from nr. 11 General Assembly of judges from 11 March 2016 on amendments to the Regulation on the functioning of the General Assembly of judges



Published: 01.07.2016 in Official Gazette No. 184-192 art No.: 1146, Therefore the General Assembly of judges, in accordance with article 232 paragraph 1. 8 of the law on judicial organization, H a T â â T E R, and others: 1. supports the proposals of the Superior Council of Magistracy, exhibited by Mr. Anatolie Turcan, Member of the SUPREME COUNCIL of MAGISTRATES, with the amendments proposed during the meeting of the General Assembly of judges relating to the amendment of the regulation on the functioning of the General Assembly of judges, as follows: Preamble shall be completed with the phrase "and the law on reprimanding of judges no. 178 of 25 July 2014 ".


Chapter II. In paragraph 6 the convening after the phrase "... Are considered to be extraordinary meetings (exceptional) convened in circumstances in which: "insert the following:") it has become necessary to dispense with the mandate/warrants Member elected by the general meeting of judges in the Superior Council of Magistracy, college selection and career of judges, judges performance evaluation for College, the College disciplinary action;
b) appeared the necessity of choosing a member of the College for the selection and career of judges;
c) has emerged the need for the election of a member of the College to assess the performances of judges;
d) it has become necessary to elect the Member of the SUPREME COUNCIL of MAGISTRATES and members of the College/disciplinary action;
s) at least 55 judges have called for the convening of the general meeting of Judges. "


