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Moldova’s Constitutional Court condemns the pressures exerted on constitutional judges of Georgia
Constitutional Court of Moldova is rallying behind Venice Commission’s statement and it expresses its deep concern on the pressures exerted on judges of the Constitutional Court of Georgia, following the ruling of 16 September 2015 in the case of Giorgi Ugulava.
An important component of the rule of law is represented by Constitutional Justice, administered by the Constitutional Court. The role of Constitutional Courts is essential and defining, it representing the very pillar supporting the State and democracy, safeguarding equality before the law, human fundamental rights and freedoms. At the same time, Constitutional Courts contribute to the well-functioning of public authorities by ensuring the constitutional mission of checks and balances of state powers.
Independence of Constitutional Courts is being achieved by mechanisms ensuring the guarantee of the principle of independence of Constitutional Judges. In line with this principle, when performing his/her duties, the judge is subject to nothing but the law and to his/her conscience. Judges should have free rein in order to solve the cases impartially, according to their belief and to their own manner of interpreting facts, under the law.
Rulings of the Constitutional Court are final and binding. Yet this should not mean that the public is not free to voice an opinion on these rulings. Nevertheless, aiming at guaranteeing justice, there emerges the need to protect Judges against destructive attacks, particularly given the Judges are under the obligation of discretion which restrains them from reacting in such a situation.
This justifies including among the legitimate aims, which may restrain the freedom of expression, the need to guarantee ”the authority and impartiality of judicial power.”
Constitutional Court of Moldova expresses its conviction that Georgian national authorities are going to take all the necessary measures aiming at protecting Constitutional Judges and their families from any action of denigration and intimidation.