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Assistant Judges

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The president and the judges of the Constitutional Court are assisted in their work by 6 assistant judges.

To apply for the position of assistant judge the persons concerned must:

  • hold the citizenship of the Republic of Moldova;
  • live in the country;
  • prove a high legal education and a professional experience of at least 10 years in the legal activity or in the high legal education.

The candidate is hired as an assistant judge by contest, until reaching 65 years old. The Examination Commission is appointed by the President of the Constitutional Court consisting of 3 judges, head of the Secretariat and other officials of the Court.

The assistant judge takes the oath before the plenary of the Constitutional Court, which is recorded in the minutes signed by the President of the Constitutional Court, and the assistant judge. The oath is not required for the promotion or transfer of the judge to another position in another court. The oath is not taken by the assistant judge who:

  • holds any other public or private office, except for in education and research fields;
  • is a member of Parliament or councillor in a local government;
  • belongs to parties and other social and political organizations or carries out activities of a political nature, or collaborates in activities contrary to the oath of a judge;
  • carries out entrepreneurial activity.

The assistant judge is assimilated with a judge of the Court of Appeal and has the same status as judges of other courts.

The assistant judge, depending on seniority and professional experience, is granted for life the 1st degree and the 2nd degree of qualification of judges. The degrees of qualification are given to the assistant judge concerned in the plenary session of the Constitutional Court after his/her attestation, as required.

The assistant judges enjoy immunity. He/she may not be detained, arrested, searched, unless caught in the act, subject or criminal or contravention proceedings without prior approval of the Constitutional Court. The judiciary competence for administrative infringements and offences committed by the assistant judge of the Constitutional Court belongs to the Supreme Court of Justice. From the date of approval of referral to court, the assistant judge of the Constitutional Court is lawfully suspended from office. In the event of final conviction, the judge is deprived of his/her office under this law.

THE ASSISTANT JUDGE

carries out the following duties:

 

  •  assists the judges in exercising jurisdiction upon complaints made ​​by subjects established by law under the Code of Constitutional Jurisdiction;
  •  proposes to the judge-rapporteur, the plenum and the President of the Court measures necessary for the proper exercise of jurisdiction;
  •  formulates opinions at the request of the judge-rapporteur, the plenum and the President of the Court
  •  studies the possible written objections of the other party on the complaint;
  •  takes actions necessary to settle the case, according to the instructions of the judge-rapporteur, the plenum and the President of the Court;
  •  performs any other duties ordered by the President or by the Plenum of the Constitutional Court.

 

 

 

 
 
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