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Ministry of Justice

Republic of Moldova

On February 2, 2016 No. 1099

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of February 1, 2016 No. 91

About approval of the Regulations on selection of representatives of civil society in Disciplinary board of judges

Based on provisions of the h. (3) I ORDER to Art. 10 of the Law No. 178 of July 25, 2014 on disciplinary responsibility of judges:

1. Approve Regulations on selection of representatives of civil society in Disciplinary board of judges, according to appendix.

2. Publish this order in the Official monitor of the Republic of Moldova.

Minister of Justice

Vladimir Chebotar

Appendix

to the Order of the Minister of Justice of the Republic of Moldova of February 1, 2016 No. 91

Regulations on selection of representatives of civil society in Disciplinary board of judges

I. General provisions

1. The regulations on selection of representatives of civil society in Disciplinary board of judges (further - the Provision) establish criteria on candidate screen to position of the member of Disciplinary board of judges, procedure for the organization of public tender for selection of representatives of civil society in Disciplinary board of judges, numerical structure, and also procedure for activities of the commission on selection of representatives of civil society.

2. Selection of four representatives of civil society and four additional members in Disciplinary board of judges is made on the basis of the competition organized by the commission on selection of representatives of civil society.

II. Commission on selection of representatives of civil society

3. The commission on selection of representatives of civil society (further - the Commission) consists of 7 members: from 4 representatives of the Ministry of Justice and 3 representatives of the Supreme council of magistracy. Members of the commission who represent the Supreme council of magistracy are appointed by it at the request of the Ministry of Justice. Members of the commission who represent the Ministry of Justice are appointed by the order of the Minister of Justice.

4. The staff of the Commission affirms the order of the Minister of Justice for each tender on selection of representatives of civil society.

5. The commission elects from the members the chairman who represents it in the relations with other physical persons and legal entities, including with representatives of mass media. All members of the commission participate in selection process of the chairman. One of the members appointed by the Ministry of Justice provides work of the secretariat of the Commission.

6. The commission performs the activities in the presence of, at least, 5 members. All commission sessions, including also interview of candidates, are registered by means of audio.

7. The Ministry of Justice provides tender document storage, including audioregistration storage.

8. Decisions of the Commission are made by a simple majority vote the present members. The member responsible for conducting works of the secretariat has the right to vote.

9. The commission has the following powers:

a) provides creation of documents for the organization of tender;

b) formulates interview questions;

c) considers the file of candidates;

d) holds competition;

e) provides confidentiality of process of assessment of candidates;

f) approves results of tender;

g) provides publication of results of tender on official web pages of the Ministry of Justice and the Supreme council of magistracy.

10. Members of the commission have the following obligations:

a) participate on commission sessions;

b) keep privacy of process of assessment of candidates;

c) inform in writing the commission chairman in case of conflict of interest on type of the conflict, its duration and refrain from participation on commission sessions;

d) provide confidentiality of personal data according to the Law No. 133 of July 8, 2011 on personal data protection;

e) refrain from any activities which can lead to conflict of interest, or from any actions incompatible with quality of the member of the commission, refrain from action which could discredit the Commission or provoke doubts concerning objectivity of its decisions.

11. In case of existence of any reason for incompatibility which can lead to conflict of interest members of the commission inform on it the commission chairman at least in 3 days prior to commission session. Appointment of other member happens within no more than 2 days from the date of informing.

12. The member of the commission can be recalled by organization which appointed it if it was absent on two consecutive commission sessions or does not observe the obligations provided in item 10. In this case appointment of other member happens within no more than 2 days from the date of response.

13. The secretary of the Commission has the following powers:

a) constitutes protocols of commission sessions;

b) constitutes drafts of decisions of the Commission;

c) archives protocols of commission sessions and decisions made by it;

d) checks if the file for tender contains all acts established in item 16;

e) provides storage of the file of participants of tender;

f) other powers established by the commission chairman based on this provision.

The secretary bears responsibility for integrity of the file provided by candidates.

14. Protocols of commission sessions are transferred for information within 1 day from the date of their signing, to the member who is responsible for conducting secretarial works, to the Ministry of Justice and the Supreme council of magistracy.

III. Candidate for position of the member of Disciplinary board of judges

15. Has the right to apply person who for position of the member of Disciplinary board of judges:

a) has faultless reputation;

b) is dear in society;

c) at least 7 years from which at least 5 years of practice have general experience in area of the right;

d) is owner of the diploma of the licentiate or his equivalent;

e) is not the deputy of Parliament, the adviser or the government employee in the central public management;

f) does not consist in one batch;

g) does not perform activities of political nature;

h) has nationality of the Republic of Moldova;

i) is not the high councilor of magistracy or its boards.

16. The file for participation in tender moves personally the candidate for position of the member of Disciplinary board of judges (further - the candidate) in the Ministry of Justice. In case of submission of the file the secretary issues to the candidate the written confirmation of receipt of the file. The file for participation in tender includes:

a) the standard statement for participation in tender;

b) résumé (biography);

c) copy of the identity certificate;

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