ROLUL PREŞEDINTELUI REPUBLICII MOLDOVA ÎN NUMIREA JUDECĂTORILOR ÎN FUNCŢIE

Abstract

This paper analyzes the role of the President of the Republic of Moldova in the appointment of judges in light of the jurisprudence of the Constitutional Court and the recommendations of the Venice Commission. Mainly, the cases in which the President of the Republic of Moldova is entitled to reject the candidacy proposed by the Superior Council of Magistracy for the appointment of a judge are addressed. Thus, the recent decisions of the Superior Council of Magistracy addressing the refusal of the President of the Republic of Moldova to appoint a judge, as well as the jurisprudence of the administrative courts in this regard are subject to analysis. In conclusion, the decisional weight given to the administrative courts and the conditions in which the role of the President of the Republic of Moldova in the appointment of judges in can evolve are highlighted.