During the reference period, the Constitutional Court declared as unconstitutional
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some
provisions of Article 161 par. (1) and of Article 162 par. (2) of the Enforcement Code, thus
resolving the divergences of regulations generated by several provisions of the same normative act,
regarding the contestation of acts issued in the enforcement proceedings. Due to the normative
inconsistency, both the litigants and the subjects with the right to apply the Enforcement Code were
in difficulty, being put in the situation to choose between several possible variants.
Also by the judgment of October 8, 201918 the Constitutional Court declared as
unconstitutional the word "may" in Article 61 paragraph (1) of the Enforcement Code, which
offered too much discretionary power to bailiffs regarding the initiation or refusal to initiate forced
enforcement proceedings.
On July 24, 2019, the Group of States against Corruption (GRECO) published an interim
report analyzing the level of implementation of the recommendations in the 2016 evaluation report.
GRECO noted that Moldova has met four of the 18 recommendations, nine recommendations have
been partially implemented, and five were not implemented at all. GRECO considered that the
efforts to improve the transparency of the legislative process in Parliament are insufficient. The
institution recommended the timely publication of draft laws and related information, allowing a
meaningful public and parliamentary debate on draft normative acts.
GRECO was also concerned about the composition of the Superior Council of Prosecutors
(SCP), namely the fact that the Minister of Justice and the President of the Superior Council of
Magistracy (SCM) continue to be ex officio members of the SCP. A similar recommendation was
made regarding the composition of the SCM and the cancellation of the ex officio membership of
the Minister of Justice and the Prosecutor General. GRECO requested the Moldovan authorities to
report on the implementation of the recommendations by June 30, 2020.
The People's Advocate recommends to the Ministry of Justice, as well as to other competent
authorities, the public consultation, including of the professional groups in the field of justice and of
the academic environment, of the draft normative acts.
On March 13, 2019, the International Commission of Jurists (ICJ) presented a report on the
independence of the judiciary in the Republic of Moldova19. The ICJ report notes significant
progress regarding the audio recording of court hearings, random distribution of cases and
17
Decision of the Constitutional Court no. 8 of April 5, 2019;;
Decision of the Constitutional Court no. 22 of October 8, 2019;
19
LRCM newsletter, January - March 2019;
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