Moldova's courts face paralysis amid judge shortage
A year after a wave of resignations swept through the judiciary, the Central Court of Appeal is still grappling with a critical staff shortage.
Only half of its judicial positions are filled, and each judge handles, on average, over a thousand cases – an overwhelming burden that threatens to paralyze the court.
The shortage of judges is also being felt in other appeal courts nationwide. The Superior Council of Magistracy (SCM) acknowledges the problem, considering temporary transfers of magistrates the only viable short-term solution to prevent a complete gridlock.
Out of the 57 positions stipulated in the Central Court of Appeal's organizational chart, only 30 are currently occupied. Four of these magistrates failed the external vetting process and have challenged the vetting commission's decisions, which prevents them from issuing rulings. Additionally, 13 judges are temporarily assigned elsewhere, meaning the court operates with less than a third of the staff needed to cope with the workload. For instance, last year, this court resolved 42,000 cases, leaving another 18,000 pending.
"Currently, the average caseload per judge ranges from 1,000 to 1,200 cases. For an appeals court judge, a workload of 300 cases wouldn't compromise the quality of justice. As you can imagine, the current volume is three to four times higher than a judge could realistically examine," Ghenadie Mîra, interim president of the Central Court of Appeal, told Moldova 1.
Other appeal courts are also struggling with human resources. The Nord Court of Appeal has only 15 judges, despite its organizational chart listing 24 positions, while the southern court has only nine magistrates out of 16 stipulated positions.
Sergiu Caraman, President of the Superior Council of Magistracy (SCM), asserts that the external evaluation isn't the main reason judicial positions in appeal courts have become unattractive. He points to recruitment drives in prior years, before this "filter" existed, when the situation was virtually identical. According to Caraman, the lack of interest in these roles is an older problem that cannot be attributed solely to the evaluation process.
"Many judges from lower courts simply prefer to work as judges in local courts. They don't seek promotion to the appeals court level. Currently, working at the appeals court level offers a salary increase of only a few thousand lei compared to a first-instance judge—we're talking about two to three thousand lei—for a workload that is two to three times higher. And naturally, the responsibility is also much greater," Caraman stated.
The SCM President notes that contests were held to fill vacant positions, attracting 20 candidates. However, appointment requires passing the vetting process. Until these posts are filled, the temporary transfer of magistrates remains the best solution to prevent court activities from grinding to a halt.
"We announced a temporary transfer contest for the Central Court of Appeal. We also announced and conducted a similar contest for the South Court of Appeal. The next appeals court contest will be held in the autumn, and by then, we'll need enough judges to manage the situation," the SCM President added.
The Central Court of Appeal, renamed in April 2024 from the Chișinău Court of Appeal, underwent an extensive external evaluation process. Of the 40 judges in office when the procedure began, 21 resigned, while the others entered the evaluation process.
Translation by Iurie Tataru
