The adoption of a court decision by which the rights and fundamental freedoms or a private individual or legal entity guaranteed by the Constitution and the international treaties to which Moldova is a party were violated intentionally or out of gross negligence will represent a disciplinary deviation. Only the serious or repeated disciplinary deviations will represent a reason for dismissing a judge. This is provided in a bill that was passed by Parliament in the final reading on July 19, IPN reports.
The proposed changes define the deeds that represent disciplinary deviations of judges, regulate the selection of the members of the disciplinary board, specifies the mechanism for examining the disciplinary deviations and strengthen the role of inspector-judge.
Among the disciplinary deviations is the non-fulfillment or late and inappropriate fulfillment of the duties without reasonable justification, if this affected directly the rights of the participants in the trial or of other persons. Other changes provide that disciplinary proceedings can be brought against dismissed judges for acts committed while in office.
The members of the disciplinary board from among judges will be chosen by secret ballot at the General Assembly of Judges. A judge will represent the Supreme Court of Justice, two judges the appeals courts and three judges other courts.