Judicial Authority

Execution of justice

Justice is administered in the name of the law only by the courts.

Courts

  1. Justice is administered by the Supreme Court of Justice, the courts of appeal and the courts.
  2. For certain types of cases, specialized judges can function in accordance with legal provisions.
  3. The establishment of extraordinary courts is strictly prohibited.
  4. The organization of the courts, their competence and the court procedure are established by organic law.

The status of judges

  1. Court judges are independent and impartial, protected by law.
  2. The President of the Republic of Moldova appoints them on the recommendation of the Superior Council of Magistracy, with the right of rejection only once.
  3. Judges are initially appointed for 5 years, extendable until reaching retirement age.
  4. Decisions related to the appointment and career of judges are made on objective criteria, on merit and in a transparent procedure according to the law.
  5. Judges enjoy functional immunity within the law and may be sanctioned under existing laws.
  6. The position of judge is incompatible with any other paid position, with the exception of teaching and scientific activity.

The Superior Council of the Magistracy ensures the independence of the judicial authority and deals with the appointment, transfer, secondment, promotion, and application of disciplinary measures in the case of judges. The SCM exercises its powers directly or through its specialized bodies.

The Superior Council of Prosecutors guarantees the independence and impartiality of prosecutors and manages the appointment, transfer, promotion, and application of disciplinary sanctions within prosecutors.

The General Prosecutor is appointed by the President of the Republic of Moldova, on the recommendation of the Superior Council of Prosecutors, for a 7-year term, which cannot be renewed. The dismissal of the Prosecutor General is done by the President of the Republic of Moldova, in accordance with the law, for objective reasons and following a transparent procedure.

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