The Constitutional Court (CC) has rejected the request to suspend the action of Article 31/1 of the Law on the Prosecutor’s Office, which provides for the evaluation of the Prosecutor General’s performance. Thus, the application on the merits filed by Iurie Margineanu, one of the lawyers of the suspended Prosecutor General Alexandr Stoianoglo, is to be examined by the CC.

“(…) A decision has been issued with reference to the request for suspension of the action of Article 31/1 para. (5) of Act No. 3 of 25 February 2016 on the Prosecutor’s Office which was challenged. So, the Court is going to rule on the application itself,” Stanislav Pavlovschi, spokesman of the CC told Ziarul de Gardă.

The High Court found that “the author of the complaint did not invoke any risk that could be caused by the contested rule and did not present any argument in the grounds of the request to suspend the action of the contested rule”.

The decision of the High Court was issued on 12 July this year.

“The application for suspension of the action of Article 31/1 para. (5) of Act No. 3 of 25 February 2016 on the Prosecutor’s Office. The present decision is final, may not be subject to any appeal, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova,” the CC decision reads.

Earlier this July, the judges of the Chisinau Court of Appeal (CA) admitted the request of the lawyers of the suspended Prosecutor General Alexandr Stoianoglo, who challenged the constitutionality of Article 31/1 of the Law on Prosecutor’s Office, which provides for the evaluation of the Prosecutor General’s performance. Thus, Stoianoglo’s case was referred to the CC.

Sorina Ștefârță, the presidential spokeswoman, previously told ZdG that the head of state, Maia Sandu, will not sign the decree dismissing the suspended prosecutor general, Alexandr Stoianoglo, before there is a court decision on the case.

The European Court of Human Rights (ECtHR) has notified the government in Chisinau of the application of the suspended Prosecutor General, Alexandr Stoianoglo, and has asked for an explanation of the case in which he is being investigated for passive corruption, false statements, abuse of office and exceeding his official duties. The information was made public by Victor Munteanu, one of the suspended Prosecutor General’s lawyers, on 28 June.

Subsequently, Dumitru Obada, Moldova’s government agent before the ECHR, told Ziarul de Gardă that the authorities in Chisinau will formulate an official position responding to the ECHR’s requests on the case of suspended Prosecutor General Alexandr Stoianoglo by September. According to Moldova’s government agent to the ECtHR, the authorities in Chisinau are currently assessing the High Court’s request.

On 23 May, after more than three hours of debate, the SC approved the report of the Evaluation Commission and gave the suspended Prosecutor General Alexandr Stoianoglo an “unsatisfactory” rating.