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LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 1996 No. 947-XIII

About the Supreme council of magistracy

(The last edition from 23-11-2018)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. The supreme council of magistracy - body of judicial self-government

(1) the Supreme council of magistracy is the independent body created for the organization and functioning of judicial system and serves as the guarantor of independence of judicial authority.

(2) the Supreme council of magistracy performs judicial self-government.

Article 2. Legal basis of activities

The procedure for the organization and functioning of the Supreme council of magistracy is regulated by the Constitution, the Law on judicial system, the Law on the status of the judge, this law and other regulations.

Article 3. Structure

(1) the Supreme council of magistracy consists of 12 members.

(2) judges and regular lecturers in law, and also the chairmen of the Highest trial chamber, the Minister of Justice, the Attorney-General who are members of council by right are part of the Supreme council of magistracy.

(3) Three high councilors of magistracy from among regular lecturers in law, are open and transparent selected by the Commission of Parliament on points of law, appointments and immunity as a result of public tender, are elected by Parliament by a majority vote the elected deputies.

(4) Six high councilors of magistracy, including two replacement members, are elected from among judges by secret vote by General meeting of judges taking into account representation of all levels of degrees of jurisdiction. Are considered as the elite as members and replacement high councilors of magistracy of the judge, the collected more than a half of votes of the judges who are present at meeting in the decreasing procedure for the collected votes.

(5) For ensuring activities of the Supreme council of magistracy of the judge, chosen General meeting of judges, are recalled to Council on completion date of powers of his member.

(6) High councilors of magistracy, except persons which are members by right cannot be engaged in other paid activities, except for teaching and scientific.

(7) Persons holding managerial positions when electing as their members of the Highest
council of magistracy within 30 days from the date of election submit applications for suspension of administrative activities for completion date of powers of the high councilor of magistracy.

Article 4. Competence of the Supreme council of magistracy

(1) in pursuance of the obligations the Supreme council of magistracy performs the following powers concerning job development of judges:

a) makes offers to the President of the Republic of Moldova or, respectively, to Parliament about position assignment, promotion in higher degree of jurisdiction, transfer in degree of jurisdiction of the same level or in subordinate degree of jurisdiction, position assignment of the chairman or vice-chairman of degree of jurisdiction or dismissal of judges, chairmen and deputy chairmen of degrees of jurisdiction;

b) takes the oath of judges;

c) approves regulations on criteria and the procedure of candidate screen to position
judges, promotions of the judge in higher degree of jurisdiction, position assignments of the chairman or the vice-chairman of degree of jurisdiction and transfer of the judge in degree of jurisdiction of the same level or in subordinate degree of jurisdiction;

d) approves regulations on carrying out tender on substitution of vacant positions
judges, the chairman or the vice-chairman of degree of jurisdiction also provides the organization and carrying out tender;

e) makes decisions on temporary holding the post of the chairman or the deputy
the chairman of justices, appeal chamber or the Highest trial chamber in case of availability
vacancies of position or temporary discharge from position prior to occupation of vacant position in the procedure established by the law or cancellations of temporary discharge;

f) applies to judges of measure of encouragement.

g) appoints members of board on selection and career of judges and board by assessment
activities of judges according to the competence.

 (2) in pursuance of the obligations the Supreme council of magistracy performs the following powers in the field of basic and continuous training of judges and personnel of the secretariat of degrees of jurisdiction:

a) appoints judges in structure of Council of National institute of justice;

b) approves the strategy of elementary and continuous training of judges, and also expresses the opinion concerning the plan of its realization;

c) considers and expresses the opinion on the Regulations on carrying out introductory tender in National institute of justice, on training programs and plans for rates of elementary and continuous training of institute, on Regulations on carrying out tender on substitution of teaching positions, and also on structure of the commissions on acceptance of admission and final examinations at National institute of justice;

with-2) directs judges for the benefit of service for participation in seminars, conferences, and also to the training rates and in business trips;

d) annually till March 31 represents to National institute of justice of the offer on number of the places exposed on tender on acceptance on elementary training of candidates for judgeship next year;

e) considers claims to decisions of board on selection and career of judges and board according to activities of judges.

(The Supreme council of magistracy performs 3) in pursuance of the obligations
the following powers in the field of respect for discipline and judicial ethics:

a) makes decisions according to the petitions connected with the questions relating to judicial
to ethics;

b) considers claims to the decisions passed by disciplinary board;

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