Vetting Commission presents its first progress report to Parliament

In accordance with the provisions of Article 5 para. (3) of Law no. 252/2023 on the external evaluation of judges and prosecutors and amendment of some normative acts, the Vetting Commission submits annual reports to the Parliament by 31 March of each year. In its first Progress Report, the reporting period is 15 June 2023, the date of the establishment of the Vetting Commission, and 31 March 2024 respectively.

The report reflects the activities carried out by the Commission on the basis of three laws regulating: the vetting of the Supreme Court of Justice (SCJ), the pre-vetting of candidates for membership of the Superior Council of Magistracy (SCM), entered in the competition after 1 September 2023, and the two boards of the SCM, and the vetting of judges of the Courts of Appeal, presidents and vice-presidents of courts, as well as candidates for these positions until 31 December 2025.

Activity under Law 65/2023

Initially, the Vetting Commission was mandated, based on Law 65/2023, to vet sitting judges of the Supreme Court of Justice and candidates for the position of judge of the SCJ, i.e. 37 subjects of vetting at the SCJ. Of these, only 8 remained in the vetting process. Hearings are to be organized for them. The SJC has also completed the examination of 10 of the 12 reports submitted by the Commission and accepted all of them, 8 with a proposal to pass and 2 with a proposal to fail.

Activity under Law 26/2022

Law 26/2022, on Pre-Vetting, mandated the Commission to evaluate candidates for various positions in the SCM, entered in the competition after 1 September 2023. Therefore, 31 judges and representatives of other legal professions, candidates to the SCM, the Board for Selection and Evaluation of Judges and the Disciplinary Board of Judges are in the process of evaluation. Of the 31 candidates, 7 have attended the hearings and decisions on them are pending.

Activity under Law 252/2023

Under this law, the Commission is to evaluate judges of the courts of appeal and presidents and vice-presidents of courts, as well as candidates for these positions. The Commission has adopted amendments to its Rules of Organization and Functioning in order to carry out the evaluation of this category of subjects. At the same time, it requested from the SCM the lists of judges and candidates for the position of judge at the Chisinau Court of Appeal. Their evaluation starts in April.

The Vetting Commission's Report to Parliament also describes the challenges faced by the Commission in carrying out the assessment, including delays in obtaining information and difficulties in identifying potential conflicts of interest.

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