THE STATEMENT FROM THE DECISION OF THE SUPREME COUNCIL OF MAGISTATURA OF THE REPUBLIC OF MOLDOVA

of May 31, 2013 No. 812

The statement from the Decision of January 29, 2013 No. 89/4 "About approval of the Regulations on the organization, competence and procedure for functioning of judicial inspection"

   The supreme council of magistracy DECIDED:

   1. Approve Regulations on the organization, competence and procedure for functioning of judicial inspection, according to appendix to this decision.

   2. This decision is published in the Official monitor of the Republic of Moldova and on the web page of the Supreme council of magistracy.

Approved by the Decision of the Supreme council of magistracy of January 29, 2013 No. 89/4

Regulations on the organization, competence and procedure for functioning of judicial inspection

   No. 185-XVI was changed and added with the law of July 26, 2007 the Law on the Supreme council of magistracy according to which under the Supreme council of magistracy the judicial inspectorate is founded. According to the p. (2) Art. 7 of the Law on the Supreme council of magistracy competence, procedure for the organization and functioning of judicial inspection are established by the above-mentioned law and the Provision approved by the Supreme council of magistracy.

I. General provisions

   1.1. Judicial inspection is the body founded under the Supreme council of magistracy, providing check of organizational activities of degrees of jurisdiction when implementing of justice by them (powers according to the analysis, check and control in specific spheres of activity). When implementing given power judicial inspection is effective by the principle of operational independence.

   1.2. The procedure for functioning, the organization and competence of judicial inspection are regulated by the Laws on the Supreme council of magistracy, on judicial system, on the status of the judge, this Provision, and also other regulations.

   1.3. Purposes of activities of judicial inspection:

   a) improvement of organizational results of degrees of jurisdiction and uniform (uniform) use of procedural rules, by means of formulation of adequate offers based on the performed data obtained as a result of and provision of the objective information to the organizations participating in management of judicial system;

   b) ensuring awareness of the responsibility by judges, by means of determination of the situations falling under action of regulations on disciplinary responsibility of judges; 

   c) the offer of adequate measures as a result of check of situations in which it is specified non-compliance with professional reputation, impartiality and independence of judges and judicial system in general;

   d) identification of weak points in judicial system, elimination of dysfunctions and prevention of risks in activities of degrees of jurisdiction. 

II. Principles of activities of judicial inspection

    2.1. The principle of legality – activities of judicial inspection is performed only according to the law.

   2.2. The principle of respect for independence of the judge, and also the principle of inadmissibility of de novo review of solved case – performed by judicial inspection are performed once with respect for the principles of independence of judges, their subordination only to the law, and also inadmissibility of de novo review of solved case once. The check performed by judicial inspection cannot include the judgments appealed in the procedure provided by the law. 

   2.3. The principle of impartiality – during implementation of the powers, judicial inspectors shall be objective, impartial and neutral, not cause suspicion of lack of impartiality. It assumes manifestation of the same relation to all checked faces, without breaking the principles of objectivity and impartiality.

   2.4. The principle of confidentiality - checks and performance of works by inspectorate are performed with observance of the regulations on personal data protection provided by the national legal system. Acts, documents or any information relating to the cases which are in production by judicial inspectorate are confidential, except for the acts, documents and information representing according to the law, public information.

   2.5. The principle of transparency - the purposes of check are brought in writing to the attention of the checked faces before activities for control, and during checks talk with the checked faces is carried on. At the end of checks established facts are brought to the attention of the checked faces.

III. Structure of judicial inspectorate and legal position of the judicial inspector  

   3.1. Structure of judicial inspectorate:

   a) judicial inspection consists of five judicial inspectors;

   b) the chief judicial inspector appointed by the Supreme council of magistracy from among judicial inspectors to all term of office directs judicial inspection; 

   c) the chief judicial inspector is under supervision of the Supreme council of magistracy;

   d) judicial inspectors are appointed to position by the Supreme council of magistracy based on the competition announced by council not later than 30 days before its carrying out;

   e) The supreme council of magistracy places the decision on carrying out tender in the Official monitor of the Republic of Moldova and on the web page of the Supreme council of magistracy (www.csm.md); 

   3.2. In case of execution of the obligations the judicial inspector uses immunity, the stipulated in Article 19 Laws on the status of the judge:

   - the identity of the judicial inspector is inviolable;

   - immunity of the judicial inspector extends to its dwelling, the office used by it vehicles and means of communication, correspondence, personal property and documents;

   - the judicial inspector cannot be made responsible for the opinion expressed to them when implementing justice and for the passed decision if only his fault expressed in criminal abuse is not established by the sentence which took legal effect;

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