of March 3, 2015 No. 144/7
About approval of the Regulations on activities of disciplinary board
Having considered the project of the Regulations on activities of disciplinary board, having heard information of madam Vera Thomas, the Supreme council of magistracy established:
Owing to publication in the Official monitor of the Republic of Moldova on August 15, 2015. The law No. 178 of July 25, 2014, about disciplinary responsibility of judges the Supreme council of magistracy approved by the decision No. 61/2 of January 27, 2015 Regulations on activities of disciplinary board under the Supreme council of magistracy, having at the same time established need of review of some requirements of this Provision according to the Law No. 178 of July 25, 2014.
Afterwards, according to the h. (3) 178, the disciplinary board submitted by Art. 26 of the Law No. for approval as appendix to the mentioned Provision sample of the report of Judicial inspectorate. Other offers or changes concerning the Provision were not received.
Considering the above, for the purpose of execution of legal regulations and ensuring the correct implementation of activities of disciplinary board the Supreme council of magistracy considers necessary to approve the project of the Regulations on activities of disciplinary board under the Supreme council of magistracy with the provided appendix.
1. Approve Regulations on activities of disciplinary board under the Supreme council of magistracy with appendix which is integral part of this Provision.
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 (www.csm.md).
Chairman of the Supreme council of magistracy
Victor to Mick
Approved by the Decision of the Supreme council of magistracy of the Republic of Moldova of March 3, 2015 No. 144/7
The regulations on activities of disciplinary board (further - the Provision) are developed according to the Law on disciplinary responsibility of judges No. 178 of July 25, 2014 (further – the Law No. 178).
This Provision establishes method of creation, the organization and activities of disciplinary board, and also its interaction with the Supreme council of magistracy, its secretariat and Judicial inspection.
1. The disciplinary board (further - board) is independent body which considers disciplinary cases in the relation of judges and imposes authority punishments.
2. According to the p. (1) Art. 16 of the Law No. 178, organizing activities and clerical work of disciplinary board are conducted by the secretariat of the Supreme council of magistracy (further - the secretariat).
3. Structure (structures) on admissibility of disciplinary board (further – structure or structures on admissibility) are created/are created within disciplinary board for the purpose of consideration of admissibility of the statement for circumstances of expected disciplinary violation and for the purpose of consideration of appeal of the solution of judicial inspection on statement variation. Structures on admissibility consist of three members of board. Two judges and one representative of civil society without fail are part on admissibility.
4. Disciplinary violation are the actions listed in Art. 4 of the Law No. 178.
5. According to Art. 18 of the Law No. 178, disciplinary production includes the following stages: a) filing of applications about circumstances of expected disciplinary violations; b) verification of statements by judicial inspectorate; c) consideration of admissibility of statements for initiation of disciplinary production by structure on admissibility; d) consideration of disciplinary cases by disciplinary board, and e) decision making on disciplinary cases. The provision regulates only the stages concerning activities of board, namely, partially stage b) about consideration of appeals concerning decisions on variation of statements by judicial inspectorate and stages c), d) and e). Stages a) and b) are regulated by the Law No. 178 and provisions approved by the Supreme council of magistracy concerning activities of judicial inspection.
6. According to the Law No. 178, the members of board participating in structure on admissibility can participate also in consideration of disciplinary case at the plenary session of board.
7. According to the Law No. 178 the following rules about the quorum necessary for the organization of competent meetings and decision making of boards and structures on admissibility are applied:
a) structure meetings on admissibility are competent if all three members of structure participate in them (h. (5) Art. 15 of the Law No. 178);
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