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) three judges;

b) two representatives of civil society.

(3) to member Judges of selection board official loading taking into account load of the member of board according to the procedure decreases, established by the Supreme council of magistracy. Members of selection board earn reward in the amount of one tenth (1/10) of the salary of the chairman of the Supreme council of magistracy for each meeting in which they participated, but no more than for two meetings a month.

(The Term of office of the member of board constitutes 4) six years. The member of selection board cannot be re-elected or appointed to one term of office.

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. Candidates for position of the member of selection board from among judges can wage campaigns for promotion. The rules regulating campaign for promotion of the judges who are candidates for the Supreme council of magistracy, and procedure for their election are applied as appropriate. The judge who got the maximum number of votes is considered the elected to selection board.

(On General meeting of judges replacement members according to the procedure are chosen 1-1), similar established for election of high councilors of magistracy. The replacement member continues to perform powers of the replaced member throughout remaining period.

(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 of performance the Supreme council of magistracy at the request of board within two months provides to one of members of selection board from among representatives of civil society of the obligations within more than three months appointment of the new member of board.

(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;

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