Superior Council of Prosecutors announces competition for the position of Prosecutor General. Conditions to be met by candidates

The members of the Superior Council of Prosecutors (SCP) announce on Monday 23 October a competition for the position of Prosecutor General. The deadline for applications is 22 November 2023. The post became vacant after the head of state signed a decree dismissing the suspended Prosecutor General Alexandr Stoianoglo.

SCP Chair Angela Motuzoc said that a separate opinion was also announced to this decision.

“The SCP decided: to initiate a public competition for the selection of a candidate for the post of Prosecutor General for persons who cumulatively meet the following conditions:

• has at least 10 years of professional experience in the field of law obtained in the jurisdiction of the Republic of Moldova or foreign jurisdiction, including international organizations, of which at least five years as a judge, prosecutor, lawyer or criminal prosecution officer;
• is a citizen of the Republic of Moldova;
• knowledge of Romanian;
• no judicial protection measure is in place for him/her;
• has a bachelor’s degree and a master’s degree in law or other equivalent legal qualification recognised by the military structure for the recognition and equivalence of education and qualifications;
• has an impeccable reputation;
• has not previously been found guilty of a criminal offence;
• is medically fit to perform the duties of public prosecutor;
• has managerial qualities;
• in the last three years, prior to the announcement of the competition, has not been a member and/or has not carried out activities of a political nature within a political party or social-political organisation;
• has not been a member of the High Council of Prosecutors for the last six months.

22 November 2023 inclusive is set as the deadline for candidates to submit their applications, which will contain: application for the competition; copy of identity card; CV; copy of the diploma of higher studies in law and copy of the diploma of higher studies in law or another diploma in law equivalent to them, recognised by the structure authorised for the recognition and equivalence of diplomas and qualifications; detailed criminal record; medical certificate on the state of health; documents proving professional experience; reference from the last place of employment; letter of motivation; management and institutional development concept; declaration on their own responsibility that, in the last three years prior to the announcement of the competition, they have not been a member of or engaged in activities of a political nature within a political party or social-political organisation; they have not been a member of the SCP and are not prohibited from holding public office or office of public dignity (…). )”, said SCP Chair Angela Motuzoc.

Also today, the SCP approved the Regulation on the organisation and conduct of the competition for the selection of the candidate for the position of Prosecutor General.

On 6 October 2023, the PSC took note of the decree signed by President Maia Sandu on the dismissal of Alexandr Stoianoglo from the position of Prosecutor General. At the same time, the Council decided to start updating the Regulation on the election of the Prosecutor General.

According to the Law on the Prosecutor’s Office, the candidate for the position of Prosecutor General is selected on the basis of a public competition organised by the PSC, which includes the following stages:

• pre-selection of candidates on the basis of the files submitted;
• the interview before the Superior Council of Prosecutors.

The organisation and conduct of the competition is laid down in a regulation approved by the PSC. The interview stage is transmitted online in real time.

Candidates are assessed by each member of the PSC on the basis of “criteria approved by the Council, including the professional training and skills, integrity and other personal qualities of the candidates, with the reasoning of the score awarded to each candidate”. The final score is the average score awarded by all PSC members and is published on the Council’s official website after the competition has ended. The candidate with the highest score is proposed by the PSC to the President of the Republic of Moldova for appointment as Prosecutor General.

Stoianoglo dismissed as Prosecutor General

On 26 September 2023, President Maia Sandu signed a decree dismissing the suspended Prosecutor General Alexandr Stoianoglo. 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 SCP 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”.

Lawyers of the former Prosecutor General told ZdG that the decree will be challenged in court.

Alexandr Stoianoglo was suspended from the position of prosecutor general in early October 2021, and is under investigation for passive corruption, false statements, abuse of office and exceeding the duties of his office. The case concerning the excess of power or exceeding the duties of the office is before the magistrates of the Buiucani Court of Chisinau. The last hearing in this case took place on 20 September 2023, during which a witness was heard. The next hearing is scheduled for 5 December 2023.

Former Prosecutor General Alexandr Stoianoglo was detained on 5 October 2021. On 8 October 2021 he was placed under house arrest and subsequently under judicial control. No preventive measures are currently applied against Stoianoglo.