Moldovan judges might be able to be appointed to office till reaching age limit

Chisinau, 5 December /MOLDPRES/ - The Constitutional Court (CCM) today approved a draft law on the amendment and completion of the Constitution as to the appointment of judges. According to the note, the draft can be submitted to parliament for consideration.   

The draft law was submitted by the government. During the examination, CCM found out that, by the exclusion of the initial five-year term of appointing judges, the judicial system has the goal to establish judges’ mandate till reaching the age limit, which will ensure magistrates’ independence.   

The document also suggests that the judges of the Supreme Court of Justice (CSJ) be appointed to office just as the magistrates from the courts of appeal and of law courts, by the president of Moldova, at a proposal by the Superior Council of Magistracy. According to the author, this aspect will reduce the influence of the political factors on the procedure of judges’ appointment and will standardize the procedure of appointment in all law courts of Moldova.   

At the same time, the Court ascertained that the judges can enjoy only office immunity, under the law. CCM stressed that the judges’ office immunity is not an end in itself, but serves the independence of the judge, the latter being able to consider cases without being afraid of civil or criminal responsibility for the good-will examination of causes, in accordance with the law.   

As for the proposals dealing with the compulsory consultation of the Superior Council of Magistracy in the process of working out, consideration, approval and amendment of the state budget in the part on earmarking of financial means to law courts, CCM said that the courts’ financing was in close connection with the independence of judges, by the fact that it determines the conditions in which the courts fulfill their duties; in this way, the judicial power should have possibility to express its points of view on the budget submitted to parliament. 

The document can be adopted six months following the date of the initiative on Constitution’s amendment is presented at the earliest. The Court’s note is final, cannot be subjected to any appeal, enters into force on the date of adoption and is published in the Official Journal (Monitorul Oficial) of Moldova.  

(Reporter A. Ciobanu, editor M. Jantovan)