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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 24-08-2021)

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 and 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 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.

(4) Six high councilors of magistracy from among judges are elected by secret vote by General meeting of judges as follows: four - from courts, one - from appeal chambers and one - from the Highest trial chamber. Are considered as the elected high councilors of magistracy of the candidate judge, got the maximum number of votes. Other candidates are considered as replacement members who replace vacant positions of high councilors of magistracy from among judges according to the level of degrees of jurisdiction on which they were elected, in decreasing order of quantity of the received votes. In case of equality of votes, the high councilors of magistracy given for candidates for vacant positions from among judges according to the level of degrees of jurisdiction, and also in case of replacement members the parity is solved by draw according to the procedure for carrying out approved by General meeting of judges.

(5) the Supreme council of magistracy announces day of holding meeting of General meeting of judges on which his members, at least in two months prior to day of meeting shall be elected. Candidates for position of the high councilor of magistracy give document packages about participation to the Supreme council of magistracy at least in 30 days prior to day of holding meeting of General meeting of judges. The candidate list and the given document packages about participation are published on the official web page of the Supreme council of magistracy in the first working day after the expiration of deadline for document package.

(6) Candidates for position of the high councilor of magistracy from among judges have the right to wage campaign for promotion (election campaign). Chairmen of degrees of jurisdiction promote holding meetings of candidates with judges.

(7) For ensuring activities of the Supreme council of magistracy of the judge, chosen General meeting of judges, are recalled on completion date of powers of the high councilor of magistracy. After receipt of the status of the member the managerial positions held earlier by member judges of the Supreme council of magistracy become vacant by right.

(8) During execution of powers of the high councilor of magistracy the members appointed according to part (3), cannot perform representative activities in courts, appeal chambers and the Highest trial chamber.

Article 3-1. Conditions of election as the high councilor of magistracy from among judges

(1) the candidate who answers the following conditions can be elected To position of the high councilor of magistracy from among judges:

a) has length of service in judgeship at least two actually fulfilled years;

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