How CC manipulates: It has distorted the message of Venice Commission on the Integrity Test Law

How CC manipulates: It has distorted the message of Venice Commission on the Integrity Test Law
Source: jurnal.md Photo: jurnal.md 19.01.2015 13:27
The response of the Venice Commission referring to the Law on the professional integrity testing has been distorted by the Constitutional Court. Or, in the variant translated in Romanian and placed on the official site of the CC has been introduced a phrase which doesn't exist in the original variant of the opinion expressed by the Venice Commission.

Precisely, at the end of 2013, the Parliament of the Republic of Moldova adopted an aticorruption package of laws, meant to combat the corruption in the judicial system. The drafts, including the Integrity Test Law, were approved positively by the European Council. The European experts declared then that this law could consolidate the anticorruption measures, but also mentioned that it needs an improvement for not admitting the influence on the judicial system.

After an intimation, the Constitutional Court decided to request an advice from the Venice Commission relating to the Integrity Test Law.

The response of the Commission wasn't negative, in it being emphasized the necessity of improvement of the provisions of the Law which concerns the judges.

In the paragraph 88 of the notice, the Venice Commission retains a conclusion exclusively referring to the applicability of the judges' law. The full text of the paragraph 88 in the English version provides just the text: “88. There are a number of European and international standards, guarantees and best practices concerning (ethical behavior related) disciplinary proceedings with respect to judges that Law no. 325 should address more carefully.”

In the Romanian version, published on the official page of the Constitutional Court, after the upper phrase, the CC has added the following text: “This law appears as extremely debatable, which opportunity for fighting with the phenomenon of corruption widely spread in the public sector is debatable.”

Phrase which doesn't exist in the original response of the Venice Commission.

The alarm signal comes from the Transparency International- Moldova, which accuses the Constitutional Court of manipulation of public opinion and qualifies this case as favorable ground for declaring the unconstitutionality of the Law relating to the professional integrity testing, which would impede the prevention and the combating of corruption not just among judges, but also in the whole public sector.

“It is created the impression that through its actions the Constitutional Court tried to manipulate the public opinion regarding the real content of the notice of the Venice Commission, fact which raises concerns on the objectivity with which the Constitutional Court follows to examine this intimation. This phrase not only gave a negative appreciation to the clauses of judges' testing, but also extended it upon the whole law applicable to some categories of employees of the public sector, the public opinion being misled”, says a press release.

At the same time, the Transparency expresses its concern that “through actions of manipulation of the public opinion are created favorable conditions for the declaration of the unconstitutionality of the Law on the professional integrity testing, which would impede the prevention and the combating of corruption not just among judges, but also in the whole public sector”.

“The Transparency International- Moldova shows also its alarm relating the examination by the Constitutional Court of other important provisions included in the anticorruption package of laws, such as those referring to the setting of the mechanism of extended confiscation and illegal enrichment in the Criminal Code of the RM”, is also said in the declaration.

The Integrity Test Law is a part of a package of legislative initiatives, meant to prevent and to combat the corruption from justice. The package of law was elaborated in accordance with the provisions of the Justice Sector Reform Strategy, oriented to the discouragement of the corruption acts and the more severe sanctioning in these cases. The legislative package also provided the polygraph test of candidates to the functions of judge and prosecutor, but also the testing of their professional integrity.

Non-Stop News