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LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 1996 No. 947-XIII

About the Supreme council of magistracy

(as amended on 06-02-2020)

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 15 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) Five high councilors of magistracy from among regular lecturers in law are appointed by Parliament by a majority vote of the elected deputies based on offers of the Commission of Parliament on points of law, appointments and immunity. The commission on points of law, appointments and immunity will organize open tender before the expiration of powers of the appointed members or within 30 days from the date of emergence of vacancy. The open tender includes, at least, consideration of personal records and hearing of candidates. The commission on points of law, appointments and immunity constitutes the reasoned conclusions on each selected candidate and suggests Parliament to appoint them.

(4) Seven members from among judges, and also seven replacement members are elected in the Supreme council of magistracy by secret vote by General meeting of judges as follows: four – from courts, two – from appeal chambers and one of the Highest trial chamber. The candidate judges who collected more than a half of votes of the judges who are present at meeting of General meeting in decreasing order of quantity of the received votes are considered as the elected members and replacement high councilors of magistracy. Replacement members hold vacant positions of high councilors of magistracy from among judges according to the level of degrees of jurisdiction for which they were elected, in decreasing order of quantity of the received votes.

(4-1) Supreme council of magistracy announce date of General meeting of judges on which members of council, at least in 60 days prior to day of meeting and no later than 30 days from the date of the expiration of powers of the high councilor of magistracy shall be elected. Candidates for position of the high councilor of magistracy represent the personal records to Council at least in 30 days prior to day of holding meeting of General meeting of judges. The candidate list and personal records provided by them are published on the official web page of the Supreme council of magistracy in the first day after the expiration of deadline of submission of personal records. Candidates for position of the high councilor of magistracy have the right to wage among judges campaign for promotion according to the procedure, established by the Supreme council of magistracy.

(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 high councilors of magistracy within 30 days from the date of election file resignation from managerial position.

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:

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