Judicial Power in Moldova | Lawyer Moldova

Social Icons

lawyer moldova twitter lawyer moldova facebook lawyer moldova linkedinlaw moldova rss feedlawyer moldova email

Featured Posts

Sunday, 8 December 2013

Judicial Power in Moldova


The judicial authority in the Republic of Moldova is exercised through the courts system, regulated by Constitution and specific laws: Law on the Judicial Organization (Adopted on October 19, 1995), Law on the Status of Judge (Adopted on July 20, 1995), Law on the Supreme Court of Justice (Adopted on March 26, 1995), Law on the System of Military Courts (Adopted on August 1, 1996), Law on the Economic Courts (Adopted on November 26, 1996).

This court system is comprised of the following jurisdictions: Supreme Court of Justice, Court of Appeals, Tribunals, and ordinary courts. Even the activity of the Constitutional Court is judicial based, it is independent of any other public authority and obeys only the Constitution.

The Supreme Court of Justice is the supreme court of law, that ensures the correct and unitary implementation of laws by all courts of law in the Republic of Moldova. The organization and functioning of the Supreme Court of Justice is regulated by a special Law on the Supreme Court of Justice.
  • considers in first instance the cases placed by law under its jurisdiction, as well as the cases appealed by means of recourse or extraordinary ways of appeal;
  • solves jurisdictional conflicts between the courts of law;
  • exercises other prerogatives, according to the law.

The official periodical published by the Supreme Court is “The Supreme Court Bulletin”.

The Court of Appeal is the supreme instance concerning ordinary ways of appeal.

The Court of Appeals:
  • considers in first instance the cases paced by law under its jurisdiction;
  • considers the appeals against the decisions pronounced in first instance by the tribunals and specialized courts;
  • considers the recourses against the decisions pronounced by the tribunals in order of appeal, as well as in other cases provided by law;
  • considers, in limits of its jurisdiction, the cases subject to extraordinary ways of appeal;
  • generalizes the judicial practice;
  • solves jurisdictional conflicts between the tribunals;
  • exercises other prerogatives, according to the law.


Tribunals
In the Republic of Moldova there are 5 tribunals (according to territory tribunal from Chisinau, Balti, Cahul, Bender and Comrat). Each tribunal possesses jurisdiction in a circuit that comprises several courts. The tribunals may comprise several departments, according to the nature of the cases, or a single department, that shall be mixed.
The tribunals’ functions are: consider in first instance the cases and requests placed by law under their jurisdiction; consider the appeals against the decisions pronounced in first instance by courts; consider the recourses against the decisions pronounced by courts, that, according to the law, cannot be appealed; solves cases appealed by means of extraordinary ways, placed by law under their jurisdiction; solves jurisdictional conflicts between the courts within their circuit; generalize the judicial practice; exercise other prerogatives, in accordance with the law.

Ordinary courts
The courts function in districts and municipalities (their sectors). Extra courts may be established in some cities, villages (communes), as the case might be. The ordinary courts consider all cases and requests, with the exception of those that are, in accordance with the law, under the jurisdiction of other courts of law.
The judges sitting in the courts of law are appointed by the President of the Republic of Moldova following a proposal submitted to him by the Higher Magistrates Council.
For certain categories of cases there have been instituted specialized courts: military and economic.

Military Court
The military court are part of the Judiciary, they are specialized courts that administer justice, according to the law, within the military forces.
The military courts administer justice for the protection of any kind of assault on state security, the capacity of fight and defense of the military forces, the rights and freedoms of servicemen. The military courts system comprises of military courts and Departments of the Court of Appeals and of the Supreme Court of Justice. Besides criminal cases, the military courts also consider civil cases involving military units, cases involving natural persons and legal entities concerning the pecuniary damages occurred as a result of the military offences.

The Economic Court is specialized court and is a part of the judicial system of the Republic of Moldova, established to administer justice in cases deriving from economic relations between natural persons and legal entities. The economic court has the duty to safeguard for the protection of the rights and legal interests of natural persons and legal entities during their entrepreneurial activity and other relations of economic nature, as well as for the correct and uniform application of the legislation in the field of economy.
Judicial Administration

The Ministry of Justice is the specialized central body of the public administration, exercising the leadership, coordination and control in the ambit of its competence, ensures the implementation of the state policy in the field of justice and insofar its activity is concerned – the Ministry is subordinated to the Government.

The functions of the Ministry of Justice are:
  • Drafting of the most important laws
  • Giving its advisory opinion on draft laws and other drafts of the normative acts of the Government
  • Performing the systematization and improvement of the legislation
  • Representing the interests of the Government of the Republic of Moldova before the European Court of Human Rights and maintaining the international relationships in the field of justice
  • Ensuring the interaction of the Government and Parliament with the Constitutional Court

The Higher Magistrates' Council in accordance with regulations established in the organization of the judiciary performs the appointments, transfers, promotions of judges, as well as the disciplinary actions against them. The Higher Magistrates' Council is composed of 11 magistrates whose mandate is valid for 5 years. The following belong by right to the Higher Magistrates' Court: the Minister of Justice, the President of the Supreme Court of Justice, the President of the Court of Appeal, the President of the Court of Audit, the Prosecutor General.

Additional Legal Institutions:

The General Prosecution
The Prosecutor's Office is a body of supervision over the due observance of law in the Republic of Moldova. The Prosecutor General and the public prosecutors under him exercise control over the exact and uniform enaction of laws by public administration authorities, by the legal entities and natural persons as well as by their associations, according to the Constitution. The Prosecutor's Office defends the legal order, the rights and freedoms of citizens and supports the enforcement of justice under the law. By its activity, the Prosecutor's Office supports the maintenance of rule of law, its exact and uniform inaction in order to consolidate the legality and the defense of the rights and freedoms of citizens. It exercises its powers as an autonomous body in the legal bodies' system.

Information and Security Service is a state organ that focuses its activity in the sphere of safeguarding the state security. It is coordinated by the President of the Republic of Moldova in accordance with the parliamentary control.

The Police, placed gratuitously in the service of the courts of law by the Ministry of Internal Affairs, ensures the watch of the premises, of other goods of the courts of law, the security of judges, of other participants at the proceedings, the public order in the headquarters of the court and during the hearings; hands down summons to the parties, witnesses, debtors, and to other persons, brings them compulsory to the court; exercises the control of the people at the entry and the exit of the court, including the bodily control, under the conditions of the law; assists the judicial executors; fulfils other tasks connecting to the justice-making process.

The Court of Audit controls the ways of creating, administering and utilizing public financial resources. It is composed of 7 members. The President of the Court of Audit is appointed for a 5-year term by Parliament on proposal submitted by the President of Parliament. The Court of Audit submits annually to Parliament a report on the administration and utilization of public financial resources (Constitution, Art. 133). The Court of Audits is established by organic law on the Court of Audits (Adopted on December 8, 1994).

No comments:

Post a Comment