After the Constitutional Court ordered the authorities to amend the law so that the information on the judges targeted in the cases at the ECHR to be public, the Ministry of Justice responds.
Officials suggest amending the law, which now states that any correspondence between the Agent and other institutions is secret. The new amendments to the Law state that the Ministry of Justice should limit the access to information related to mutual agreement, although the Government is obliged to pay damages from public funds for each case lost at ECHR.
According to bizlaw.md, project’s authors propose that "notwithstanding the provisions of par. (1) Government Agent's correspondence with the European Court and national authorities regarding the settlement of a case pending at the Court or making a unilateral declaration, is confidential and cannot be made public”.
We remind that the magistrates of the Court the drew attention to the fact that Article 34 of the Constitution obliges the state authorities to communicate the information of public interest, while the secret information is not legally justified, as long as if it doesn’t pursue a legitimate aim. Consequently, the Parliament will amend the law so as some restrictions remain for certain categories of information, but the legal norm should not be more restrictive than the rules laid down in the Convention.
The discussion on this subject started after last October the lawyers have asked the Ministry of Justice the names of the judges who judged a case, reached the ECHR and the Republic of Moldova was convicted, but the authority refused to disclose such information, citing the new law.