Tuesday, March 9, 2010

Muruianu sentenced to a tickle under the armpits

Days after meting out 'justice' to the seven-minute-wonder-judge, Dorin Popovici, our beloved Superior Magistrates Council (CSM) has just given a 'severe reprimand' to its former president, Ion Muruianu.  this was in relation to his comments that some journalists are rabid dogs and a danger to society.

As with Popovici, the disciplinary action in Muruianu's case is bordering on laughable (although it's not funny at all).  Muruianu's comments about rabid journalists display a fundamental misunderstanding of the nature of a democracy.

Furthermore, Muruianu also fails to understand the need to protect human rights, blaming the media for the losses of cases at the ECHR rather than the corrupted and incompetent Moldovan judiciary.  Muruianu himself is personally responsible for the loss of eight cases at the ECHR, i.e. on eight separate occasions the European Court has ruled that Ion Muruianu has breached the human rights of defendants through his judicial rulings.

It is absolutely astonishing that the CSM thinks that Muruianu and Popovici are fit to serve as judges.  Through these decisions the CSM has shown that it is failing as the body responsible for governance of the judicial system.  It is incapable of cleaning up Moldovan justice.

The problem is, if the CSM will not do it, someone has to.  This is tricky - if the Government or Parliament sticks their beaks in, there will be howls from the left that the constitutional separation of powers is being undermined.

One possible solution, however, would be a constitutional amendment temporarily placing the judiciary under European supervision.  After the garbage is removed and the judiciary has rebuilt its values system and adherence to the law and the constitution, the supervision could be removed.

It's not ideal, but probably the best option in the circumstances.

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