Constitutional judges

 

According to the art. 136 of the Constitution, the Constitutional Court is composed of six judges serving a term of six years. The constitutional judges may hold the same office two terms. The system of judges' appointment involves the identification of the competent authority to appoint constitutional judges and its decision act. These actions are undertaken to ensure the highest possible level of qualification of the candidate proposed for the appointment as judges, and to ensure that he/she meets the criteria of impartiality and independence, and the deep and vast knowledge will serve as guarantor of making correct decisions guided only by the Constitution.

The competent authorities appointing the constitutional judges are the Parliament, the Government and the Superior Council of Magistracy, each of which designates two judges. At the end of the term, deprivation of mandate, dismissal or death of active judges, the President of the Court notifies the competent authority within at most 3 days from the date of declaration of the vacant position, asking it to appoint a new judge. The competent authority appoints the judge within 15 days of the request made by the President of the Constitutional Court.

To become a Constitutional Court judge, the candidate must have a legal education, high professional competence and a legal experience of at least 15 years in education or in scientific research, to be a citizen of the Republic of Moldova residing in the country, the age limit for appointment as a judge is 70 years. The appointment can be made only with the prior written consent of the candidate.

Upon taking the office, the Constitutional Court judge makes before the Parliament, President of the Republic of Moldova and the Superior Council of Magistracy the following oath:

"I swear to fulfil honestly and conscientiously the obligations of judge of the Constitutional Court, to defend the constitutional ordinance of the Republic of Moldova, to obey in exercising the function solely the Constitution." 

The judge carries out his/her duties from the day of his/her oath.

The office of judge of the Constitutional Court is incompatible with any other public or private position, except for the education and research activity.

The constitutional judge enjoys immunity. He/she shall not be detained, arrested, searched, except for cases of flagrant offence, be subject of criminal or contravention proceedings without prior approval of the Constitutional Court. The Constitutional Court judge, whose identity was not known at the time of detention, is set free immediately after establishing his/her identity. The decision maker who detained the Constitutional Court judge, caught in the act, must immediately notify the Constitutional Court about this fact.

Besides the guarantees provided to the judge, he must fulfil the duties with impartially and in compliance with the Constitution; to preserve the secrecy of deliberations and of the votes and not take a public position or give advice on matters within the competence of the Constitutional Court; to express his/her affirmative or negative vote in the adoption of the Constitutional Court acts; to notify the President of the Constitutional Court about the activity incompatible with his/her duties; not to allow the use of his office for the purpose of propaganda of any kind; to refrain from any action contrary to the status of judges; to submit under the law a statement of income and property.

One of the fundamental features of the Constitutional Court is that it represents a collegial agency, which decisions are made in plenary meetings, not by a judge. The plenum of the Court, in addition to exercising jurisdiction, has also the right run the Court activity as a whole.


 

Tudor PANŢÎRU

Appointed as judge of the Constitutional Court by the Decision of the Superior Council of Magistracy No. 130/6 of 12/02/2013, being at his first term.

 

Aurel BĂIEŞU

Appointed as judge of the Constitutional Court by the Parliament Decision No. 66 of 05/04/2013, being at his first term.

Igor DOLEA

Appointed as judge of the Constitutional Court by the Decision of the Superior Council of Magistracy No. 130/6 of 12/02/2013, being at his first term.

 

 

Victor POPA

Appointed as judge of the Constitutional Court by the Parliament Decision No. 61 of 29/03/2013, being at his first term.

Veaceslav Zaporojan

 Appointed as  judge of the Constitutional Court by the Government Decision No.840 of 06/07/2016, being  at his first term.

 
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