Frequent questions

The term "vetting" comes from the English language and means "verification" or "evaluation". Pre-vetting, under Law no. 26 of 10.03.2022 regarding some measures related to the selection of candidates for the position of member in the self-administration bodies of judges and prosecutors, is the mechanism for evaluating the integrity of candidates for the position of member in the Superior Council of Magistracy (SCM), the Superior Council of Prosecutors (SCP) and in their subordinate specialized bodies.

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), and in the two boards of the SCM, and vetting of certain categories of judges, as stipulated in Law no. 252/2023.
Therefore, the subjects of evaluation under Law 65/2023 on the external evaluation of judges and candidates for the position of judge of the Supreme Court of Justice are:
- judges of the Supreme Court of Justice in office, including those suspended from office;- candidates for the position of judge of the Supreme Court of Justice.
The subjects of evaluation under Law 26/2022 on certain measures related to the selection of candidates for membership in the self-administration bodies of judges and prosecutors are:
- candidates for membership in the Superior Council of Magistracy (SCM);- candidates for membership in the Board for the selection and evaluation of judges;- candidates for membership in the Disciplinary board of judges of the SCM.
The subjects of evaluation under Law 252/2023 on the external evaluation of judges and prosecutors are:- judges who have held the position of court president and/or vice-president- judges of courts of appeal in office;- candidates for the positions of president, vice-president, and judge of the courts of appeal. Note: The following are not subject to evaluation:
- judges of the Supreme Court of Justice and candidates for the position of judge of the Supreme Court of Justice who have passed the integrity assessment provided for in Law no. 26/2022 on certain measures related to the selection of candidates for membership in the self-administration bodies of judges and prosecutors;- judges who, within 20 days of being notified of the initiation of the evaluation, submit a resignation request.

‍In exercising its mandate, the Evaluation Commission shall have the following powers:
-        to collect, accumulate and verify, by means not prohibited by law, any information relevant to the evaluation;
-        to access any information system containing information relevant to the fulfilment of its mandate, including via the interoperability platform (MConnect);
-        to request information from the subject of the evaluation;
-        to request and obtain, free of charge, information from other natural and legal persons governed by public or private law, including financial institutions;
-        to interview the subject of the evaluation and other persons holding information relevant to the evaluation;
-        to carry out the evaluation and approve reports on the evaluation results.

The Evaluation Commission shall be functionally and decisionally independent from any natural or legal persons, irrespective of the type of ownership and legal form of organization, including parliamentary factions and development partners, which have participated in the appointment of its members. In its work, the Evaluation Commission shall be guided by the Constitution, by laws and other normative acts governing the areas related to its work.
IMPORTANT: Development partners cannot give indications to the Evaluation Commission or its secretariat on matters relating to the implementation of the mandate of the Evaluation Commission. Members of the Evaluation Commission and employees of the secretariat shall enjoy functional immunity and may not be held liable for opinions expressed in the exercise of their mandate and duties.

The Evaluation Commission is not a public authority within the meaning of the Administrative Code. The work of the Evaluation Commission is not public, with the exceptions established by this Law and the Evaluation Commission’s Rules of organization and functioning.