A mechanism for assessing the achievements of the prosecutor general will be introduced in Moldova, providing for the possibility of applying sanctions against him/her, including dismissal.
This is provided for by appropriate amendments to the Law on the Prosecutor's Office, which the country's parliament adopted on August 24 in the second reading. Amendments to the Law on the Prosecutor's Office stipulate that in case of poor performance, the Prosecutor General can be disciplined, or he/she can be removed from office. To assess the performance, the level of knowledge and professional skills, suitability for the position held, the achievements of the Prosecutor General will be assessed by the Evaluation Commission of the Prosecutor General, formed by the Supreme Council of the Prosecutor's Office. Based on the results of the assessment of the achievements of the Prosecutor General, the Commission for the Assessment of the Prosecutor General's achievements will draw up a motivated report and give one of the following assessments: “excellent”, “good”, “unsatisfactory”. A report with the score obtained will be submitted to the Superior Council of Prosecutors. It was stipulated that in case of receiving an assessment “unsatisfactory”, the Supreme Council of Prosecutors will propose to the President of Moldova to dismiss the Prosecutor General. Evaluation of the work of the Prosecutor General will be carried out by a special commission on the basis of the Regulation. This procedure can be performed no more than once a year. During the second reading, amendments were adopted regarding the temporary position of the Prosecutor General. The new edition clarifies the situation with the appointment of an interim prosecutor general by presidential decree on the proposal of the Supreme Council of Prosecutors. The law will come into force on the day it is published in Monitorul Oficial. As Minister of Justice Sergiu Litvinenco noted earlier, the introduction of provisions on assessing the achievements of the Prosecutor General, as well as provisions on the application of disciplinary liability to him/her, is intended to ensure accountability of the Prosecutor's Office and its leadership and establish a balance of powers and control between the Prosecutor General and the Supreme Council of Prosecutors. He noted that, in accordance with the current legal provisions, the activities of the Prosecutor General are deprived of any form of effective control and any monitoring procedure to determine whether he/she is fulfilling his/her legal duties in good faith and in the interests of the state or acting in favor of certain interests and / or criminal groups. “In other words, it is impossible to punish the prosecutor general, even if, for example, he/she does not take any action for 7 years or, depending on the circumstances, for 7 years acts exclusively in favor of oligarchic groups,” the head of the Ministry of Justice said.// 24.08.2021 — InfoMarket.
