The General Assembly of Judges has elected Judge Aliona Miron as a member of the Superior Council of Magistratcy (SCM). She will represent the Supreme Court of Justice (SCJ) and will serve a six-year term. The SCM also made public its activity report for 2023. 

UPDATE 15:40: The General Assembly of Judges has been declared closed.

UPDATE 15:30: Several judges receive honorary diplomas from the SCM. Subsequently, Judge Marina Rusu asked to include in the minutes of the General Assembly the fact that it had proceeded illegally with the non-inclusion on the agenda of the Declaration criticizing the vetting and pre-vetting procedures, which ZdG had previously reported on. The proposal had not been supported by the majority of judges present at the Assembly, but some judges argued that the count would not have taken into account the actual number of judges in the room, which would have been fewer than those registered on the list.

UPDATE 15:00 Aliona Miron has been voted in as a member of the SCJ on behalf of the Supreme Court of Justice. Only one person applied for the post.

Aliona Miron is the only one who managed to pass the pre-vetting procedure in the second attempt, after the Pre-Vetting Commission initially found “serious doubts about the candidate’s compliance with the criteria of ethical and financial integrity”.

The Supreme Court of Justice ordered a re-assessment and the Commission subsequently changed its decision, finding that the judge met the conditions of ethical and financial integrity. In the meantime, Aliona Miron has also passed the Vetting Commission’s test, which found that she can remain a judge at the Supreme Court of Justice.

UPDATE 14:25 The acting president of the SCM, Sergiu Caraman, presents the SCM’s activity report for 2023. Last year 38 Council meetings were held, 600 decisions were adopted, twice as many as in previous years. The SCM also abandoned the secret deliberations procedure. “We deliberate in public. We have also abandoned the secret ballot,” Sergiu Caraman stressed.

The data in the report also shows that the workload of the courts increased in 2023. Last year, no new magistrates entered the judiciary.

“The SCM is going to insist on a fair and equitable remuneration of all judges and employees in the judiciary,” Sergiu Caraman said. He also said that the SCM is working on a draft law to compensate judges for their travel and accommodation expenses.

Judge Victoria Sănduța asked Sergiu Caraman why SCM members have so far not examined the situation of 16 judges who were not promoted until they reached the age limit. Caraman said that they are waiting for new members to join the SCM.

The report also shows that 33 disciplinary cases against judges were initiated last year.

UPDATE 13:00 The voting procedure has started.

UPDATE 12:55 Judges have returned to the meeting room and are discussing how the elections for a SCM member will be conducted.

UPDATE 12:04 Aliona Miron, the sole candidate for SCM member, representing the Supreme Court of Justice, gives a speech to the General Assembly of Judges: “I don’t think it’s fair to give up this position just because I am the only candidate”.

“Although I am the only candidate, I need your vote”, Aliona Miron added, stressing that this was the only way she could truly represent the judges.

A recess has been announced until voting begins.

UPDATE 11:58 The agenda has been voted. The first item on the agenda of the General Assembly of Judges is the election of a new SCM member. The President of the Assembly, Alexandru Spoială, urged the judges not to leave the meeting room.

UPDATE 11:55 Judges cannot vote on the order of items on the agenda, as no proposal has gained a majority of votes.

UPDATE 11:36 Judge Victor Sandu proposed to put on the agenda a draft proposal to improve the mechanism of judicial self-administration. The proposal was voted by a majority of judges.

UPDATE 11:05 Judge Victoria Sănduța proposed to place on the agenda the Statement criticizing the vetting and pre-vetting procedures, which ZdG reported earlier. The proposal was not supported by the majority of judges present at the Assembly, but some judges claim that the count would not have taken into account the actual number of judges in the room, which would be fewer than those registered on the list. Magistrates debate how the votes should be calculated. The proposal remains off the agenda.

UPDATE 11:00 Alexandru Spoială, a judge at the Chisinau Court of Appeal, has been elected president of the General Assembly of Judges. Nelea Budăi, vice-president of the Chisinau Court of Appeal, was elected secretary general of the meeting.

UPDATE 10:10 The Assembly is chaired by Sergiu Caraman, interim president of the SCM. The Minister of Justice, Veronica Mihailov-Moraru, is also attending the event. A total of 300 judges are present and the assembly is deliberative, Sergiu Caraman announced.

“The year 2023 was extremely productive in implementing reforms,” Sergiu Caraman said in his speech. He also said that the judiciary is facing a shortage of staff and a high workload.

Veronica Mihailov-Moraru: “I think our responsibility to you is greater than we realise. (…) We all have an important goal – accession to the EU, but without an independent judiciary it is not possible”. The Justice Minister also said that the SCM has a major role to play in achieving these goals and that it must be completed as soon as possible with the necessary number of members.

“The Moldovan justice system is seeking its way to efficiency. Independence must go hand in hand with responsibility,” she added.

A statement analysed by Ziarul de Gardă, criticising the vetting procedure, is expected to be put on the agenda of the General Assembly of Judges. The statement is supported by the two associations of magistrates – the Association of Judges of the Republic of Moldova and the Association of Judges “Voice of Justice”.

“The continuation of the “full evaluation” reform, the so-called “vetting” seems to be unjustified and needs to be rethought in the sense of improving the existing alternative mechanisms. ‘Vetting’ will have a much greater impact and scope than ‘prevetting’, not necessarily in the good sense of the word, but rather will lead to the blocking of the examination of cases, which in the long term may endanger democracy, the rule of law and respect for human rights,” reads the statement to be put to a vote at the General Assembly of Judges, as consulted by the Guardian.

According to the authors of the statement, the full evaluation of judges, even if it will not be repeated in the future, “implies a danger for the independence and efficiency of the judicial and prosecution systems. These risks can be mitigated if certain safeguards are in place”.