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Draft law on external evaluation of judges and prosecutors in key positions approved by government

05-07-2023 14:15
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The cabinet voted a draft law on external evaluation of judges and prosecutors in key positions, which will allow the implementation of the third stage of the vetting mechanism and the last part of the reform of the justice system - a commitment assumed by our country at national and international level. It is also one of the basic conditions resulting from the Association Agreement between the Republic of Moldova and the European Union.

The subjects of the evaluation are judges and prosecutors in key positions, including candidates for those positions. In the evaluation process, they will benefit from several guarantees, such as the possibility to extend the term set by the evaluation commission for the presentation of additional information, the right to present any evidence they consider necessary, the right to request the hearing to be held in closed session.

Also, the number of ethical and financial criteria will be reduced and they will be set out in a more precise manner to avoid failing the assessment for minor financial irregularities or small violations. Subjects who do not pass the external evaluation will be released from their positions. In this context, the draft establishes the period of application of the prohibition to act as a judge/prosecutor and other positions of public dignity from 5 to 7 years, from the date of finality of the decision of the Superior Council of Magistracy (CSM) or the Superior Council of Prosecutors (CSP).

"The integrity assessment exercise will be exceptional, unique and limited in time. Its purpose is to increase the quality of the judicial act and to create the mechanism for carrying out until December 31, 2025 the external evaluation of the ethical and financial integrity of judges and prosecutors in key positions. At the same time, we will ensure the maintenance of impartial and integrity judges and prosecutors, which will also justify the subsequent increase in their salaries. We will make an effort to increase citizens' trust in the judicial system and that of the prosecutor's office", Minister of Justice Veronica Mihailov-Moraru said.

The evaluation mechanism is similar to the one established in the Law on the evaluation of judges of the Supreme Court of Justice (CSJ), the final decision on career of judges and prosecutors to be taken by the CSM and CSP, as self-administration bodies with a constitutional mandate.

The draft law was set up to carry out the activities deriving from the Action Plan for implementation of the Strategy on ensuring the independence and integrity of the justice sector for 2022-2025, and from the Government's Action Plan for 2023. 

 

Agenda

August 2026

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