The Constitutional Court (CC) of Moldova on December 5 endorsed the Government’s bill to amend and supplement Article 116 of the Constitution concerning the appointment of judges, IPN reports.

Under the bill, judges will hold office until they reach the age limit of 65 and will be appointed 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 once. Currently, the judges are named for a five-year term. If these do not commit violations, the term in office is extended.

It is also proposed that the judges should have functional, not general immunity. The Superior Council of Magistracy is the guarantor of the independence of the judicial power. The Council will be able to suggest proposals in the process of drafting the state budget law, concerning the allocation of funds for the good functioning of courts of law.

CC president Tudor Pantiru said the Court ascertained that the exclusion of the initial term of five years is aimed at ensuring the stability of office until the judges reaches the age limit. “The Court notes that under the international standards, the steadiness of office is a key element of the independence of judges,” he stated.

As to the immunity of judges, the Court held that in a democratic society the judge cannot enjoy absolute immunity. Under the proposed norm, the judges will have only functional immunity, in accordance with the law. The functional immunity of judges is not a goal in itself, but serves the independence of the judge, who can examine cases without fearing civil or criminal liability.

The Court also ruled that the bill to amend and supplement the Constitution of the Republic of Moldova can be submitted to Parliament for examination. The bill can be adopted after at least six months of the presentation of the amendment proposal. The given appraisal is definitive and cannot be challenged.