Vetting of candidates to Moldova’s Judicial Council objective and professional, but legislation and transparency could still be improved: ODIHR report

WARSAW, 30 September 2023 – Following 14 months of monitoring the evaluation of candidates to the body responsible for the appointment and discipline of judges in Moldova (pre-vetting), the OSCE Office for Democratic Institutions and Human Rights (ODIHR) found that the procedure is generally objective, fair and professional, and in line with international human rights and rule of law principles. However, the transparency and legal certainty of the evaluation process could be further improved, ODIHR said in a new report. 

“Our long-term monitoring in Moldova has shown that the country is making progress with its judicial reform, and we offer a number of recommendations to further improve the process moving forward,” said ODIHR Director Matteo Mecacci. “As an independent judiciary is indispensable for democracy, it is crucial that any intervention and all stages in the selection and appointment of judges are made through a transparent, fair and credible process.”

In its report, ODIHR makes a number of key recommendations to the Moldovan authorities, the evaluation commission, and similar bodies that may serve to inform future external evaluation and vetting processes for judges and prosecutors in the country.

These include increasing the transparency of the selection of members of the commission and other similar bodies, enhancing public communication and access to information about important procedural decisions, and refraining from amending the applicable legislation during the process, unless this is exceptionally required to ensure fairness and credibility. ODIHR also suggests updating the legal framework to guarantee gender equality and diversity in the future among the member of the vetting bodies, establishing realistic deadlines for the process of integrity evaluations, and introducing compensation for candidates whose appeals were not examined prior to the completion of the appointment process.

In addition, ODIHR said vetting should remain an extraordinary measure to select judges and prosecutors who are best placed to make the justice system more credible and accountable towards citizens. The vetting process should be conducted only once, with strict respect for the principles of judicial independence, and in observance of the fairness and transparency of the evaluation process.

Following detailed analysis of the legislation covering the process in September last year, ODIHR monitored the pre-vetting of candidates for the body responsible for the appointment and discipline of judges in Moldova from June 2022 to August 2023 at the invitation of the Moldovan Ombudsman.

The monitoring team observed all 29 hearings of the Superior Council of Magistracy candidates, with all monitors strictly adhering to the well-established ODIHR monitoring principles of impartiality, objectivity, confidentiality and professionalism, at the same time ensuring that they in no way interfered in the process itself. ODIHR will continue monitoring the process of evaluation of integrity by the evaluation commission, and will issue a final report when the process has been completed.