The candidates for the Superior Council of Magistracy (SCM), judges Ion Chirtoacă (Chișinău Court, Buiucani Office), Marina Rusu, (Cahul Court, Taraclia Office) and Alexei Paniș (Chișinău Court, Rîlcani Office) have accepted the publication of the reasoned decisions of the Pre-Vetting Commission.
The three decisions of failing the evaluation were adopted by a majority of five members of the Commission. Commission member Vitalie Miron issued a dissenting opinion in each of the three cases, which were attached to the decisions.
The Commission’s decisions may be appealed to the Supreme Court of Justice within 5 days of receipt, without prior procedure, according to art. 14 para. (1) and (2) of Law No. 26/2022.
19 of the 28 judicial candidates running for the position of member in the SCM accepted the publication of the Commission’s reasoned decisions and the dissenting opinions attached, depending on the case.
The Pre-Vetting Commission has completed the evaluation of judicial candidates for the SCM with 5 decisions of passing and 23 decisions of failing of the evaluation. By February 9, 2023, 11 candidates have appealed the Commission’s decisions of failing of the evaluation to the Supreme Court of Justice (SCJ). In one of these cases, the SCJ upheld the Commission’s decision. Hearings on other 10 cases will be set up after the examination by the Constitutional Court of the application on the exception of unconstitutionality on the latest amendments to Law No 26/2022.