MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
EFRIM, ROȘCA & Associates MD-2012 72, București St. Chișinău
Republic of Moldova Tel: +373 222 383 01 Email: contacte@era.md Web: www.era.md
1. General 1.1 General Characteristics of the Legal System Moldova follows a civil law tradition grounded in codi- fied statutes. In civil and commercial matters, courts primarily rely on the Civil Procedure Code (CPC) and the Administrative Code, with case law used for guid- ance rather than as a formal source of precedent. However, following the reform of the recourse in 2023, the role of judicial precedent has increased, as judg- ments or decisions that contradict the established practice of the Supreme Court of Justice (SCJ) may be overturned. Civil and commercial cases generally follow an adver- sarial model, whereas administrative proceedings are conducted under an inquisitorial system. The proceedings involve both written submissions and oral argument; the case is examined in a written procedure only in specific cases. 1.2 Court System Justice in Moldova is administered by the following courts: • the Supreme Court of Justice; • three Courts of Appeal (North, Centre and South); and • 14 courts of first instance. The Moldovan courts are courts of general jurisdiction and are not specialised by subject matter. However, within these courts, judges are specialised and focus on specific areas of law, such as administrative dis-
putes, civil cases, insolvency proceedings, criminal cases and anti-corruption cases. All judgments delivered by a court of first instance may be appealed to the Court of Appeal. Judgments of a Court of Appeal rendered in its capacity as a court of first instance, and decisions rendered in its capacity as an appellate court, are subject to recourse (appeal in cassation) to the SCJ. Cases are heard by: • one judge or by a panel of three judges in the courts of first instance; • a panel of three judges in the Courts of Appeal; and • a panel of three, five or nine judges in the SCJ. 1.3 Court Filings and Proceedings In the Republic of Moldova, court hearings are gen- erally public. However, the court may order a closed session in specific situations, provided the restriction pursues a legitimate aim and is necessary and pro- portionate in line with ECtHR practice. A case may be heard in a closed session in order to: • prevent the disclosure of intimate details of some- one’s private life; • protect a person’s honour, dignity or professional reputation; or • safeguard public order, morality or the legitimate interests of the parties. The hearing may be closed for the entire case or only for certain procedural acts. Participants and any other
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