Moldovan parliament changes procedure of appointment, election of members of Surpeme Council of Magistracy, Supreme Council of Prosecutorrs

Chisinau, 24 August /MOLDPRES/ - The draft law on the amendment of more normative acts, which is to allow changing the procedure of appointment and election of the members of the Supreme Council of Magistracy (CSM) and Supreme Council of Prosecutors (CSP) was approved by the parliament with 57 votes for today. The document details the way the judges CSM members are elected.    

Under the draft, the General Assembly of judges will elect six judges CSM members, four out of judges and one from the courts of appeal and Supreme Court of Justice (CSJ) each. CSM will inform about the elections two months before. The candidates for these positions will register for the elections four weeks till the General Assembly of Judges at the latest.   

The law reintroduces the requirements for the candidates judges – the effective work as judge during three years and disciplinary non-sanctioning in the last three years.  

Also, an MP of the faction of the Action and Solidarity Party (PAS), Sergiu Litvinenco, submitted an amendment, which sees that three CSM members among titular law professors will be appointed by parliament with the votes of the simple majority, at a proposal by the juridical commissions for rules and immunities. The number of titular professors was increased from two to three, in order to provide 12 CSM members.   

The document also sees introduction of a fair mechanism for identifying deputy judges. The latter will no longer have to put up their candidacies on a parallel list. They will be regarded as the next candidates in contest, who have not acceded to CSM. They will supply the difference of mandate in the decreasing order of the votes got. Also, the number of deputy judges will not be limited, as it is at present.    

The draft contains similar provisions as regards the elections in the Superior Council of Prosecutors. Thus, CSP will inform about the date of convening the meeting two months before the meeting’s date at the latest and the participation in the general Assembly can take place online too. A candidate with a length of service of at least 3 years in the office of prosecutor and who was not sanctioned disciplinarily in the last three years can be elected.   

The draft also establishes the way the General Assembly of Judges is organized. Thus, the participation in the Assembly can take place through teleconference too. Also, the draft introduces possibility to use the electronic vote, in extraordinary cases, such as pandemic; yet, this is to be regulated at the General Assembly of judges.

photo: Parliament