START evaluation of the non-judges candidates for the position of member of the SCM, submitted by the Parliament

The Pre-Vetting Commission has started the evaluation procedure of the group of candidates submitted by the Parliament to the position of member of the Superior Council of Magistracy (SCM). The list of the 12 non-judges, admitted to the competition by a decision of the Legal, Appointments and Immunities Committee of the Parliament, includes freelance lawyers, lawyers and representatives of civil society and the academic environment, who will go through the process of assessment of the financial and ethical integrity, in order to become eligible for a position of permanent member of the SCM.

At first stage, the Evaluation Committee sent the candidates the declaration of assets and personal interests form for the last 5 years, to be completed, signed electronically and submitted to the Secretariat of the Commission within 7 days from the request. The declaration form will include both the information on the assets and personal interests of those who are running for the position of member of the SCM, as well as the list of close persons from the judicial system, the prosecutor’s office and the public service. The failure to submit the statements in time constitutes a reason for the Commission to decide on non-promotion of the evaluation by the candidate, in accordance with Article 9 para. (2) of law 26/2022 on some measures related to the selection of candidates for the position of member in the self-administration bodies of judges and prosecutors. The Pre-Vetting Committee will analyze the incomes and properties of candidates and their families on the basis of extensive research, having direct access to public and private data sources, accumulating information from individuals and legal entities, including requesting further explanations from candidates. At the same time, non-judge candidates will be checked if they meet the criteria of ethical integrity.

After examining the information gathered, candidates will be invited to public hearings and the evaluation process will end with the issuance by the Pre-Vetting Commission of the decisions for each candidate. According to the legal provisions in force, the results of the evaluation will be publicly announced on the Commission’s website, transmitted to the candidates and to the Legal, Appointments and Immunities Committee of the Parliament, the institution responsible for organizing the competition. From the non-judge candidates who will promote the evaluation of the Pre-Vetting Commission, the Parliament will appoint six members of the Superior Council of Magistracy with the vote of three-fifths of the elected MPs. Thus, the new SCM will consist of 6 judges, elected by secret vote by the General Assembly of Judges, and 6 non-judges, appointed by Parliament.