REFLECŢII CU PRIVIRE LA LEGITIMITATEA CONSILIULUI SUPERIOR AL MAGISTRATURII ÎN CONTEXTUL LEGISLAŢIEI NAŢIONALE ACTUALE ŞI AL STANDARDELOR EUROPENE

Abstract

This article contains an analysis of justice quality and efficiency in Republic of Moldova, by studying the national legislation and its conformity with the European standards in the field of justice. Every state has a Supreme Council of Magistracy responsible for judge appointment, selection and promotion and the majority of European normative acts settle that it must have a really independent character and an adequate structure, to assure that this Council is able to guarantee the judges’ independence, impartiality and integrity. This investigation is centred on the special Law about the Supreme Council of Magistracy statute, its role and on the idea that the norms about its structure do not correspond to the Constitution of Republic of Moldova and to the European norms that regulate the judge statute. The national legislation settles that the Supreme Council of Magistracy consists of 12 members, 5 of them being judges, but the European norms promote the idea that the number of judges has to be at least a half of the total number of the members. Our option is to modify the national norms about the Supreme Council structure in the sense of selecting not five but six judges by the General Assembly of Judges as members of the Council, without including the President of the Supreme Court of Justice, because the last is not a simple judge but has the role of a chief and a large contribution for increasing the value of the authority he governs, the justice in general and the efficiency of activity of the Supreme Council of Magistracy. That’s why the President of the Supreme Court of Justice is a member by right of the Supreme Council of Magistracy, as the Minister of Justice and the General Prosecutor. We have made a detailed investigation of the national legislation writing this article and we propose to modify the content of some juridical norms for adjusting them to the European standards. At the same time, it is very important to exclude the political elements from justice administration and to promote only professional judges, for increasing the justice authority and value.