Chapter III. Opening of the sitting (8) to be completed with the phrase "Lists contain the name, ticket number and series judge (another ID)".
After paragraph 9 will include a new point-91, with the following content: "91. The President of the Superior Council of Magistracy shall propose to the Assembly the designation numărătorilor from the ranks of judges, who will perform the counting procedures throughout the Congregation.
Chapter IV. Competence in paragraph 12, subparagraph (d)) after the words "... 3 membership in the College for the performance evaluation of judges "shall be inserted the words" permanent members and five alternate members of the disciplinary College and raises their mandate ".
In paragraph 12, the letter "e") after the phrase ".. .in College for performance evaluation of judges" shall be completed with the phrase "and in College disciplinary action".
Chapter v. the procedure of election of members of the CSM, the members of the selection and career of judges, members of the College of performance appraisal of judges shall be added to Chapter V Name with the words "the members of the disciplinary College".
Paragraph 13, point 14, point 15, point 16, section 21, section 24, paragraph 25, section 29 (b)) and j), point 40, point 54 should be filled in with the phrase "and the College disciplinary action".
In paragraph 21, after the phrase "... and of the College of judges ' performance review." must be completed with the phrase "Opinions will be delivered to the address of the Secretariat of the SUPREME COUNCIL of MAGISTRACY to be communicated to the judges at the general meeting of judges".
In section 24 shall exclude the words "but not later than 3 days before the date of the meeting of the General Assembly of judges" and after the words ' ... by written declaration filed with the Secretariat of the Council ' shall be inserted before the words "approval of the lists of candidates during the meeting."
Point 26 shall be excluded.
After paragraph 28 will include a new point-281 with the following content: "281. The ballots for the election of the members and alternates in the Superior Council of Magistracy and the disciplinary College members in the selection and career of judges, the judges of performance appraisal, will introduce separate first name and surname of the candidates on the part of the Supreme Court of Justice, separate from the part of the courts of appeal, in part, with the courts as their vote separately :-6 permanent members in the Superior Council of Magistracy-2 representing the Supreme Court, courts of appeal and district courts;
-2 alternates in the Superior Council of Magistracy;
-5 permanent members in College disciplinary action-2 representing the Supreme Court, courts of appeals, representing the 2nd and 1 representing the district courts;
-5 alternate members of the disciplinary College-2 representing the Supreme Court, courts of appeals, representing the 2nd and 1 representing the district courts;
-four members in College for the selection and career of judges-2 representing the Supreme Court and 1 judge representing the courts of appeal and district courts;
-3 members in the assessment of the performance of judges-1 representing the Supreme Court, courts of appeal and district courts. "
In paragraph 29 of the Commission after the words "Special Jurisdiction" shall be inserted the words "for the holding of elections."
In paragraph 29, subparagraph b) "prepares" shall be replaced with the word "distribute".
Letter c) of section 29 shall be excluded.
The letter d) of section 29 shall read as follows: "d) distribute ballots to voters under the signature".
The letter j) of point 29 shall read as follows: "j) candidates for membership of the COUNCIL of MAGISTRATES or a member of the College for disciplinary action, the college selection and evaluation College may designate observers independently from the ranks of judges, for the supervision of elections".
After the letter j) shall include the letter k) with the following content: "k) examines complaints concerning the results of elections".
After paragraph 29 will include a new point-291 with the following content: "291) Special Commission Election Commission for the holding of elections is composed of judges, elected at the general meeting by majority vote openly, the number of which is set by AGJ.
The President and the Secretary of the Commission is elected by open vote by members of the Special Commission for the holding of elections, which are to be recorded in the minutes. "
Chapter VI. Voting At point 31 after the words ' ... but it is complements the presentation ' Finally ' ticket judge or identity card, where the judge was not issued the ticket ".
Chapter VII. Vote counting and tabulation of the vote, appeals To 36 point after the words ' ... voting "shall be filled in the end with the words" and to open the ballot boxes and counting of votes "and exclude" features the opening of the ballot boxes ".
In point 36 after the words ' ... and in a space specially designed for the opening of ballot boxes and counting of votes "should be filled in in the end with the words" in the presence of observers ".
Section 401 completed in the end with the words "for the substitution of other functions".
Section 401 shall be completed with the following phrases: "In the second round of voting, the ballot papers shall include: 1. to elect the members and alternate members of the Superior Council of Magistracy: the top three candidates who garnered the highest number of votes, where there was no chosen candidate of those included in the ballot the next two, and where he was elected one candidate included in the ballot;
2. election of the members and alternates of the College disciplinary action:-the first three/two candidates (according to the representativeness of the courts at all levels), who garnered the highest number of votes, where there was no chosen candidate of those included in the ballot, and the next two where he was elected one candidate included in the ballot;
3. for the election of members of the College and the college selection:-the first three/two candidates (according to the representativeness of the courts at all levels), who garnered the highest number of votes, where there was no chosen candidate of those included in the ballot, and the next two where he was elected one candidate included in the ballot. "
After paragraph 402 will include a new point-403 with the following content: "403. Alternate within the Superior Council of Magistracy will be seconded by the decision of the Superior Council of Magistracy, for the remainder of the Member's activity has dismissed, suspended, revoked, deceased ".
Section 47 will be as follows: 47. Ballots shall be put together in a crate which shall be sealed and signed by the President and the Secretary of the Electoral Commission, and in the presence of observers and of all members of the Commission, and then forward for storage and safe-keeping of the head of the Secretariat of the Supreme Council of Magistracy. The minutes and decisions of the Assembly shall be attached to the map sitting AGJ. These documents shall retain in accordance with the law on Archives Fund of Moldova ".

In paragraph 481 after the words ' ... from the date of deployment of the Assembly "exclude words" ... in particular Electoral Commission established by this Assembly "and insert the words" Special Commission for special elections given by this Assembly through the Secretariat of the Superior Council of magistrates ".
483 and 484 points to exclude the word "election".
In section 484 after the words "to influence the election results," the phrase "Special Electoral Commission" shall be replaced with the words "Special Commission for the holding of elections."
Chapter VIII. Adoption of the decisions in paragraph 50 after the words "and shall be signed by the Chairman and Secretary of the meeting," to be completed with the words "being numbered in consecutive order on the current year".
2. the extract from this decision shall be published in the Official Gazette of the Republic of Moldova and the decision on the website of the higher magistrates Council (URwww.csm.md).