Magistrates Iurie Bejenaru, Anatolie Turcan, Vitalie Stratan, Angela Bostan and Vladislav Holban, candidates for positions in the Superior Council of Magistracy (CSM), who did not pass the evaluation of the Pre-Vetting Commission, will still be able to work in the judiciary. However, they will no longer be able to take part in the competition for membership of the CSM, Victoria Timuș, press officer of the Pre-Vetting Commission, told Ziarul de Gardă.

“If they did not pass the evaluation, they continue to work as judges, but they can no longer apply for a position in the CSM (…),” Victoria Timuș said.

At the same time, five other magistrates were disqualified by not passing the evaluation: Iurie Cotruță from the Chisinau Court of Appeal, Dumitru Pușca from the Balti Court of Appeal, Mihail Cojocaru from the Balti Court of Appeal, Centre seat, Gheorghe Balan from the Chisinau Court of Appeal, Botanica seat and Iana Talmaci from the Straseni Court of Appeal.

“(…) There are five other judges who withdrew from the competition halfway through, either they did not fill in or did not submit to the Commission the declaration of assets. This reason can serve as a basis for the Commission to find that these candidates did not pass the evaluation (…). The Commission met, deliberated and decided against them not to pass the evaluation. The conditions were clear from the outset for all those who applied and the fact that they withdrew at a certain point in the race qualified as non-promotion (…),” Timuș said.

According to Victoria Timuș, so far, only three candidates for positions in the CSM have passed the evaluation of the Pre-Vetting Commission – Livia Mitrofan and Maria Frunze from the Chisinau Court, Centre seat, and Ioana Chironeț, judge at the Chisinau Court, Ciocana seat.

According to the legislation, the decision of the Evaluation Commission may be contested by the candidate evaluated within 5 days from the date of receipt of the reasoned decision, without prior procedure. Thus, the evaluated candidate may appeal against the unfavourable decision of the Evaluation Commission to the Supreme Court of Justice, where a special panel of three judges and one substitute judge is established. The judges and the alternate judge are appointed by the President of the Supreme Court of Justice and confirmed by decree of the President of the Republic of Moldova.

On Wednesday, 4 January, the Pre-Vetting Commission announced that judges Iurie Bejenaru, Anatolie Turcan, Vitalie Stratan, Angela Bostan and Vladislav Holban, candidates for positions in the CSM, did not pass the evaluation of the Pre-Vetting Commission. According to the Commission, they “did not meet the integrity criteria”.

So far, the Pre-Vetting Commission has issued decisions on 13 of the 28 candidates for CSM posts, out of the 28 judges who applied. As a result, three magistrates have passed the Commission’s integrity assessment and 10 have been disqualified by failing the assessment and can no longer participate in the CSM competition.