The Council of Europe is actively assisting the Republic of Moldova in the delicate and complex but crucial task of reforming its judiciary in line with relevant European standards. As pointed out during the visit of its High-Level Working Group to Chisinau in January 2020, what is necessary is a comprehensive, profound and transparent reform. This should start from the Constitution, including the rules on the composition of the Supreme Council of Magistracy, which are of particular importance. The constitutional amendments should be thoroughly discussed by all stakeholders before their adoption by parliament, in a manner seeking the widest possible consensus among all political forces. The Council of Europe, and the Venice Commission in particular, have issued important recommendations on all these matters.
Following the meeting held on 26 May 2020 with the Moldovan authorities and other stakeholders, the High Level Working Group remains of the firm view that proceeding hastily with legislative changes and implementing these changes before the adoption of the constitutional amendments may pre-empt the composition of key judicial institutions in a manner that is not in line with the envisaged constitutional reform and is not conducive to achieving a sustainable and successful judicial reform. On the contrary, legislative work should adjust to the constitutional amendments, and should only be prepared on the basis of the agreed features of the new constitutional design.
The High-Level working Group looks forward to continuing in the coming weeks the close consultations relating to the judicial reform in the Republic of Moldova on this basis.