MOLDOVA Trends and Developments Contributed by: Vladislav Roșca and Ina Jimbei, EFRIM, ROŞCA & Associates
ensuring that only candidates with genuine integ- rity gain access to decision-making positions. This approach aimed to prevent the risk of subsequent reforms being undermined from within by actors who do not meet the necessary standards of integrity and credibility. Vetting: comprehensive evaluation of judges and prosecutors Following the pre-vetting stage, the full vetting pro- cess was launched in 2023, with the stated objective of strengthening public trust through an exceptional, one-time and time-limited external evaluation of the ethical and financial integrity of judges and prosecu- tors. Within this framework, two organic laws were adopted: • Law No 65/2023 (30 March 2023), regulating the external integrity evaluation of judges and candi- dates for the Supreme Court of Justice; and • Law No 252/2023 (17 August 2023), which extends the procedure to other high-ranking magistrates (Court of Appeal judges and senior prosecutors). Both laws reaffirm the exceptional character of this exercise. Evaluation commissions collect data (financial reports, asset declarations, inquiries) and conduct public hear- ings with candidates, after which they prepare rea- soned reports proposing either the passing or failing of the evaluation. The report is then submitted to the corresponding decision-making body (the CSM for judges or the CSP for prosecutors), which adopts motivated decisions either confirming the candidate or, conversely, removing them from office. Although necessary, this process has caused tem- porary delays in the functioning of higher courts, as numerous magistrates submitted resignation requests prior to the start of the procedure. As a result, the examination of appeals and cassation claims slowed significantly, with a direct impact on the duration of dispute resolution. To mitigate these effects, the authorities adopted corrective measures, including the redistribution of cases and the temporary assign- ment of judges.
Both the pre-vetting and vetting processes are implemented within an institutionalised transparency framework. The official platform – www.vetting.md – provides public access to evaluation methodologies, individual reports, hearings and decisions, ensuring genuine civic oversight of reform progress. In essence, these processes create an integrity filter that operates both at the leadership level of the judi- ciary and at the functional level. They form part of a broader strategy to de-oligarchise public institutions and restore citizens’ trust in the justice system. The changing role of the Supreme Court of Justice (SCJ) 2023 marked the adoption of two legislative acts with structural impact on civil procedure and, in particular, on the regime governing appeals in cassation against decisions of the courts of appeal: • Law No 64/2023 on the Supreme Court of Justice; and • Law No 246/2023 amending various normative acts to adjust the framework related to the SCJ reform. According to the explanatory memorandum of Law No 64/2023, the objective of the reform was to transform the SCJ into a court of cassation, focused on examin- ing questions of law and ensuring consistent jurispru- dence. Complementing this, Law No 246/2023 rede- fined the SCJ’s competences so that it now retains only cases involving matters of principle for examina- tion, thereby limiting access to cassation to situations that genuinely warrant the intervention of the SCJ in its role of unifying judicial practice. Prior to these amendments, appeals in cassation against decisions of the courts of appeal largely functioned as a legality review of the challenged judg- ment. This approach is no longer expressly upheld in the Civil Procedure Code. Law No 64/2023 explicitly states that the role of the SCJ is to ensure the uni- form interpretation and application of the law (Article 4), confirming a paradigm shift in the architecture of extraordinary remedies. The new grounds for cassa- tion are significantly narrower, reflecting the transition from a court exercising general legality control to a
749 CHAMBERS.COM
Powered by FlippingBook