commission came at the invitation of the Parliament’s President Zinaida Greceanîi. Gianni Buquicchio met with Zinaida Greceanîi, and with the president and members of the Legal Commission, for appointments and immunities. Also, the delegation of the Venice Commission had meetings with judges and civil society representatives.

“ I want to tell you that Moldova is in my heart. Not today or yesterday, but for 30 years. Moldova has been through many crises, which has delayed the progress of social, economic and especially democratic development. Now it has entered a new phase in which it has to work to reform the most important institutions of the country,” the president of the Venice Commission declared.

According to Gianni Bosquicchio, the Minister of Justice, Fadei Nagacevschi, submitted a request for an opinion to the Venice Commission regarding the Superior Council of Magistracy. 

Buquicchio was surprised that Moldova now requests this opinion since an amendment to this effect is to be adopted today in Parliament. However, Bosquicchio said that this opinion will be issued in an emergency procedure and that the response will be obtained at the end of January.

The president stressed that Moldova needs a serious reform of the judiciary.

“I am aware that this reform is urgent. I am even more aware that what Moldova needs is a good reform. To have a good reform it takes time to put into practice. We must move forward with this reform without wasting time but without hurrying. It is important that this reform is coherent and global,”  Bosquicchio emphasized.

At the same time, Bosquicchio advised Nagacesvschi to avoid making and adopting the laws related to the justice reform in pieces.  

The president of the Venice Commission has argued that the justice system reform should be made in a dialogue with all the actors concerned. 

“When I talk about actors, I also refer to civil society. The reform must be carried out with transparency. The dialogue must take place directly with all the actors concerned and not through the media. For me, the judiciary is the most important power in the state. At the same time, the Venice Commission has already expressed its views on the legality of the current Superior Council of Magistracy. It has constitutional legitimacy that should not be challenged, ” said Gianni Bosquicchio.

The president of the Venice Commission refused to comment on the reasons why the government led by Maia Sandu was ousted.

“I can only speak broadly. Governments are created, appear and fall on a good day. The previous government has fallen, the current government is in office and I can only wish for its existence to be longer. I do not want to comment on the reasons why the previous Government has fallen. But now, what I said to the majority and the opposition, is that they must build a positive climate of cooperation. 

Of course, there are differences in views and opinions between different parties. But most do not have to take the majority position to impose their will. The majority must take as much as possible into account the opinion of the opposition, civil society. The opposition must have a constructive role, not a blocking one. There has to be mutual respect,” said the Venice Commission President.

In the same context, the Minister of Justice, Fadei Nagacevschi hopes that the presence of the president from Venice in Moldova will also clarify the problems between the Superior Council of Magistracy and the judges within the judicial system.

Nagacevschi mentioned that the judiciary needs to understand the need for reform in the justice system, adding that the reform process should involve everyone as to assure that the reform is good. 

Diana Severin,