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Suggestions for improving legislation on liability of judges


https://www.ipn.md/en/suggestions-for-improving-legislation-on-liability-of-judges-7967_1031254.html

The Legal Resources Center monitored how the disciplinary bodies implemented the law on the disciplinary liability of judges during the last two years and formulated a number of recommendations within a study that was launched on November 28, IPN reports.

The study authors said that confidence in justice in the Republic of Moldova is at a very low level. Though the authorities adopted a series of measures to reform the justice sector during the last few years, the people’s confidence in justice continues to decrease. This should worry the national authorities and judiciary system and should make the officials take effective measures to improve the work of the legal system.

As regards the practice of disciplinary bodies, the study authors recommend the Judicial Inspectorate to carry out objective and impartial checks within all the cases involving judges. They also suggest empowering the Inspectorate to institute disciplinary proceedings and increasing its autonomy from the Superior Council of Magistracy.

The Disciplinary Board is recommended to improve the practice of decision justification, especially as regards the individualization of disciplinary punishments and separate justification for each invoked deviation, and to work out guidebooks to unify the relevant practices.

The study authors also recommended the Supreme Court of Justice to give up analyzing only the procedural part of disciplinary lawsuits and to also examine their essence and to publish the justification for all the decisions over such complaints as the Court in 2016 published the justified decisions in only one case of the relevant nine.