In its haste to finish revamping the Superior Council of Magistracy, the current government adopted the amendments to the Law on the Superior Council of Magistracy, sending it for promulgation without waiting for the urgent opinion of the Venice Commission. Although the Commission welcomes the increase of the members of the Superior Council of Magistracy, it also suggests that candidates be proposed by certain external, non-governmental structures, such as law schools or law firms, hence establishing an independent commission in this regard. 

According to Moldova’s Constitution, the Superior Council of Magistracy shall be made up of 12 members (addition to three ex officio members, three members shall be full law professors selected by the Parliament by majority votes of the deputies; and six members are judges elected, by secret ballot by the General Assembly of Judges, representing all levels of courts). 

A previous draft Law aiming to reform the Superior Council of Magistracy proposed an increase in the number of members from 12 to 15. Three additional members would be law professors appointed by the Government (two members) and by the President of the Republic (one member) following a public competition. 

After the previous government amended the Law on the Superior Council of Magistracy, changing its structure from 12 to 15 members. The current government amended the Law one more time so that the structure will include seven-judge members (and seven substitutes) elected among judges by the General Assembly of Judges, five lay members appointed by Parliament among tenured law professors in addition to three ex officio members. 

Before adopting the law the government in Chișinău requested an urgent opinion from the Venice Commission, but when the President of the Commission arrived in Chișinău he learned that the draft Law was about to be adopted without waiting for the Commission’s opinion.  

It was argued that an urgent opinion would be useful prior to the promulgation by Moldova’s President. In the meantime, the President has applied to the Constitutional Court without awaiting the urgent opinion which was in preparation. 

The Commission released the opinion on January 22, welcoming the proposal regarding the increase of the members of the Superior Council of Magistracy from 12 to 15, as well as the fact that its composition will also be represented by the lower courts.

The Commission also noted that Parliament is welcomed to appoint the five members of the Superior Council of Magistracy from the law professors, with the vote of the majority of elected members, and a stronger majority should include the opposition, which should be also considered in the context of preparing constitutional changes.

At the same time, the Commission suggested that, for example, candidates be proposed by certain external, non-governmental structures, such as law schools or law firms; to establish an independent commission in this regard.

In the same opinion, the Commission stated that it is regrettable that the Moldovan Parliament did not wait for the present urgent opinion before the adoption of the draft Law. 

However, the Commission and the Directorate hope that the future cooperation with Moldova will be more constructive and substantive, being ready to provide additional assistance, stating that all institutions should cooperate to find a long-term solution to independence and the integrity of the judiciary.

• Moldova’s Battle for Justice Reform at the Superior Council of Magistrates