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PUBLIC APPEAL Civil society organizations request the Parliament not to violate the law and to vote as soon as possible on the appointment of Ms. Viorica PUICA as a judge at the Supreme Court of Justice
24 July 2020
On June 9, 2020, the Superior Council of Magistracy (CSM) proposed the appointment of judge Viorica PUICA to the Supreme Court of Justice (SCJ).
On June 9, 2020, the Superior Council of Magistracy (CSM) proposed the appointment of judge Viorica PUICA to the Supreme Court of Justice (SCJ). Judge Puica was declared the winner in the competition for this position after competing alongside five other candidates. The SCM made this decision following the evaluation of the candidates' professional performance, previous experience as a judge and performance at the interview before the members of the SCM. Mrs. Puica's candidacy was supported by the majority of CSM members. No member of the SCM formulated a separate opinion against this proposal. On July 15, 2020, the Legal, Appointments and Immunities Committee of the Parliament (Legal Committee) did not support the appointment of Judge Puica as a judge of the SCJ. The report of the Legal Commission does not contain any concrete motivation, but only mentions the lack of the necessary number of votes of the Commission members. The Juridical Commission did not hear the judge, which was a practice of the Juridical Commission until now, nor did they discuss Ms. Puica's professional qualities. In a comment for Ziarul de Gardă, the member of the Juridical Commission Grigore NOVAC mentioned that "he cannot support a person he does not know well from a professional point of view". Accepting such an approach would mean that members of the Judiciary Committee can only endorse judges they know. Such an approach is regrettable and dangerous. Moreover, the approach of the Judiciary Commission is not in accordance with the law, which allows the rejection of the candidate proposed by the CSM only if he is incompatible with the position of judge of the SCJ or if his promotion procedure has been violated. The refusal of the Legal Commission is not based on any of these reasons. On July 16, 2020, the draft decision regarding the appointment of Mrs. Puica to the position at the SCJ was included in the agenda of the Plenary Session of the Parliament. At the proposal of the President of the Parliament, this topic was excluded from the agenda, to be examined at the next session of the Parliament. At the next meeting of the Parliament on July 20, 2020, the draft decision appointing Judge Puica was not on the agenda. A new session of the Parliament was scheduled for July 23, 2020, but it was canceled after the Parliament decided to end the ordinary session of 2020. In the last 10 years, the Parliament has ignored only one proposal of the SCM regarding the appointment of SCJ judges. Judge Viorica PUICA enjoys an impeccable reputation in the judicial system and is known as a person of unquestionable integrity and consummate professionalism. For 11 years, he taught civil procedural law at the Faculty of Law of the State University of Moldova. In 2007, Mrs. Puica was designated by the CSM as the best judge in Moldova. In 2018, during the last ordinary professional evaluation of judges, the judge's performance was rated "excellent". The rejection of such a candidate would send an alarming signal to honest judges in Moldova and further undermine confidence in the existence of a genuine desire and will to reform the justice system. There are currently 10 vacant positions of judges of the SCJ. The signatory organizations request the Parliament of the Republic of Moldova to adopt as soon as possible a decision regarding the appointment of Ms. Viorica PUICA as a judge at the SCJ. The signatory organizations: 1. Legal Resources Center of Moldova (CRJM) 2. Institute for European Policies and Reforms (IPRE) 3. "WatchDog.MD" Community 4. Association for Foreign Policy (APE) 5. "Access-info" Center 6. Transparency International Moldova 7. East European Foundation 8. Association for Participatory Democracy "ADEPT" 9. Corruption Analysis and Prevention Center (CAPC) 10. CPR Moldova 11. Institute of Public Policies (IPP) 12. Association for Governance Efficient and Responsible (AGER) 13. Victor Munteanu, department director – Justice and Human Rights, FSM 14. Center for Independent Journalism (CJI) 15. Promo-LEX 16. Association of Independent Press (API) 17. Center for Journalistic Investigations