MEDEL wishes to express its serious concern over the reported developments in Moldova, concerning attacks on individual judges, who have been publicly accused by key political actors of corruption and labelled as examples of a judicial system to be “cleansed”, solely due to the content of their decisions.
As a key component of the Rule of law, the independence of the judiciary requires that criticism towards judicial decisions, especially when expressed by representatives of the legislative or executive powers, does not turn into a delegitimization of the judicial function or of individual judges.
“Naming and shaming judges” while they are exercising their functions represents indeed a serious obstacle to the correct fulfilment of their role, due to the intimidating effect and the erosion of public confidence in the justice system.
The executive and legislative powers are under a duty to provide all necessary and adequate protection where the functions of the courts are endangered by attacks or intimidations directed at members of the judiciary[1].
Political attacks on the judiciary and unbalanced criticisms by representatives of the executive or legislative powers amount to a threat to the constitutional balance in a democratic state.
MEDEL urges the Government of the Republic of Moldova to refrain from any actions that would attempt against the independence of justice.
MEDEL recalls that it is the obligation and duty of the Superior Council of Magistracy to act whenever individual judges are subject to declarations by political actors that may undermine their authority and independence and calls on the Moldovan SCM to comply with this important role.
MEDEL will keep following closely the evolution of the debate and reiterates its full support and solidarity to all intimidated Moldovan judges and their Association.
Paris, 1 June 2024
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[1] CCJE OPINION NO. 18 (2015) “The position of the judiciary and its relation with the other powers of state in a modern democracy”