LAW OF THE REPUBLIC OF MOLDOVA

of March 30, 2023 No. 65

About external assessment of judges and candidates for judgeship of the Highest trial chamber

For the purpose of ensuring integrity of judges of the Highest trial chamber and increase in trust of society to its activities and to justice system

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law regulates the legal relationship relating to the procedure of external assessment of ethical integrity and financial integrity (further - assessment) judges of the Highest trial chamber and candidates for judgeship of the Highest trial chamber.

Article 2. Purpose and valuation principles

(1) Assessment represents the exclusive one-time and limited in time action performed for check of integrity of the subjects specified in part (1) Article 3.

(2) Assessment of judges of the Highest trial chamber and candidates for judgeship of the Highest trial chamber is performed on the basis of the following principles:

a) independence of the Commission on assessment;

b) justice of assessment procedure;

c) publicity of the acts issued in the course of assessment;

d) exclusive nature of assessment.

Article 3. Subjects of assessment

(1) Subjects of assessment are:

a) the judges of the Highest trial chamber who are in the positions on the date of entry into force of this law including discharged of position;

b) candidates for judgeship of the Highest trial chamber.

(2) are not subject to assessment:

a) the judges of the Highest trial chamber and candidates for judgeship of the Highest trial chamber who passed the integrity assessment provided by the Law on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors No. 26/2022;

b) judges who in 20-day time after the notification on initiation of assessment file resignation.

(3) the Resignation filed according to Item b) parts (2), it can be withdrawn only during 20-day term. Submission of the resignation by the judge after this term irrespective of the given reason is equated to not passing of assessment.

(4) In day of receipt of the resignation the Supreme council of magistracy informs on it the Commission on assessment. The supreme council of magistracy considers the resignation and passes on it the decision not later than in ten days after the expiration provided in part (3), and informs the Commission on assessment on the made decision.

Chapter II Commission on assessment

Article 4. Competence and powers of the Commission on assessment

(1) the Commission on assessment performs assessment of the subjects specified in part (1) Article 3.

(2) the Commission on assessment is not body of the public power in sense of provisions of the Administrative code. Activities of the Commission on assessment are not public, behind the exceptions established by this law and regulations on the organization and functioning of the Commission on assessment.

(3) For execution of the powers the Commission on assessment has the following competences:

a) collects, accumulates and checks all information, essential to assessment, with use of the means which are not forbidden by the law;

b) has access to any information system which contains information essential to execution of the powers by it, including through platform of interoperability (MConnect);

c) requests information from the subject of assessment;

d) requests and obtains on a grant basis information from other physical persons and legal entities of public or private law, including financial institutions;

e) hears the subject of assessment and other persons having information essential to assessment;

f) carries out assessment and approves reports on results of assessment;

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