LAW OF THE REPUBLIC OF MOLDOVA

of July 5, 2012 No. 154

About selection, assessment of activities and career of judges

The Parliament adopts this organic law.

Section I Selection and career of judges

Chapter 1 General provisions

Article 1. Candidate screen on judgeship and career of judges

(1) the Purpose of regulation of the procedure of candidate screen on judgeship is ensuring its objectivity, impartiality and transparency, guaranteeing selection of the best candidates for this position.

(The Career of the judge includes 2) as promotion in higher degree of jurisdiction, position assignment of the chairman or vice-chairman of degree of jurisdiction, and transfer in degree of jurisdiction of the same level or subordinate.

Article 2. Selection criteria, transfer, position assignment of the chairman or the vice-chairman of degree of jurisdiction, promotion of judges in higher degree of jurisdiction

(1) Candidate screen on judgeship, promotion of the judge in higher degree of jurisdiction, position assignment of the chairman or vice-chairman of degree of jurisdiction, transfer of the judge in degree of jurisdiction of the same level or subordinate are performed by board on selection and career of judges (further - selection board) on the basis of the clear, transparent, objective and based on merits criteria.

(1-1) Provisions approved by the Supreme council of magistracy can provide that all candidates for judgeship, the chairman or the vice-chairman of degree of jurisdiction in case of promotion or in case of transfer in other degree of jurisdiction are estimated at higher degree of jurisdiction also by the Supreme council of magistracy. The share of result of assessment on average on tender cannot exceed 20%.

(2) In case of candidate screen on judgeship, promotion of the judge in higher degree of jurisdiction, position assignment of the chairman or vice-chairman of degree of jurisdiction, transfer of the judge into degree of jurisdiction of the same level or subordinate are taken into account:

a) level of professional knowledge and abilities;

b) capability put knowledge into practice;

c) length of service as the judge or on legal specialty;

d) qualitative and quantitative indices of activities as the judge or, on circumstances, on legal specialty;

e) respect for ethical standards;

f) teaching and scientific activities.

(3) In provisions of the Supreme council of magistracy the detailed procedure and criteria are established:

a) candidate screen on judgeship;

b) promotions of the judge in higher degree of jurisdiction;

c) position assignments of the chairman or vice-chairman of degree of jurisdiction;

d) transfer of the judge in degree of jurisdiction of the same level or subordinate.

(4) the Provisions of the Supreme council of magistracy specified in part (3), are published in the Official monitor of the Republic of Moldova and on the web page of the Supreme council of magistracy.

Chapter 2 Selection board

Article 3. Structure and term of office

(1) the Selection board aims at ensuring candidate screen on judgeship, promotion of judges in higher degrees of jurisdiction, position assignment of the chairman or vice-chairman of degree of jurisdiction, transfer of judges in degrees of jurisdiction of the same level or subordinate.

(2) the Selection board is effective in the following structure:

a) four judges from degrees of jurisdiction of all levels: two judges of the Highest trial chamber, one judge of appeal chamber and one judge from courts;

b) three representatives of civil society.

(3) to member Judges of selection board loading on the main position taking into account load of the member of selection board with preserving the salary of the judge decreases. Members of selection board from among representatives of civil society earn reward in the amount of the one twentieth salary of the judge of the Highest trial chamber for each meeting in which participated.

(The Term of office of the member of selection board constitutes 4) four years. The member of selection board cannot be chosen or appointed to two terms in a row.

Article 4. Election and appointment of members of selection board

(1) Members of selection board from among judges are elected by General meeting of judges.

(2) Members of selection board from among representatives of civil society are appointed by the Supreme council of magistracy as a result of selection on the basis of the open tender organized by it.

(2-1) Candidates for position of the member of selection board specified in parts (1) and (2), 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 created according to the law. The candidate who did not pass assessment cannot be elected the member or the replacement member of selection board.

(3) Members of selection board from among representatives of civil society shall have faultless reputation and authority on society. To check reputation and authority of candidates for position of the member of selection board, information on them is published on the web page of the Supreme council of magistracy.

(4) Members of selection board from among representatives of civil society shall observe the restrictions provided by Items b) and c) parts (1) and part (3) article 8 of the Law on the status of the judge.

(5) in case of impossibility one of members of selection board to fulfill the duties the body which chose or appointed him provides election or appointment of the new member to remaining period of powers within 30 days.

(6) In structure of selection board high councilors of magistracy, disciplinary board, board according to activities of judges cannot be elected and judicial inspectors.

Article 5. Competence of selection board

(1) Selection board:

a) considers the cases of candidates for judgeship provided by candidates and concerning them documents;

b) considers the cases of the judges who are candidates for promotion for higher degree of jurisdiction, for position of the chairman or the vice-chairman of degree of jurisdiction or asking about transfer in degree of jurisdiction of the same level or subordinate, and also provided by them and concerning them documents;

c) organizes and conducts interview with the candidates for judgeship and the judges who are candidates for promotion for higher degree of jurisdiction, for position of the chairman or the vice-chairman of degree of jurisdiction or asking about transfer in degree of jurisdiction of the same level or subordinate;

d) awards points to candidates for judgeship by selection criteria;

e) awards points to the judges who are candidates for promotion for higher degree of jurisdiction by criteria of the corresponding promotion;

f) awards points to the judges who are candidates for position of the chairman or the vice-chairman of degree of jurisdiction by criteria of appointment to the corresponding positions;

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