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Superior Council of Magistracy of the Republic of Moldova

The Superior Council of Magistracy (SCM) is an independent body, formed for the organization and functioning of the judicial system, and is the guarantor of the independence of the judicial authority.

The Supreme Council of Magistracy exercises judicial self-government.

Legal basis for its activities

The procedure for organizing and operating the Supreme Council of Magistracy is regulated by the Constitution, the Law on the Judiciary, the Law on the Status of Judges, law No. 947/1996 on the Superior Council of the Magistracy and other regulations.

Composition

(1) The Supreme Council of Magistracy shall consist of 12 members.

(2) The Supreme Council of Magistracy shall include judges and persons of high professional reputation and personal integrity, with experience in the field of law or in another relevant field in accordance with paragraph c) of part (1) of Article 31, who do not work in legislative, executive or judicial bodies and do not belong to a political party. At least four of them must have experience in the field of law.

(3) Six members of the Supreme Council of Magistracy who are not judges shall be selected in an open and transparent manner by the Commission on Legal Affairs, Appointments and Immunities on the basis of an open competition and appointed by a resolution of Parliament by a three-fifths majority of the votes of the elected deputies. The procedure for organizing the competition shall be established by Parliament. The competition shall be organized before the expiration of the term of office of the previously appointed members and shall consist of reviewing packages of documents and hearing the candidates at an open meeting. The Commission on Legal Affairs, Appointments and Immunities shall draw up reasoned opinions on each selected candidate and propose their appointment to Parliament.

(31) Candidates for the position of member of the Supreme Council of Magistracy specified in part (3) shall be subject to an integrity assessment by the Independent Commission for the Assessment of Integrity of Candidates for the Position of Member of Self-Governing Bodies of Judges and Prosecutors, established on the basis of law. The decision of the commission shall be attached to the candidate’s package of documents. A candidate who fails the assessment cannot be included on the ballot.

Competence of the Superior Council of Magistracy

(1) In fulfilling its duties, the Superior Council of Magistracy shall exercise the following powers regarding the promotion of judges:

a) submit proposals to the President of the Republic of Moldova on the appointment to the position of judge or on his promotion to a higher court;

a1) transfer judges to a court of the same level or to a lower court, dismiss them from their position, appoint them to the position of chairmen or deputy chairmen of a court and dismiss them from their position;

b) administer the oath of judges;

c) approves regulations on the selection of candidates for the position of judge and on the assessment of the performance of judges, chairmen and deputy chairmen of courts, as well as a plan for assessing their performance;

d) approves regulations on holding a competition to fill vacant positions of judge, chairperson or deputy chairperson of a court and ensures the organization and holding of the competition;

e) makes decisions on the temporary occupation of the position of chairperson or deputy chairperson of a court, appellate chamber or Supreme Court in the event of a vacancy in the position or temporary suspension from the position until the vacant position is filled in accordance with the procedure established by law or the temporary suspension is cancelled;

f) applies incentive measures to judges.

g) appoints members of the Collegium for the Selection and Evaluation of Judges in accordance with its competence.

(2) In fulfilling its duties, the Superior Council of the Magistracy shall exercise the following powers in the field of initial and continuous training of judges and staff of the secretariat of courts:

a) appoint judges to the Council of the National Institute of Justice;

b) approve the strategy for the initial and continuous training of judges, and express its opinion on the plan for its implementation;

c) examine and express its opinion on the Regulation on the conduct of the admissions competition to the National Institute of Justice, on the curricula and plans for the initial and continuous training courses of the Institute, on the Regulation on the conduct of the competition for filling teaching positions, as well as on the composition of the commissions for admission to the entrance and final examinations at the National Institute of Justice;

d) annually, by 31 March, submit to the National Institute of Justice proposals on the number of places to be offered for the competition for admission to the initial training of candidates for the position of judge in the following year;

e) examines complaints against decisions of the board for the selection and career of judges and the board for the evaluation of the performance of judges.

(3) In fulfilling its duties, the Superior Council of the Magistracy exercises the following powers in the field of discipline and judicial ethics:

a) decides on petitions related to issues related to judicial ethics;

b) examines complaints against decisions made by the disciplinary board;

c) on the basis of the decision of the disciplinary board, decides to dismiss a judge;

c1) on the basis of the decision of the disciplinary board, decides to dismiss the chairman or deputy chairman of the court.

(4) In fulfilling its duties, the Superior Council of Magistracy exercises the following powers in the field of administration of courts:

a) hears information from the Ministry of Justice on the activities on organizational, material and financial support of courts;

b) approves the Regulation on the procedure for random distribution of cases for consideration in courts, ensuring the transparency, objectivity and impartiality of this process;

c) considers, approves and submits, in the manner established by the current legislation, draft budgets of courts;

d) annually, no later than 1 April, submits to the Parliament and the President of the Republic of Moldova a report on the organization and functioning of the courts for the previous year;

d1) cooperates with civil society and the media to inform the public about the activities of the Superior Council of Magistracy and the courts;

e) approves the structure of the apparatus of the Superior Council of Magistracy, appoints, promotes, transfers and dismisses employees of the apparatus, applies incentive measures and disciplinary sanctions to them;

f) grants annual leaves to the chairmen and deputy chairmen of the courts.

(5) In fulfilling its duties, the Superior Council of Magistracy may also exercise other powers in accordance with the law.

(51) As a body of judicial self-government and guarantor of the independence of the judiciary, the Superior Council of the Magistracy may apply to the Constitutional Court for a decision on the constitutionality of regulations concerning the judicial system.

(6) In order to properly perform its functions, the Superior Council of the Magistracy approves regulations in pursuance of the provisions of legislation in the area of the organization and functioning of the judicial system.

(7) The Superior Council of the Magistracy prepares and stores the personal files of judges of judicial instances.

The main Legal basis of the Republic of Moldova

  • Constitution of the Republic of Moldova
  • Law No. 514/1995 about judicial system
  • Law No. 544/1995 on the status of the judge
  • Law No. 947/1996 on the Superior Council of the Magistracy
  • Law No. 64/2023 on the Supreme Court of Justice
  • other laws and regulations

Official websites of Moldova

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