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Judicial System of the Republic of Moldova

According to the Constitution of Moldova, the judiciary is one of the three branches of state power, along with the legislative and executive branches.

Chapter IX of the Constitution regulates the structure of the judiciary and its powers. Thus, Article 114 of the Supreme Law states that "reasoning in the name of the law is carried out only by the courts."

The system is based on the principles of judicial independence, transparency, and adversarial proceedings, and justice is administered in the name of the law, with constitutional review exercised by the Constitutional Court.

I) The Judicial System

The judicial system is regulated by Law No. 514/1995 on the organization of the Judiciary ensures free access to justice and the right to effective satisfaction of court demands.

Key Points of the Law:

  • Independence and Objectivity: Prohibits interference in the judiciary and provides for liability for influencing judges.
  • Principles of the Judiciary: Approves the creation of courts based on the principle of judicial appointment and considers all categories of cases.
  • Protection of Rights: Ensures the right of citizens and organizations to restore violated rights through the courts.
  • Publicity: Requires the recording of court hearings and provides the right to request information about cases in the manner prescribed by law.
  • Liability for Actions: Establishes liability for rallies and demonstrations near courts with the aim of influencing judges.

Extract from Law No. 514/1995

Article 1. Judicial Authority

  • (1) The judicial authority is independent, separate from the legislative and executive branches, and has its own powers, which are exercised through the courts in accordance with the principles and provisions stipulated by the Constitution and other normative acts.
  • (2) Justice is administered in the name of the law.

Article 6. Free Access to Justice

  • (1) Every person has the right to effective redress by competent courts in the event of violation of his rights, freedoms, and legitimate interests.
  • (2) Citizen associations, enterprises, institutions, and organizations have the right, in the manner prescribed by law, to apply to a court for the protection of their rights and legitimate interests that have been violated.

Article 15. Courts

(1) Justice is administered through the following courts (judicial authorities):

  1. The Supreme Court of Justice (SCJ): is the highest court in the Republic of Moldova.
    Its role is to ensure uniform interpretation and application of legislation within the judicial system, as well as to summarize judicial practice.
  2. Chambers of Appeal: Chişinău, Bălți, Cahul, Comrat, Bender:
    Hear appeals against decisions of lower courts (courts of first instance);
  3. Courts of First Instance (15 courts):
    Hear civil, criminal, economic cases, etc., at first instance.

(2) Specialized courts may operate for certain categories of cases. Specialized panels or panels of judges may operate within the courts.

II) Status of Judges

Law 544/1995 on the Status of Judges regulates the status, rights, duties, guarantees of independence, material and social security of judges in Moldova, establishing the rules for their appointment, oath, transfer, as well as measures to protect their rights and family, ensuring the functioning of the judiciary in accordance with the Constitution and laws of the country,

Main Provisions of the Law:

  • Independence and Duties: Judges are obliged to strictly enforce the law, protect the rights of citizens and the interests of society, without undermining the prestige of justice and remaining objective.
  • Appointment and Career: Defines the procedure for the selection, appointment, transfer (with consent) and termination of powers of judges, including the participation of the Superior Council of Magistracy (SCM).
    The positions of judge, vice-chairman, and president of a court are filled through a competitive process. The competition for the positions of judge, vice-chairman, and president of a court is organized by the Superior Council of Magistracy (SCM). The selection process for candidates for judicial positions is based on objective criteria based on merit. Candidates for judicial office are selected by the panel of the Supreme Court of Justice.
  • Oath: A judge takes an oath to uphold the Constitution and the laws, to be honest and impartial, without which their actions are invalid.
  • Guarantees: Ensures the independence of the judge through the judicial process, immunity, and material and social security, including state protection for the judge and his or her family members.
  • Status: A judge's status is retained, and periods of service in certain bodies are counted toward their length of service, with judges receiving a uniform free of charge.

III) The Prosecutor's Office

Law No. 3/2016 on the Prosecutor's Office of the Republic of Moldova defines the Prosecutor's Office as an autonomous public institution within the judicial system, which, in criminal and other proceedings provided for by law, promotes the observance of law and order, the administration of justice, and the protection of the rights and legitimate interests of individuals and society.

Prosecutor's Office System

(1) The Prosecutor's Office is a unified system consisting of:

  • a) The Prosecutor General's Office;
    The Prosecutor General's Office is headed by the Prosecutor General and his deputies, according to established competencies.
  • b) Specialized Prosecutor's Offices;
    (1) Specialized Prosecutor's Offices operate in specific areas and exercise their powers throughout the Republic of Moldova. The Anti-Corruption Prosecutor's Office and the Prosecutor's Office for Combating Organized Crime and Special Cases operate within the Prosecutor's Office system. If necessary, other specialized prosecutor's offices may be created by law.
    (2) The powers, competencies, organization, and functioning of specialized prosecutor's offices are regulated by special laws, criminal procedure legislation, and their own regulations.
  • c) Territorial prosecutor's offices
    Territorial prosecutor's offices generally operate within judicial districts in accordance with the territorial jurisdiction established in the Regulations on the Prosecutor's Office. (District and city prosecutor's offices).

Principles of Organization and Operation of the Prosecutor's Office and the Prosecutor

  • (1) The Prosecutor's Office carries out its activities in accordance with the law.
  • (2) The organization and activities of the Prosecutor's Office are transparent and guarantee public and media access to information about this institution, with exceptions provided by law, and with the observance of the personal data protection regime.
  • (3) The Prosecutor's Office is independent of the legislative, executive, and judicial branches of government, any political party or socio-political organization, as well as any other institutions, organizations, or individuals. Interference in the activities of the Prosecutor's Office is prohibited. The Prosecutor's Office cooperates with other government bodies in the implementation of the functions provided for by this law.
  • (4) The Prosecutor carries out his or her activities based on the principles of legality, impartiality, reasonableness, incorruptibility, and procedural independence, which allow him or her to independently and alone make decisions on cases before him or her.
  • (5) The procedural independence of the prosecutor shall be ensured by guarantees that preclude any political, financial, administrative, or other influence on the prosecutor in connection with the exercise of his or her powers.
  • (6) In accordance with the provisions of Article 13 of this Law and the Criminal Procedure Code, the prosecutor's activities may be subject to review by a superior prosecutor and the court.
  • (7) The prosecutor is obliged, in all his or her activities, to ensure the rule of law, respect the rights and freedoms of individuals, observe their equality before the law, ensure non-discriminatory legal treatment of all participants in the judicial process, regardless of their status, comply with the Code of Ethics for Prosecutors, and participate in continuous professional training.

Legal Basis for the Activities of the Prosecutor's Office

The activities of the Prosecutor's Office are regulated by the Constitution, this law No. 3/2016, other legislative acts, and international agreements to which the Republic of Moldova is a party.

IV) Liberal Legal Professions

One of the key activities of the Ministry of Justice of the Republic of Moldova is the regulation, organization, coordination, and supervision of legal professions and services.

Law on State Fees of the Republic of Moldova

The Law on State Fees of the Republic of Moldova regulates the collection of fees for legally significant actions and the issuance of documents by state bodies, including court cases, civil registration, issuance of passports and visas, filing applications for citizenship, residence permits, notarial acts, judicial executors (bailiff's) actions etc.

Legal basis of the Republic of Moldova