Amendment of appointment, election of members of CSM and Superior Council of Prosecutors voted in first reading

Chisinau, 13 Aug. / MOLDPRES / - With the vote of the majority of the deputies present, today was approved, in the first reading, the draft law for amending some normative acts which provides for the modification of the process of regulating the election and appointment of members in the Superior Council of Magistracy (CSM) and the Superior Council of Prosecutors (CSP).

The draft details how to elect the judges of the Superior Council of Magistracy. The General Assembly of Judges will elect six judges who are members of the Council, four from the courts and one from each of the courts of appeal and the Supreme Court of Justice. The CSM will announce the elections at least two months in advance. Candidates for these positions will run in the elections at least four weeks before the General Assembly of Judges.

The law reintroduces the requirements for candidate judges - the actual activity as a judge for three years and disciplinary non-sanction in the last three years.

The draft contains similar provisions regarding elections to the Superior Council of Prosecutors. Thus, the CSP will announce the date of convening the meeting at least two months in advance, and the participation in the General Assembly can also take place online. The candidate who has been a prosecutor for at least 3 years actually worked and has not been disciplined in the last three years can be elected.

The draft also establishes the organization of the General Assembly of Judges. Thus, participation in the meeting can also take place by teleconference. Also, the draft introduces the possibility of using electronic voting in extraordinary cases, such as the pandemic, but this fact is to be regulated by the General Assembly of Judges.

The document also provides for the introduction of a fair mechanism for identifying substitute judges. They will no longer have to run on a parallel list. They will be considered the next candidates in the competition who do not have access to the CSM. They shall make up for the difference in terms of office, in descending order of the votes obtained. Also, the number of alternate judges will not be limited, as it is at present.

It should be mentioned that the other six members of the CSM are the three ex-officio members and three law professors appointed by the Parliament. The number of tenured teachers has been increased from two to three, to ensure that there are 12 members in the CSM, as provided by the draft amendment to the Constitution.

The legislative initiative belongs to a group of deputies from the Parliamentary Faction Action and Solidarity Party.

The draft is to be approved at second reading.

Photo: Parliament