Judges to be appointed until reaching 65 years old

Chisinau, March 16 / MOLDPRES /- The Cabinet of Ministers today approved several amendments to the legislation on the judiciary, such as the procedure for appointing judges, presidents and vice-presidents of courts of all levels, immunity of judges, composition of the Superior Council of Magistracy (CSM) etc., the government's communication and protocol department has reported.

The purpose of this draft law is to synchronize the legal provisions with the constitutional amendments regarding the judicial system, adopted by the Law amending the Constitution of the Republic of Moldova, of September 23, 2021.

"This bill proposes to exclude the five-year term for the initial appointment of judges. They will be appointed by the President of the Republic of Moldova, at the proposal of the SCM, until they reach the age of 65. Another change concerns the immunity of magistrates. It is proposed that the judges benefit only from functional immunity, namely, immunity in case of criminal prosecution only for actions or inactions performed in the exercise of their functions ", explained the Secretary of State of the Ministry of Justice, Veronica Mihailov-Moraru, during the Government meeting .

The draft law also provides for the modification of the composition of the SCM. Thus, it will consist of 12 members: six judges and six people who enjoy a high professional reputation and personal integrity, with experience in the field of law or in another relevant field. According to the document, the members of law - the president of the Supreme Court of Justice (SCJ), the Minister of Justice and the Attorney General, will be excluded from the composition of the SCM. Likewise, the term of office of the SCM member will be extended from four to six years, but without the possibility of holding two terms. The document also stipulates the conditions that the candidate for the position of SCM member, who does not come from among the judges, must meet. Thus, the person who meets the following conditions may be elected as a member: has a high professional reputation, has professional integrity, has at least seven years of experience in the field of law or in another relevant field, has not been active in the last two years until the moment of submitting the application within the bodies of the legislative, executive or judicial power, is not politically affiliated.

The document is to be sent to Parliament for examination and approval.

Photo: Government