27 08/2016

Judicial Authority

Administration of Justice
Justice shall be administered in the name of the law by courts of law only.

Courts of Law
(1) Justice shall be administered by the Supreme Court of Justice, the Court of Appeal, by tribunals and the courts of law.
(2) To hear certain categories of cases special courts may be set up under the law.
(3) It is forbidden to set up courts of exception.
(4) The structure of the courts of law, their areas of competence and the corresponding judicial procedures shall be established by organic law.

Status of Judges
(1) Judges sitting in the courts of law are independent, impartial, and irremovable under the law.
(2) The judges sitting in the courts of law are appointed by the President of the Republic of Moldova following a proposal submitted to him by the Higher Magistrates Council. Those judges who have passed the judicature entry test are appointed in their positions at first for a 5-year term. After 5 years judges will be appointed for a term of office which expires with their reaching the age limit.
(3) Both the Presidents and Vice-presidents sitting in the courts of law shall be appointed by the President of the Republic of Moldova following a proposal submitted to him by the Higher Magistrates Council for a 4-year term.
(4) Both the President, Vice-president and the members of the Supreme Court of Justice shall be appointed by Parliament following a proposal submitted by the Higher Magistrates Council. They must provide evidence of work experience in courts of law that is not less than 10 years long.
(5) Judges may be promoted or transferred at their own consent only.
(6) Judges may be punished as provided for under the rule of law.
(7) The office of judge is incompatible with holding an other public or private remunerated position, except In the area of teaching or scientific research.

Public Character of Legal Proceedings
Legal Hearings in all courts of law are public. Cases may be heard behind closed doors only as stipulated by law under compliance with all established legal procedures.

Language used in Hearings and Right to Use an Interpreter
(1) Legal cases will be heard in the Moldovan language.
(2) Those persons who do not know or are unable to speak Moldovan have the right to take knowledge of all documents and items on file and to talk to the court through an interpreter.
(3) In accordance with the law legal hearings may also be conducted in a language that is found to be acceptable by the majority of the persons participating in the hearing.

The parties involved in a case and the state authorities may appeal against sentences pronounced in courts of law in accordance with the law.

Compulsory Character of Sentences and of Other Final Legal Rulings
It is compulsory to abide by the sentences and the other final legal rulings pronounced in courts of law and to cooperate with the latter at their specific request during trials, the execution of sentences and other final rulings of justice.