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Judges will enjoy functional immunity only


https://www.ipn.md/en/judges-will-enjoy-functional-immunity-only-7967_1088522.html

A bill to amend the legislation on the judicial system that was approved by the Government proposes that the judges should benefit only from functional immunity in case of criminal liability for actions or inaction in the fulfillment of official duties. The same bill excludes the five-year probation period for judges. The judges will be named to post by the President of the Republic of Moldova, at the suggestion of the Superior Council of Magistracy (SCM), until they reach the age limit of 65 years, IPN reports.

The bill also modifies the composition of the Superior Council of Magistracy. This will consist of 12 members: six judges and six persons with irreproachable professional reputation and personal integrity with experience in law or another relevant area. The ex-officio members – president of the Supreme Court of Justice, minister of justice and prosecutor general – are excluded from the composition of the Council. The term in office of SCM members is extended from four to six years, but without the possibility of holding two terms.

The document also stipulates the conditions the candidates for SCM member from among non-judges should meet. These must have at least seven years’ experience in law or another relevant area and shouldn’t have worked for bodies of the legislative, executive and judicial systems the past two years.

The bill is to be debated and adopted by Parliament.