Differences between vetting and pre-vetting in the context of judicial reform

Vetting and pre-vetting are increasingly talked about lately. Most of the time, these two distinct stages of the external extraordinary evaluation process for judges and prosecutors in Moldova are either confused or treated similarly. Here are the main differences between the two processes:

Pre-vetting is the initial and preparatory stage before evaluating all judges and prosecutors. Pre-vetting involves checking the integrity of judges, prosecutors, and professionals applying for positions in the Superior Council of Magistracy (SCM), Superior Council of Prosecutors (SCP), and the Boards within these two Councils.

Pre-vetting is voluntary. It becomes mandatory only for those who have applied for competitions to become a member of SCM, SCP, or the Boards of these Councils. In case of a failed evaluation, the only consequence for the candidate is exclusion from the competition.

Vetting is the subsequent and more comprehensive stage of evaluation compared to pre-vetting. Vetting involves checking the integrity of acting judges of the Supreme Court of Justice (SCJ) and candidates for SCJ judge positions, judges of Courts of Appeal, and presidents and vice-presidents of courts. Vetting also includes checking the integrity of prosecutors in key positions within the General Prosecutor's Office, prosecutors in the Anti-Corruption Prosecutor's Office, and the Prosecutor's Office for Combating Organized Crime and Special Cases (PCCOCS), as well as chief prosecutors and their deputies in territorial prosecutor's offices.

Vetting is mandatory for all judges and prosecutors identified above. In case of a failed evaluation, the main consequence is dismissal from office with the deprivation of the right to serve as a judge or prosecutor or hold a public office for 5-7 years.

The Vetting Commission conducts three types of evaluations: vetting of the Supreme Court of Justice (SCJ), pre-vetting of candidates for membership in the Superior Council of Magistracy (SCM), who submitted applications after 1 September 2023, and the two Boards within the SCM, and vetting of judges of Courts of Appeal and presidents and vice-presidents of courts. These three types of evaluations are carried out based on three different laws – Law 26/2022, Law 65/2023, and Law 252/2023.

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