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Legislation on punishment of judges to be toughened up


https://www.ipn.md/index.php/en/legislation-on-punishment-of-judges-to-be-toughened-up-7967_1041904.html

The Cabinet approved a bill to amend and supplement the law on the disciplinary punishment of judges. This forms part of the so-called “small reform” of the justice sector and is a condition for the EU to disburse the €100 million in macro-financial assistance, IPN reports.

The bill excludes vague interpretations about the deeds that are disciplinary deviations committed by judges. Deviation will be considered the adoption of a court judgement by which the rights and fundamental freedoms of private individuals or legal entities were ignored intentionally or out of serious negligence.

It is specified the procedure for selecting members and substitute members of the Disciplinary Board. These will examine the disciplinary cases against incumbent judges and judges who were dismissed for deeds committed while in office.

Also, the mechanism for examining disciplinary deviations will be reviewed and simplified and will have other time limits. The admissibility of the challenge will be determined first by a judge-inspector and then by the Disciplinary Board, not by admissibility panels, as now. The goal is to also strengthen the role of the judiciary inspectorate.

The bill was drafted in accordance with the international recommendations that refer to the disciplinary punishment of judges, especially of the Venice Commission.

In the same meeting, the Cabinet agreed to institute transparent procedures based on merit for choosing candidates for the post of judge.

As regards the dismissal, it is proposed that the prosecuted judges should be mandatorily suspended until a definitive court judgment is passed. If the case is dropped or the judge is acquitted, this will be reinstated.

Prime Minister Pavel Filip underlined the necessity of having efficient cooperation relations with Parliament so as to have these bills adopted by the end of the spring session.