LAW OF THE REPUBLIC OF MOLDOVA

of July 20, 1995 No. 544-XIII

About the status of the judge

The parliament adopts this law.

Chapter I. Status of the judge

Article 1. The judge - the carrier of judicial authority

(1) Judicial authority is performed only by degree of jurisdiction on behalf of the judge - the single carrier of judicial authority.

(2) the Judge is person given in constitutional order authority to perform justice and fulfilling the duties based on the law.

(3) Judges of degrees of jurisdiction are independent, impartial, irremovable and submit only to the law.

(4) Judges shall make decisions independently and without prejudice and to have opportunity to be effective without any restrictions, without rendering influence on them, pressure, threats or intervention, direct or indirect, from any bodies, including judicial. The hierarchical organization of judicial authority cannot influence individual independence of the judge.

Article 2. Unity of the status of the judge

Judges of all degrees of jurisdiction have the single status and differ among themselves only with powers and competence.

Chapter II. Case of magistrates

Article 3. Magistrates

Are magistrates and enter the case of magistrates of the judge of all degrees of jurisdiction of the country and the international degrees of jurisdiction.

Article 4.

Voided

Article 5. Length of service in magistracy

The length of service in magistracy is constituted by the period during which person was in the positions specified in Article 3.

Chapter III. Promotion of the candidate for judgeship. Appointment of the judge to position

Article 6. Requirements imposed to the candidate for judgeship

(1) the person with faultless reputation having nationality of the Republic of Moldova, the residence in the country and meeting the following requirements can be the Candidate for judgeship:

a) capable;

b) having the diploma of the licentiate and the diploma of the master of laws or other equivalent education document recognized by the structure given the right of recognition and establishment of equivalence of education documents and qualifications;

c) graduated National institute of justice or having the length of service provided by part (2);

with-1) having general GPA upon termination of National institute of justice or, in case of persons specified in part (2), assessment received at examination before the Commission on acceptance of final examinations of National institute of justice, higher than 8;

d) not having criminal record;

e) knowing Romanian;

f) suitable according to medical requirements for holding the post;

g) ceased to be valid according to the Law of the Republic of Moldova of 01.02.2024 No. 2

(2) the Length of service granting to person the right to become the candidate for judgeship activities of person within the last five years in judgeship or judges - the assistant to the Constitutional court, the judge of the international instance, the prosecutor, the regular law professor in accredited higher educational institutions, the teacher of National institute of justice in the field of the right are considered, the lawyer, the assistant judge or the court session secretary.

(3) Persons having the length of service specified in part (2), except for judges of the international degrees of jurisdiction and judges of the Constitutional court, the Commissions on acceptance of final examinations of National institute of justice according to the procedure and conditions established by the Law on National institute of justice No. 152-XVI of June 8, 2006 take examination.

(4) Person is considered not having faultless reputation in part sense (1) and cannot be the candidate for judgeship if:

a) has the criminal record including extinguished or it was exempted from criminal liability based on the act of amnesty or the act of pardon;

b) it was dismissed from law enforcement agencies on the compromising bases or it is dismissed on the same bases, specified in part (2);

c) his behavior and the activities performed by it are incompatible with regulations of the Code of ethics of judges;

d) it was brought to disciplinary responsibility for non-compliance with provisions of part (2) article 7 of the Law on assessment of institutional integrity No. 325 of December 23, 2013;

e) concerning it the prohibition on occupation of the state position or responsible state position following from the stating act of National authority on integrity is established.

(5) person having length of service in judgeship respectively at least four and at least ten years can apply For judgeship of appeal chamber or the Highest trial chamber.

(6) Voided according to the Law of the Republic of Moldova of 21.04.2016 No. 76

Article 6-1. Check of the state of health of candidates for judgeship and effective judges

(1) Check of the state of health of candidates for judgeship is performed before completion of contest for post of the judge.

(2) Inspection of the state of health of effective judges is carried out once in five years.

(3) Check of the state of health includes also psychological and psychiatric assessment of candidates for judgeship and effective judges.

(4) Requirements to the state of health and the procedure of determination of the state of health of candidates for judgeship and effective judges, including the list of the diseases which are not allowing to hold judgeship affirm the order of the Minister of Health, work and social protection after approval of the Supreme council of magistracy.

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