Operation Golos: how Moldovan authorities are preparing for crucial elections
In Moldova, new judges of the Constitutional Court were appointed urgently and in violation of numerous procedures. Almost all the new recruits are connected to the ruling party in one way or another. The opposition believes that the authorities are going to rig the upcoming parliamentary elections, and they need a controlled Constitutional Court to approve the results. Izvestia investigated the situation.
What happened
The Moldovan parliament has approved the new composition of the Constitutional Court, for which the deputies gathered for an extraordinary session. During the meeting, the people's deputies approved the candidacies of five judges, and also decided on the chairman. Deputies from the opposition shouted during the ceremony: "Shame!", "Usurpers!" and "Resignation!", while the opponents of the ruling party were not shown in the official broadcast, and the sound during the chanting was turned off.
The opposition noted that the procedure had caused numerous complaints. Firstly, three judges received mandates for the second time, although the Venice Commission recommended limiting their work to one term. Secondly, right before the appointment of the current composition, the government of the country abolished the norm on the mandatory holding of a competition for applicants for the post of judge of the Constitutional Court.
As a result, functionaries who are somehow connected with the current authorities became judges. One of them is Sergiu Litvinenko, who in the past was vice-chairman of the ruling party and Minister of Justice. In 2022, he lost his positions when his correspondence with colleagues was published in the public domain. It turned out that he interfered in the work of the courts and falsified the selection of the head of the anti-corruption prosecutor's office.
Another judge was Nicolai Rosca, the former lawyer of the President of the country, Maya Sandu, whose daughter works as an adviser to the head of state. The CC also includes Ion Malanchuk, whose wife heads the board of directors of the state-owned enterprise Energocom. Dominique Manole became the Chairman of the Constitutional Court, in respect of whom, just this spring, the European Court of Human Rights ruled that she had abused her powers in her previous position.
Everything that happened caused a violent reaction from a wide variety of political figures. Olesya Stamate, a member of Parliament and former member of the ruling party, presented a draft amendment to the law on the Constitutional Court. According to this initiative, judges should not be people who have been engaged in political activities for the last three years. The deputies, however, refused to consider the proposal, and Speaker Igor Grossu called it populist.
Several reputable NGOs, including the Center for Legal Resources, the Center for Politics and Reform, and Promo-LEX, demanded that the Parliament and the Government appoint judges of the Constitutional Court only after public consultations and based on the merits of the candidates. According to the statements, the current non-transparent decisions undermine trust in democratic institutions and jeopardize relations with international partners.
What was the reaction
Representatives of the Moldovan authorities are quite open about why Chisinau needs a new Constitutional Court. Ion Sturza, a former prime minister and supporter of the ruling party, explained that parliamentary elections will be held in the country in a month, and opposition forces that are determined to improve relations with Russia have a good chance of winning. If successful, they will have the right to form a government.
According to Sturza, President Maia Sandu does not have the authority to block the creation of such a cabinet, but the Constitutional Court will be able to help her. "She will not form an alliance, she will not accept the candidacy of the prime minister, and even if a democratic vote is held, we will have a serious conflict situation," he said, adding that the Constitutional Court is "ours."
According to another version, the Constitutional Court may simply prevent the victory of the opposition forces. In this regard, the situation in neighboring Romania is often recalled. In November last year, a non-systemic candidate, Calin Georgescu, achieved success in the presidential elections there, but soon after that, the results of the vote were simply annulled by a court decision, appointing a new first round. It is likely that Chisinau is preparing for a similar scenario.
I must say that the Moldovan authorities have been reformatting the Constitutional Court for quite some time. Last December, the Government approved a new version of the law on the Constitutional Court. Previously, members of this body could not be removed from office ahead of time, but now there is a list of misconduct, for which they face not only a warning and reprimand, but also a revocation of the mandate. It is believed that this is another lever of pressure in the hands of the executive branch.
The Moldovan opposition says that the current authorities are reinsuring themselves in all possible ways before the parliamentary elections. "The ruling party knows that 80% of the population will vote against them. They have appointed their own COP, which is their last hope. Sandu and her party also think that through the Constitutional Court they will block the appointment of a new cabinet. But we'll smoke them out. Do not play with the will of the people, who understand everything and will not tolerate it anymore. Leave kindly!" said former President Igor Dodon during a street rally in Chisinau.
Alexander Stoyanoglo, a former prosecutor general and one of the leaders of the Alternative bloc, stressed that judges of the Constitutional Court should not be notaries of the ruling party. "These are the last ones who can still stop the arbitrariness. Or, if they choose otherwise, the first to legalize it. Is it possible to talk about decency and responsibility when the parliament and the government with expired mandates appoint judges of the Constitutional Court, as if it were a matter of personnel rotation in the district council?" he said.
What the experts say
Moldovan political scientist Alexander Korinenko recalls that the Constitutional Court in the republic has repeatedly played a decisive role in political disputes.
— In 2016, they returned the presidential election, in 2019 they supported the oligarch Vlad Plahotniuc in his disputes with the opposition. Judges always help those in power, and in exchange they receive a monetary reward and a high position. Now in Chisinau, they have decided again that they need a super-loyal composition of the Constitutional Court. I do not rule out that the Romanian scenario may be repeated, when the judges refuse to recognize the victory of the opposition forces and annul the election results," he explains.
Igor Shornikov, an associate professor at the Financial University under the Government of Russia and former Deputy Foreign Minister of Pridnestrovie, says that this is how the ruling Moldovan team is preparing for the elections.
— There is a high probability that it will not be possible to rig the vote to the desired result. In this case, the loss of power will be quite real. To prevent this from happening, the Constitutional Court may be involved, which will interfere with the creation of a new government. As a result, a political crisis will arise, and new elections will have to be held. I think this is one of the real options that Sandu's team is preparing for," he emphasizes.
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