CCRM
Constitution of Moldova
Constitution of the Republic of Moldova
Art.
114 The pursuit of justiceJustice is done in the name of the law only by the courts.
Art.
115 Courts(1) Justice is administered through the Supreme Court of Justice, the courts of appeal and the judges.
(2) For certain categories of cases, specialized judges may function, according to the law.
(3) The establishment of extraordinary courts is prohibited.
(4) The organization of the courts, their competence and the trial procedure are established by organic law.
Art.
116 Status of judges(1) The judges of the courts are independent, impartial and irremovable, according to the law.
(2) The judges of the courts shall be appointed, in accordance with the law, until reaching the age limit, by the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy. The President of the Republic of Moldova may reject the candidacy proposed by the Superior Council of Magistracy only once.
(3) (Repealed)
(4) (Repealed)
(5) Decisions on the appointment of judges and their careers must be taken on the basis of objective, merit-based criteria and a transparent procedure, in accordance with the law. The promotion or transfer of judges is done only with their consent.
(5.1) Judges have only functional immunity under the law.
(6) The sanctioning of judges shall be made in accordance with the law.
(7) The position of judge is incompatible with the exercise of any other remunerated position, except for the didactic and scientific activity.
Art.
117 Public nature of judicial debatesIn all courts, court sessions are public. Trials in closed session shall be allowed only in cases established by law, in compliance with all procedural rules.
Art.
118 Language of the proceedings and the right to an interpreter(1) The judicial procedure is carried out in the Romanian language.
(2) Persons who do not possess or speak the Romanian language have the right to be aware of all the documents and works of the file, to speak in court through an interpreter.
(3) Under the law, judicial proceedings may also be carried out in a language acceptable to the majority of persons participating in the trial.
Art.
119 Use of remediesAgainst judicial decisions, interested parties and competent state bodies may exercise remedies under the law.
Art.
120 Mandatory nature of judgments and other final judgmentsIt is mandatory to respect the sentences and other final decisions of the courts, as well as the cooperation requested by them during the process of execution of the sentences and other final judgments.
Art.
121 Financial resources of the courts, allowance and other rights(1) The financial resources of the courts are approved by the Parliament and are included in the state budget.
(1.1) In the process of elaboration, approval and modification of the budget of the courts, the consultative opinion of the Superior Council of Magistracy is requested. The Superior Council of Magistracy has the right to present to the Parliament proposals for the draft budget of the courts.
(2) The indemnities and other rights of the judges are established by law.
(3) The courts have the police in their service.
Art.
121 .1 The roleThe Superior Council of Magistracy is the guarantor of the independence of the judiciary.