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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 29-07-2022)

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) the judges and persons having high professional reputation and personal integrity are part of the Supreme council of magistracy, with work experience in area of the right or in other respective area according to Item c) parts (1) Article 3-1, not working in bodies of legislative, executive or judicial authority and not belonging to political party. At least four of them shall have work experience in area of the right.

(3) Three high councilors of magistracy from among regular lecturers in law are appointed by the resolution of Parliament based on offers of the Commission of Parliament on points of law, appointments and immunity. For this purpose before the expiration of powers of the appointed members the Commission on points of law, appointments and immunity holds open tender. The open tender includes, at least, consideration of document packages and hearing of candidates. The commission on points of law, appointments and immunity constitutes the reasoned conclusions on each selected candidate and offers Parliament their appointment.

(3-1) Candidates for position of the high councilor of magistracy specified in part (3), are subject to integrity assessment by the Independent commission on assessment of integrity of candidates for position of the member of self-government institutions of judges and prosecutors founded based on the law. The decision of the commission joins document package of the candidate. The candidate who did not pass assessment cannot be included in voting bulletin.

(3-2) If to carry out appointment procedure of members by Parliament according to part (3) it was not possible, the appropriate question after carrying out consultations with parliamentary fractions joins in the agenda of parliamentary session within the same session in 15 working days for appointment of the corresponding members three fifth voices of the elected deputies.

(3-3) If after two attempts the Parliament does not manage to appoint all specified in part (3) high councilors of magistracy, the Parliament can appoint simple majority to vacant positions of high councilors of magistracy on condition of receipt of the positive conclusion of the commission of independent experts by them. The regulations on creation and activities of the relevant commission affirm Parliament. Enter into the commission of independent experts:

a) national lawyer (ombudsman);

b) one lawyer appointed by Council of the Union of lawyers;

c) one judge appointed by the Plenum of the Highest trial chamber;

d) one prosecutor appointed by the Supreme council of prosecutors;

e) one member appointed the President of the Republic of Moldova.

(3-4) Commission specified in part (3-3), takes out by results of open interview the conclusion concerning each candidate who remained in tender. The commission takes out the positive conclusion only if it will be convinced that as the high councilor of magistracy the candidate will effectively promote implementation of powers of Council and will not threaten its independence or independence of judicial system.

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