CCRM

Constitution of Moldova

Constitution of the Republic of Moldova


În vigoare din data de 2002-12-12, valabil până înainte de 2022-04-01

Articol 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 according to the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy, in accordance with the law. The judges who held the competition are appointed for the first time for a term of 5 years. After the expiration of the 5-year term, the judges will be appointed until the age limit, established in accordance with the law, is reached.


(3) The presidents and vice-presidents of the courts are appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy, for a term of 4 years.


(4) The president, vice-presidents and judges of the Supreme Court of Justice are appointed by the Parliament at the proposal of the Superior Council of Magistracy. They must have been judges for at least 10 years.


(5) The promotion and transfer of judges shall be made only with their consent.


(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.

În vigoare din data de 2022-04-01

Articol 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(3) (Repealed)


(4) (Repealed)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.