Statement from the Vetting Commission on its Role and Independence

The Vetting Commission established under Law 65/2023 issues this statement to address some misunderstandings about its role and functioning. This clarity is crucial for the public, subjects of the evaluation and all observers.

The Vetting Commission’s role is to fairly and independently evaluate the integrity of judges and candidates for the office of judge. The independence of the Commission is reflected in its structure, as its membership includes two Moldovan members nominated by the majority party and one nominated by the opposition and three international members. The Commission is an ad hoc body and is not part of Parliament or other components of the national government.

Concerns have been raised regarding the evaluation procedure, particularly in light of statements made by political figures criticizing certain judicial rulings from the past period.  Some have interpreted the politicians’ statements as saying that the vetting process will be used to remove judges because of disagreement with their decisions.

Declarations of the political leaders criticizing judges or judicial decisions do not influence in any way the Vetting Commission’s evaluations. The criteria for the evaluations refer to a judge’s financial and ethical integrity, objectively specified in the law. The Vetting Commission applies these criteria and not extraneous factors.  

The Vetting Commission is engaged in the extraordinary process of vetting because the integrity of judges is critical to the rule of law and public confidence in the justice system. The rule of law also depends on independent courts, a principle recognized both in Moldova’s Constitution and the European Convention of Human Rights. The independence of the judiciary is compromised when judges face threats aiming to sway their decisions or to convey disapproval of specific rulings. Such actions may themselves erode public confidence in the legal system.

This statement represents the firm position of all Commission members.

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