Moldovan government approves draft on amendment of Fundamental Law

Chisinau, 22 January /MOLDPRES/ - The government today approved a draft law, which sees amendments to Moldova’s Constitution and asks the Constitutional Court (CCM) to issue its opinion on it. Afterwards, the draft will be submitted to parliament for consideration.

A first intervention refers to the exclusion of the five-year term of appointing the judges, provided for in the Article 116 of the Constitution. Thus, judges will be appointed by the Moldovan president till reaching the age ceiling, at a proposal by Superior Council of Magistracy (CSM). Also, the draft proposes to complete the Constitution with a provision on the Moldovan president’s right to reject one time the candidacy put up by CSM.   

Another amendment deals with the way the judges of the Supreme Court of Justice (CSJ) are appointed and selected. It suggests that these judges be appointed to office similarly to the judges of the courts of appeal and law courts, i.e. by the president of Moldova, at a proposal by the Superior Council of Magistracy. This amendment will reduce the influence of the political factors on the procedure of the judges’ appointment, the draft’s authors said.     

Also, the new amendments refer to the exclusion of the requirement for the president, deputy president and judges of the Supreme Court of Justice to have “a length of service in the position of judge of at least 10 years.” The draft approved by the government also proposes that the duration of the CSM members’ mandate be extended from four to six years. In the context, the ban which currently exists only for the members from the titular law professors to hold two mandates in a row was extended for all CSM members, who will not be able to hold two mandates.

The draft also comes up with a completion to the Article 116 of Moldova’s Constitution, which will regulate the office immunity of the judges. Thus, the judges can benefit only from office immunity and namely immunity in case of criminal prosecution only for the actions or inactions carried out while exercising the position duties.   .

According to the draft’s authors, the amendments proposed will “strengthen the independence, responsibility, impartiality, efficiency and transparency of the judicial system.”