Magistrates who fail potential vetting processes should not be kept in the system through demotion to inferior courts, but rather face disciplinary action or dismissal, as appropriate. This is one of the recommendations contained in an interim opinion by the Venice Commission on amendments seeking to reform the judiciary in Moldova.
Among other highlights of the opinon, as enumerated by Justice Minister Olesea Stamate: the need to ensure effective judicial appeal, to ensure the independence and integrity of the members sitting on the extraordinary evaluation commission, and to provide clear evaluation criteria.
On the initiative to revoke members of the High Council of the Judiciary, the Commission strongly believes that their mandates should be respected and a that they should not be dismissed by a no-confidence motion.
“These recommendations will help us improve the bill, on which we will continue work in the coming weeks. It has been agreed that we will present a final version of the bill, and the Commission for its part will deliver a final opinion,” said Minister Stamate. The improved bill should be ready by the next Venice Commission’s session in December.