Moldovan cabinet approves draft law on assessing integrity of candidates for office of member of Superior Council of Magistracy, Superior Council of Prosecutors

Chisinau, 19 January /MOLDPRES/ - The integrity of the candidates for the office of member of the Superior Council of Magistracy (CSM) and  Superior Council of Prosecutors (CSP) will be assessed by a special commission. The government today approved a draft law on measures related to the selection of candidates for the positions of members in the self-administration bodies of judges and prosecutors, as well as for the amendment of normative acts, the government’s communication and protocol department has reported.    

„The draft law was elaborated in accordance with the opinion by the Venice Commission and provides for the evaluation of the integrity of all candidates to the office of member in CSM, CSP, as well as in their colleges. The procedure’s goal is to filter the candidates who have integrity problems, committed infringements of the ethics principles, have bigger wealth than the official incomes declared. Only having honest and just members in CSM and CSP, we can start cleaning the justice system from corrupts and thus enhance the citizens’ trust in justice,’’ Justice Minister Sergiu Litvinenco stressed at the cabinet meeting.   

Under the draft law, the evaluation commission will be made up of six members; three national members will be appointed at a proposal by the parliamentary factions, according to the principle of proportionality and three members will be put forward by development partners and approved with three fifths of the elected MPs.     

The commission members will assess the integrity based on extended researches of the candidates’ professional work, of the observance in their activity of high standards of ethics and professionalism, as well as of the lack of dubious actions, especially which trigger suspicion about a corruption activity. The evaluation commission will also analyze the wealth of the candidates and their families, origin of the wealth, as well as the fitting of the candidates’ expenses with their incomes and the ones of their family members.    

If decision-makers record big discrepancies between the information declared by the candidate and the real situation, the Commission will submit the information to the competent law-enforcement bodies. The commission’s decision on the failure to pass the integrity’s evaluation will serve as ground for the candidate’s non-admission to elections or contest.     

Also, the draft law sees the obligation of all public bodies and authorities, public registers, as well as all private people, including the banks, to provide for free information necessary for the candidates’ evaluation, including on the wealth of the people close to them. The document stipulates also sanctions for the non-providing of the information.    

The commission’s decisions could be appealed at the Supreme Court of Justice (CSJ). To consider the appeal, a special panel of judges will be set up at CSJ, whose members will be nominated by CSM and confirmed by Moldova’s President under decree.    

The draft law proposed will have limited character during time and will have effects only till the end of 2022.    

All the draft can be consulted here: https://gov.md/sites/default/files/document/attachments/subiect-02_-_nu_630_mj_2021.pdf     

Photo: Government