Start of evaluation for candidates for positions in the two SCM boards and of non-judge candidates for vacancies in the SCM

2023-12-07

The Vetting Commission begins the evaluation of non-judge candidates proposed by the Parliament for vacant positions as members of the Superior Council of Magistracy (SCM) and candidates for positions in the two SCM boards: the Board for the selection and evaluation of judges and the Disciplinary board of judges. The five non-judge candidates to SCM, who submitted applications after 1 September 2023, and twelve candidates for positions in the two SCM Boards were informed about the initiation of the evaluation procedure.

The Vetting Commission has provided the subjects of the evaluation with the forms of the Declaration of assets and personal interests including as well the list of close persons in the judiciary, prosecution, and public service  and of the Ethics Questionnaire. While the Questionnaire will be completed on a voluntary basis, the declarations shall be completed with relevant information and submitted to the Commission within 7 days from the date of the receipt. Declaration of assets and personal interests is a document that will contain the subject's income for the last 5 years, as stipulated in Article 9, paragraph (2) of Law no. 26/2022 on some measures related to the selection of candidates for the position of member in the self-administration bodies of judges and prosecutors.  

If the candidates were not previously subjects of declaration under Law No. 133/2016 shall complete declarations for each of the last five years (period 2018 – 2022) for which an annual declaration was not submitted. By submitting the declarations and the questionnaire, the subjects confirm responsibility for the accuracy and completeness of the presented data.

Upon receiving the documents, the Vetting Commission will conduct a detailed analysis of the income and properties of the subjects and their families. The analysis will be based on extensive research of relevant data collected from public information systems, institutions and subsequent communications with the subjects.

It should be noted that, according to Article 9, paragraph (2) of Law no. 26/2022, the failure to submit the 5-year Declaration and annual declarations when relevant, within the specified timeframe, constitutes grounds for the Commission to determine that the subject has failed the evaluation.

·            Subjects of the evaluation.

Note: Among the files of SCM candidates submitted to the Parliament there are three persons who have been pre-vetted and have passed the evaluation. They were not sent to the Vetting Commission and will not be evaluated repeatedly. Among the SCM and SCM Boards candidates there are subjects who applied for several positions simultaneously.

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