Moldova forges ahead with specialised anti-corruption court
Moldova’s Parliament has taken a significant step towards bolstering its anti-corruption efforts by approving a bill in the first reading to create a specialised anti-corruption court.
The bill, championed by President Maia Sandu, aims to streamline the handling of corruption cases and enhance the quality and timeliness of judicial proceedings.
“This legislative initiative seeks to consolidate efforts in the fight against corruption and ensure the quality and promptness of the examination of criminal cases involving acts of corruption and related offences,” stated the Parliament.
The proposed anti-corruption court system would comprise three components: the Anti-Corruption Court, the Anti-Corruption College of the Chisinau Court of Appeal, and the Supreme Court of Justice. The Anti-Corruption Court would assume primary jurisdiction over all criminal cases involving corruption or related offences, along with scrutinising the legality of acts issued by the National Integrity Authority in instances of substantial discrepancies between income, expenses, and acquired property. Additionally, it would handle requests for the confiscation of unjustified property in favour of the state. The proposal envisions 15 judges to serve at the Anti-Corruption Court.
To address appeals and challenges against decisions made by the Anti-Corruption Court, the bill establishes the Anti-Corruption College within the Chisinau Court of Appeal. This specialised body would comprise six judges.
The selection of judges for both the Anti-Corruption Court and the Anti-Corruption College would be conducted through a rigorous two-stage public competition. Initially, an ad-hoc committee formed by the Superior Council of Magistracy (CSM) would pre-select candidates, followed by the CSM’s final selection from among eligible candidates. The ad-hoc pre-selection committee would consist of six members – three international experts nominated by development partners and three civil society representatives appointed by the CSM. Upon identifying the winners of the public competition, the CSM would present a proposal to the President of Moldova for the appointment or transfer of judges. Judges could be appointed or transferred for a term of six years.
To ensure the impartiality and competence of the anti-corruption court system, the bill outlines stringent selection criteria for judges. Individuals who have served within the Anti-Corruption Prosecutor’s Office in the past seven years would not be eligible for these positions.
The legislative initiative will proceed to a second reading in Parliament for further deliberation.
Translation by Iurie Tataru
