Moldovan top court published text of Constitution with amendments in force of 1 April

Chisinau, 14 April /MOLDPRES/- Constitutional Court announced that several amendments to the Moldovan Constitution had entered into force on 1 April and published the full text of the Supreme Law with the amendments and additions in force.

The amendments, which came into force on April 1 concern the status of judges; the financial resources of the courts, the allowance and other rights; the role of the Superior Council of Magistracy (CSM); the CSM composition and the CSM duties.

The new variant included:

p.(2) of Article 116 (new variant), which provides: “Judges of the courts are appointed in office, in accordance with the law, until the age limit is reached, by the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy. The President of the Republic of Moldova may reject the candidacy proposed by the Superior Council of Magistracy only once ”.

p.(3) and (4) of Article 116 have been repealed.

p.(5) of Article 116 (new variant), which provides: “Decisions on the appointment of judges and their careers must be taken on the basis of objective, merit-based criteria and a transparent procedure, in accordance with the law. The promotion or transfer of judges is done only with their consent ".

p.(51) of Article 116, which states: "Judges have only functional immunity under the law".

p.(11) of Article 121, which provides: “In the process of elaborating, approving and amending the budget of the courts, the consultative opinion of the Superior Council of Magistracy is requested. The Superior Council of Magistracy has the right to present to the Parliament proposals for the draft budget of the courts ”.

Article 121 (1), which regulates the role of the CSM: "The Superior Council of Magistracy is the guarantor of the independence of the judiciary".

Article 122, which provides:

(1) The Superior Council of Magistracy consists of 12 members: six judges elected by the General Assembly of Judges, representing all levels of the courts, and six persons who enjoy a high professional reputation and personal integrity, with experience in the field of law or in another relevant field, which is not active in the legislative, executive or judicial bodies and is not politically affiliated.

(2) The procedure and conditions for the election, appointment and termination of the term of office of the members of the Superior Council of Magistracy shall be established by law. The members of the Superior Council of Magistracy may be revoked, in accordance with the law.

(3) Candidates for the position of member of the Superior Council of Magistracy who are not part of the judges are selected by competition, based on a transparent procedure, based on merit, and are appointed by the Parliament with the vote of three fifths of the elected deputies.

4. If the appointment of candidates who are not members of the Judges to the position of member of the Superior Council of Magistracy under the conditions of paragraph 3 has failed, the procedure and conditions for their appointment shall be established by law.

(5) The members of the Superior Council of Magistracy are elected or appointed for a term of 6 years, without the possibility of holding two terms ”.

Article 123 (1) (amended), which provides: “The Superior Council of Magistracy ensures the appointment, transfer, promotion and application of disciplinary measures against judges. The Superior Council of Magistracy exercises its attributions directly or through its specialized bodies ”.