Verdict to the courts: Moldovan authorities put pressure on lawyers before crucial elections

The Moldovan authorities continue to put pressure on the judicial system. The latest legislative amendments relate to the work of lawyers, who are now effectively under the control of the Government of the country. Experts remind that parliamentary elections will be held in the republic this year, so the ruling party is trying to strengthen its position before the voting day. Izvestia investigated the situation.

The struggle for commissions

The Moldovan parliament quickly and in a semi-secret manner adopted amendments to the law on the legal profession. The document was submitted to the deputies on July 9, and the next day it was approved in the final reading. It is noted that no public discussions and consultations with the professional community have been conducted, although the regulations oblige them to do so.

According to the innovations, the Ministry of Justice will appoint several representatives to the internal commissions of the Union of Moldovan Lawyers (UIA). This will strengthen state control over the community. In addition, lawyers who are currently working on the commissions will not be able to be re-elected for three years. Finally, a ban is being introduced on charging fees for reviewing complaints to the AGR — this rule will undermine the financial independence of the association.

The head of the CMA, Dorin Popescu, called the incident an unprecedented attack that takes justice back to the 90s. "The legislative proposals contradict the principles of a free and independent legal profession. We are witnessing a process of violation of the rule of law, when the state (and in fact certain individuals) takes political control over the profession," he said.

Many well-known lawyers have also criticized these innovations. The former deputy head of the National Anti-Corruption Center, Kristina Ciubotaru, stressed that the introduction of changes would lead to the subordination of the legal profession to the political authorities. Former judge Ion Cojocari recalled that the legislation does not just advise, but obliges deputies to consult with the professional community before making a decision.

On July 14, members of Parliament and officials of the Ministry of Justice met with members of the AGR, but the parties failed to reach an agreement. Representatives of the authorities assured that the amendments comply with European recommendations. In response, the interlocutors stated that there were no restrictions on the length of time in parliament for the deputies themselves, but restrictions were being introduced for justice workers.

As a result, a general strike of lawyers began on July 15. It has been announced that it will last for ten days, ending on July 25, when an extraordinary congress of the CMA will be held in Chisinau. It is emphasized that during the strike, some urgent services will still be provided, including support during detention and changing the preventive measure, but lawyers refused to participate in most court sessions.

Make it to the elections

The main demand of the strikers is that President Maia Sandu not sign the legislative amendments. According to the law, the head of state has two weeks to review the document after its approval in parliament, meaning she must make a decision by July 24. "The bill is being studied, a risk analysis is underway, and we have a team that works specifically in the legal field," said Igor Zakharov, Sandu's press secretary.

Interestingly, the only lawyer who refused to support the strike was the Moldovan president's personal lawyer, Eduard Digore. According to him, colleagues should not be outraged, but "think hard about the meaning of the reform." At the same time, the judicial authorities note that after the start of the protest action, work actually stopped. So, on July 16, 1,700 court hearings were supposed to take place in the country, but most of them had to be postponed.

In general, in recent years, the Moldovan authorities have been consistently attacking the independence of the judicial branch of government. So, back in 2021, Maya Sandu first attended a meeting of the Supreme Council of Magistracy, which, according to the law, does not depend on the executive branch in any way. Then, during the event, the president gave the members of the SCM a month to "restore order in justice."

Further, "vetting" and "preveting" mechanisms were introduced in the country, that is, inspections of judges not only by specialized specialists, but also by experts from non-governmental organizations loyal to the authorities. In the highest judicial instances, personnel purges took place in the interests of the ruling party. For example, the former lawyer of Maia Sandu, a former member of the ruling party, Nikolai Roska, became the chairman of the Constitutional Court.

In 2022, Maia Sandu dismissed Prosecutor General Alexander Stoyanoglo, who was trying to investigate high-profile corruption cases. He did not give up then, filed a complaint with the European Court of Human Rights and managed to prove that he was fired in violation of the procedure. That incident became a good political springboard, and in the fall of 2024 Stoyanoglo reached the second round of the presidential election.

Finally, this spring, a big scandal broke out after the revelations of the former head of the Anti-Corruption Prosecutor's Office Veronika Dragalin. She said that Prime Minister Dorin Rechan and President Maia Sandu demanded that she provide a list of "incorruptible prosecutors" whom they wanted to crack down on. In addition, she said that members of the government were collecting dirt on judges so that they would make "correct" decisions.

Now the opposition says that lawyers are preventing the authorities from completely subordinating the judicial system. "These people do not allow fabricating cases, keeping people behind bars for political reasons and turning justice into a repressive mechanism, which is why the government is so afraid of them," says former Prime Minister Vasily Tarlev. According to him, the ruling party wants to completely seize the judicial system before September 28, when parliamentary elections will be held in the country.

What the experts say

Moldovan political scientist Alexander Korinenko explains that the country's authorities really don't like the involvement of lawyers in political cases.

— There was a lot of talk in the ruling party about "electoral corruption" in the elections last year, and large fines were issued to poor citizens in these cases. The lawyers managed to help the injured people and achieved the abolition of many punishments. Maya Sandu's team didn't like all this very much. New elections are approaching now, and the ruling group's fear of losing is such that they are ready to violate the norms of decency in order to maintain power," he notes.

Sergei Manastyrli, head of the Balkan Center for Analysis, Research and Forecasting, says that the ruling PAS party and President Sandu are consistently building an authoritarian regime.

— Under the guise of fighting "hybrid threats" and "Russian influence," the Sandu regime systematically suppresses freedom of expression, shuts down opposition media, and persecutes opposition politicians. The takeover of the judicial and legal system is a fundamental part of this plan. Today, only the legal community remains a more or less independent component of the Moldovan justice system, but the amendments to the legislation adopted by the PAS eliminate this "shortcoming," he emphasizes.