LAW OF THE REPUBLIC OF MOLDOVA

of August 17, 2023 No. 252

About external assessment of judges and prosecutors and modification of some regulations

For the purpose of ensuring integrity of judges and prosecutors and increase in trust of society to justice the Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of the law

This law governs the legal relations relating to the procedure of external assessment of ethical integrity and financial integrity (further - assessment) the judges, prosecutors and other subjects specified in this law.

Article 2. Purpose and valuation principles

(1) Assessment represents the exclusive, unique and limited in time action performed for check of integrity of the subjects specified in part (1) Article 3.

(2) External assessment is performed based on provisions of this law, with respect for the following principles:

a) independence of the commissions on assessment;

b) justice of assessment procedure;

c) public nature of the acts issued in the course of assessment;

d) exclusive nature of assessment.

Article 3. Subjects of assessment

(1) According to this law are subject to assessment:

a) the judges performing from January 1, 2017 to day of entry into force of this law position of the chairman and/or vice-chairman of courts, including providing temporary execution of their obligations more than one year;

and 1) judges of Specialized anti-corruption board the Vessels Chisinau and candidates for judgeship as a part of this board, and also the judge the Vessels Chisinau which since January 1, 2017, were and/or are members of specialized structures on hearing of cases about corruption and the structures on hearing of cases connected with corruption acts according to the acts adopted in the procedure established by the law;

b) the judges of Appeal Courts acting on the date of entry into force of this law;

c) the prosecutors performing from January 1, 2017 to day of entry into force of this law of position of the Attorney-General, the deputy attorney general, the chief prosecutors of divisions of the Prosecutor General's Office, including holding these positions or providing temporary execution of their obligations more than one year;

d) the prosecutors performing from January 1, 2017 to day of entry into force of this law of position of the chief prosecutor of prosecutor's office and the deputy chief prosecutor of prosecutor's office, including holding these positions or providing temporary execution of their obligations more than one year;

e) the prosecutors of specialized prosecutor's offices including delegated to their structure for the term of more than one year from January 1, 2017 to day of entry into force of this law;

f) the judges and prosecutors specified in Items a) - e) which powers are suspended;

g) candidates who till August 31, 2026 became winners of tenders on substitution specified in Items b) and e) positions;

h) no more than two candidates for the positions specified in Items a), c) and d) which gathered the greatest number of points by results of the competitions held till August 31, 2026.

(2) are not subject to assessment according to this law:

a) persons which passed integrity assessment according to the Law on some measures for candidate screen to position of the member of self-government institutions of judges and prosecutors No. 26/2022;

b) persons which passed external assessment according to the Law on external assessment of judges and candidates for judgeship of the Highest trial chamber No. 65/2023;

c) the judges and prosecutors belonging to one of the categories specified in part (1) and which in 20-day time after the notification on initiation of assessment file resignation, except for those who withdrew the resignation during this term;

d) the judges and prosecutors who are not belonging to the categories specified in part (1).

(3) In priority procedure candidates for position of the Attorney-General, candidates for position of the high councilor of magistracy and the high councilor of prosecutors, candidates for position of the member of disciplinary boards of judges and prosecutors, the member of boards on selection and assessment of judges and prosecutors, and also prosecutors of Anti-corruption prosecutor's office are estimated.

(4) the Resignation filed according to Item c) parts (2) it can be withdrawn only in 20-day time. Filing of application about resignation after this term, irrespective of the given reason, is equated to not passing of assessment.

(5) In day of receipt of the resignation the Supreme council of magistracy, the Supreme council of prosecutors or on circumstances the Attorney-General informs on it the relevant commission on assessment. The resignation is considered and according to it the decision no later than 10 days after the term provided in part is passed (4), with informing the commission on assessment on the made decision.

Chapter II of the Commission on assessment

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