On December 6, 2024, the Legal Resources Centre from Moldova (LRCM) released an updated analytical note on the compliance with the transparency principle by the new composition of the Superior Council of Prosecutors (SCP). The monitoring of the SCP’s activity, conducted between January 1 and October 31, 2024, highlights both notable progress and some shortcomings in this area.

The document emphasized that out of the 53 meetings scheduled in the first 10 months of 2024, only one was postponed, which indicates more efficient planning and active participation of SCP members to ensure the required quorum. Similarly, the use of digital technologies has been expanded, facilitating the organization of meetings by e-mail or teleconference.

The analysis shows that, during the period under review, disciplinary appeals were mainly examined in public meetings and voting on the issues was also held in public, eliminating the practice of secret voting, which is contrary to the law. The decisions adopted focused mainly on issues related to the selection and career of prosecutors, demonstrating a clear commitment to strengthening the prosecution system. This represents a significant development compared to the period from January 1, 2020, to June 30, 2023, when disciplinary appeals were considered only in closed meetings and secret voting was common practice.

“The Superior Council of Prosecutors, by respecting the principle of transparency, aligns itself with national policies that promote the rule of law. Dialogue on transparency and trust in the judiciary, including on platforms that bring together authorities, development partners and civil society, is one of the effective ways to ensure that we follow the spirit of democratic values,” stated Mariana Cherpec, member of the Superior Council of Prosecutors.

The updated analytical note also reveals some constraints – as of January 2024, the publication date of most SCP agendas and decisions is missing, a problem that did not exist between 2020-2023. Prompt action is needed to restore full access to the data related to SCP documents.

“There have generally been significant improvements in the organization of meetings, and digital technologies are more widely applied, which ensures greater efficiency and visibility. However, we noted that for most agendas and decisions it has become impossible to determine the date of their publication, which was not the case in previous years, and the reasoning for decisions on the approval or rejection of interim management positions remains standardized and insufficient,” pointed out Andrei Nasu, Legal Officer at the LRCM and one of the report’s authors.

In 2024, SCP meetings lasted on average two and a half hours, but only half of this time was conducted publicly. Increasing the share of open meetings would be a priority for SCP members. The motivation of decisions on interim management positions needs improvement. Detailed reasons should be formulated explaining the factual circumstances and the rationale for decisions in more detail.

There was also an uneven approach in the consideration of the Prosecutor General’s requests for the approval of interim positions or confirmation of the appointment of his deputies, some being discussed in deliberation, others not, with no explanation for this differentiation. It is recommended to unify the practice of examining such requests in public meetings and to limit deliberations to disciplinary cases only.

At this stage, the analytical note is proposed for consultation with the community of justice professionals. Comments and suggestions can be sent until December 20, 2024, to [email protected]. Thereafter, the study will be published and sent to all interested parties.

The event presenting the updated analytical note was organized within the project “Support Integrity and Anticorruption efforts in Moldova through active civil society oversightˮ, implemented by the LRCM, with the financial support of the US State Department through the State Bureau of International Narcotics and Law Enforcement Affairs of the United States Embassy in Moldova.