Number of members of Superior Council of Magistracy to increase in Moldova

Chisinau, 20 December /MOLDPRES/ - The Superior Council of Magistracy (CSM) will be completed with two de jure titular members from professors, due to be elected by the juridical commission, as well as one member from judges, who is to be elected by the general assembly of judges. The MPs today adopted a draft law on the amendment of the law on the Superior Council of Magistracy in the final reading. The draft got in the focus of President of the Venice Commission Gianni Buquicchio. 

Under the parliament’s decision, the number of CSM members will be extended from 12 to 15. Five members will be selected from titular law professors and will be appointed by parliament by majority vote, based on proposals of the juridical commission for rules and immunities, following a public contest.  

Also, the draft sees a new way of the CSM members’ selection by the General Assembly of Judges from judges. Thus, four members are to be selected from judges who work at the first instance court, two members – from judges working at the court of appeal and one member – from judges of the Supreme Court of Justice (CSJ).   

At the same time, if the exercising of the interim office of CSM president occurs, the position will be held by the senior of the member judges.  

Another amendment regulates the conditions the candidate must meet to be able to be elected as CSM member among judges.

The magistrates should have a length of service in the office of judge of at least 3 effectively worked years; at the last assessment, they should have got the mark “very good” and should not have been disciplinarily sanctioned in the last three years. The candidates are also to submit, besides the CV, a motivation letter, the project on the principal goals he/she will pursue, if elected as CSM member.  

At a news conference held in Chisinau today, President of the Venice Commission Gianni Buquicchio showed perplexed about the fact that this draft had been included on the parliament’s agenda, after the Justice Ministry recently asked the Commission for an opinion on the amendment of the law on CSM. He noted that the Venice Commission would issue such an opinion in an emergency procedure before late next January. At the same time, the official specified that the Justice Ministry’s leadership had assured him that the opinion would serve as basis for the improvement of the law adopted by the MPs today.