Cabinet endorses modification of constitutional provisions on appointment of judges

The Cabinet approved a draft law to amend the Article No. 116 of the Constitution of the Republic of Moldova. Under the bill, the judges will be named to posts up to the age limit of 65 by the President of the Republic of Moldova, at the suggestion of the Superior Council of Magistracy. The President can reject the proposed candidate only one time, IPN reports.

Currently, the judges are named for a term of five years and the term is extended if they do not commit violations.

It is also proposed that the judges should have functional immunity, not general one. The bill provides that the Superior Council of Magistracy is the guarantor of the independence of the judiciary. The Council will be able to submit proposals in the process of drafting the state budget law, in particular as regards the allocation of resources for ensuring the good functioning of courts of law.

Minister of Justice Vladimir Cebotari said the bill was drafted based on the recommendations of the Council of Europe and the experience of European states. Its goal is to increase the responsibility and efficiency of the self-managing bodies of the judicial system.

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