The Government approved a new draft law on the external evaluation of judges and prosecutors
This concerns magistrates holding key positions in courts, as well as those working at the Court of Appeal. Chief prosecutors, prosecutors in specialised prosecutors' offices, including candidates for these positions, will also be subject to evaluation. Those who fail the integrity test will be stripped of their office and, for a period of time, will not be able to hold public office.
According to the draft law, the newly-formed commission for assessing Supreme Court candidates will test the heads of the courts, as well as judges of the Court of Appeal. As for prosecutors, a commission will be set up in the coming months to evaluate state prosecutors. Justice minister Veronica Mihailov-Moraru said the document sets out very clear criteria for ethical financial assessment, with a margin of error between income and expenditure.
"Subjects who will not pass the external evaluation will be dismissed from their positions, so the draft establishes that the period of application of the ban on serving as judge, prosecutor and other positions of public dignity will be taken by the SCM, PSC, by setting a term from 5 to 7 years. Decisions of the SCM, PSC will be subject to appeal to the Supreme Court of Justice", said Veronica Mihailov-Moraru.
The Minister of Justice stressed that the draft law had been expertly examined by the Venice Commission and that the recommendations provided had been taken into account in its drafting. At the same time, the document was also submitted to consultations with civil society.