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31 March 2020

Activity Details (ID# 31283)  

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Title Expert assessment of the draft Law on the selection, career and evaluation of judges’ performances of the Republic of Moldova 
Description At the request of the Moldovan Ministry of Justice and in the framework of implementation of the Justice Sector Reform Strategy, Mr Gerhard REISSNER, President of the District Court of Floridsdorf (Austria) will carry out a comprehensive evaluation of the draft Law on the selection, career and evaluation of judges’ performances, drawn up by the working group on reform of the judiciary. 
Status Completed 
Date 10/12/2011 - 31/12/2011 
Location Chisinau, Republic of Moldova
Countries CoE Members: Republic of Moldova
  Joint Programme Activity - MLD-DemSupport
Joint Programme EC/CoE
JP MLD-DemSupport - Democracy Support Programme    (Logframe)  (Activities)
Project Purpose 1 - 2010/DGHL/JP/2444   Legislative assessment
Expected Result 1.1 - Preparing assessment reports for priority sectors and legislative expertises by CoE of significant legislative initiatives.
Council of Europe Programme of Activities
I – Rule of Law
Line of Action ⇒ II.1 – Ensuring Justice
Programme ☆ II.1.1  Independence and efficiency of Justice

Working Method

Directorate (Service) Human Rights and Legal Affairs (Cooperation - Judiciary and Law Reform Division)
CoE Contact ,   email
Partners Ministry of Justice - National Institution
Superior Council of Magistracy - National Institution
Web Pages
Documents & links
1 http://coe.md  
Last Modified 27/01/2012 

Activity Synopsis (ID# 31283) (Hide Synopsis)

Objective(s) To carry out an assessment of the draft Law of the Republic of Moldova on the selection, career and evaluation of judges’ performances. 
Output/Results The CoE expert was requested to comment on the draft of a law “on the Selection, Career and Evaluation of Judges' Performances” and was provided with an English translation of the draft law. The evaluation report has been submitted on 09.01.2012 due to the delay in the translation. 
Conclusions/Follow Up The draft law on the Selection, Career and Evaluation of Judges´ Performances will play a central role for the most important aspects of the judiciary. The law itself and its application are based in a field, in which the credibility of an independent, impartial effective and liable judiciary could be proofed.

The effects of this law cannot once and for all be assessed without including the by-laws which will be adopted by the Superior Council of the Magistracy. In the law criteria of selection and of evaluation, the way how they are examined and what weight is given to them are defined in very general terms and need further development in the bay-laws. Perhaps it would have been more favourable to be more concrete already in the law itself.

By the new law two bodies will be created, one to substitute the existing Qualification Board. Both will bring in new persons from outside the judiciary, which will influence the decisions of the Superior Council of Magistracy.

The main elements of the procedure, which also need detailed exemplification by the by-laws, seem to guarantee a fair and transparent selection and evaluation process.

The deviations from European standards insofar as less then the half of members of the Superior Council are not judges elected by their peers is not touched by the present draft. It is also neglected regarding the composition of the new created bodies.

Following international and European standards the selection of judges for permanent tenure after the 5 years probation period should be dealt with in a special kind of procedure (respectively special criteria).

There is a need for a better clarification of the coordination between the different bodies to avoid duplication or mutual infringement of activities.

To fulfil the expectations which are created by the new law it is absolutely necessary to draft the bye-laws very carefully and after a broad debate including the judges’ community.
Consultants/Experts Mr Gerhard Reissner (Austria), Vice-president of the CCJE 
CoE Secretariat Leonid Antohi 
Total No. Participants
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