The Constitutional Court (CC) has partially admitted the petition filed by the Superior Council of Magistracy (CSM) for the constitutionality review of the article that provides for the dismissal of the judge even in case of violation of the legal regime of conflicts of interest, incompatibilities or failure to submit the declaration of assets and personal interests.

The High Court has recognised the constitutionality of Article 25 para. (1) letter g/1 of Law no. 544 of 20 July 1995 on the status of judges, “insofar as it concerns only the act of violation of the legal regime of conflicts of interest allowed in administrative activity”. This article provides for the dismissal of the judge in case of establishing, by a final act of ascertainment, the conclusion of a legal act directly or through a third person, the taking or participation in the taking of a decision without the resolution of the actual conflict of interest in accordance with the provisions of the legislation on the regulation of conflict of interest.

At the same time, the Court recognised as constitutional Article 25 para. (1) (g/2) and (g/4) of the Law on the Status of Judges, which provides that the judge shall be dismissed from office in case of failure or refusal to submit the declaration of personal assets and interests, in accordance with the provisions of the Law on the National Integrity Authority, as well as in case of establishment, by the final act of finding, of the situation of failure to resolve incompatibilities within the time limit.

“This decision is final, may not be subject to any appeal, enters into force on the date of adoption and is published in the Official Gazette of the Republic of Moldova,” the CC decision states.

On 14 September 2021, the CSM referred the matter to the CC for review of the constitutionality of certain legal provisions concerning the grounds for dismissal of judges.

The CSM considered that the amendments to the Law on the Status of Judges, which provides for the dismissal of judges even in case of violation of the legal regime of conflicts of interest, incompatibilities or in case of failure to submit the declaration of assets and personal interests “contradict the general principles governing the disciplinary liability of judges, namely – the basic principles of the independence of justice”.

“(…) By implementing these provisions, the body of judicial self-administration (CSM) has been assigned a formal role – to enforce the decisions of the National Integrity Authority on the dismissal of the judge, in the absence of a transparent and independent disciplinary procedure. It is obvious that the legal provisions, the constitutionality of which is requested to be verified, are incompatible with the provisions of Article 123 of the Constitution, which stipulates that the CSM shall ensure the appointment, transfer, secondment, promotion in office and application of disciplinary measures to judges (…)”, the CSM complaint states.