In 2015 the Supreme Council of Magistracy has announced 18 competitions to fill the vacancies in the justice system. As a result SCM proposed without ane explanations to President and Parliament candidates with fewer points in comparison with others. In some other cases without explanation was delayed the activity of interims. Legal Resources Centre of Moldova came to these and many other conclusions of violations in SCM. The assumptions are outlined in the report about the activity of SCM in the period from January 2015 to March 2016.
During the analysis of the holding competitions for vacant positions by SCM there were found manu suspicious activities. In accordance with the law, the President may deny the appointment of judges, promotion, transfer or re-confirmation of the judicial authority, but this decision should be justified. According to a press release issued LRCM, during the competitions SCM has received many such denials from the President. The main reasons were: discrediting justice, partiality, possession of undeclared property and corruption.
During the abovementioned period the president dismissed 24 judges. Most of them resigned in connection with retirement. In some cases judges resigned because of being under disciplinary inspection or criminal investigation. The existing legislation should be changed so as to create the opportunity to remove from office judges that are under criminal investigation.
The SCM also appointed without any justification 14 judges with experience of being judge less than three years.
The Law on SCM establish the voting procedure in the absence of candidates. In fact all the votings in SCM are closed and attended only by members of the SCM. Noteworthy is the fact that SCM did not indicate with how many votes mas made the decision. SCM must mention the number of votes in the decision and in the case of competitions for vacant positions you must specify the number of votes "for" or "against" each candidate.
However, the monitoring revealed that the Supreme Court annulled only two of the total number of contested decisions of SCM. They were related to the dismissal of the judge because of the mismatch position and the absence of grounds for the decision to release a criminal from prison.
The report was prepared on the basis of monitoring SCM sessions by the members of LRCM, there were used the documents published on the website of SCM and other open sources. The report presents a number of conclusions and recommendations for each of the issues.