of July 7, 2023 No. 180
About interpretation of separate provisions of the Law on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors No. 26/2022 and the Law on external assessment of judges and candidates for judgeship of the Highest trial chamber No. 65/2023
Based on Item c) article 66 of the Constitution of the Republic of Moldova
The parliament adopts this organic law.
Art. I. - In the Law on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors No. 26/2022 (The official monitor of the Republic of Moldova, 2022, No. 72, of the Art. 103), with subsequent changes, separate provisions should be interpreted as follows:
1. In part sense (2) Article 3 and part (2) Articles 4, 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 the Law on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors No. 26/2022 and regulations on the organization and functioning of the Commission on assessment.
2. In part (8) Article 5:
in Item d sense), the member of the commission by assessment shall not hold within the last three years position of the deputy of Parliament or the member of the government in the Republic of Moldova;
in Item e sense), the member of the commission by assessment shall not consist within the last three years in any political party of the Republic of Moldova.
Art. II. - Part (1) article 7 of the Law on external assessment of judges and candidates for judgeship of the Highest trial chamber No. 65/2023 (The official monitor of the Republic of Moldova, 2023, Art. No. 117-118, 192), with subsequent changes, should be interpreted as follows:
in Item d sense), the member of the commission by assessment shall not borrow and shall not hold within the last three years position of the deputy of Parliament or the member of the government in the Republic of Moldova;
in Item e sense), the member of the commission by assessment shall not consist within the last three years in any political party of the Republic of Moldova.
Art. III. - This law becomes effective from the date of publication in the Official monitor of the Republic of Moldova.
Chairman of the parliament
Igor to Groce
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