Justice

Andrei Bivol: Only 17% of judges await vetting; process ends by year’s end

The process of evaluating the integrity of judges in the Republic of Moldova, referred to as vetting, has reached its final stage for magistrates. Andrei Bivol, the Vice President of the Judicial Evaluation Commission, mentioned on the Moldova 1 TV show "IN CONTEXT" that approximately 17% of judges in the lower courts will undergo evaluation. He also stated that all assessments of active judges are expected to be completed by the end of 2025.

According to the same source, the entire external evaluation procedure for judges is expected to be completed in 2026.

"We are now at the stage of evaluating judges of lower courts, presidents and vice-presidents of courts, as well as persons who held this position between 2017 and 2023. (...) Regarding the judges in office, I believe we are approaching the end by the end of this year", Bivol declared on Moldova 1 TV.

The commission's decisions can lead to the dismissal of judges, and the only appeal is to the Supreme Court of Justice, without affecting the pace of evaluation, thereby preventing blockages and maintaining priority in evaluations.

“The appeal takes place after the evaluation is completed and has no short-term effect. An appeal can only have an impact if it is accepted by the Supreme Court of Justice,” explained the vice-president of the Commission for the External Evaluation of Judges.

According to Bivol, the appeals often focus on alleged interference in private life and professional reputation.

“The Constitutional Court issued a decision and a rule was practically established: the Commission’s reports are published only after they become final. After the decision of the Supreme Court of Justice, things are settled, there is no more room for interpretation and then this report is published. (…) But publishing all the details would lead to an aggravation, to a reduction in society’s trust in justice,” stressed Andrei Bivol.

Referring to the terms of the vetting process, they could depend on the slow pace of hiring in the justice system.

"The deadline provided by law is December 31, 2026. It is the deadline for evaluating judges of appeal courts, trial courts and candidates for the Supreme Court of Justice. We are in the equation of the unknown, which involves the number of candidates and the occupation of all positions. Probably, the next Government will have to think about measures to encourage potential candidates to apply for these positions, to be willing to go through the evaluation procedure before appointment", said the guest of the show IN CONTEXT.

Andrei Bivol rejected any accusations of political influence, requesting that concrete evidence be presented to support them. He assured that the external evaluation structure of judges operates independently, without institutional or personal pressure.

"The Commission, of course, does not take orders from any institution. We have never encountered a situation in which an institution or public official attempted to influence or inquire about the outcome of an evaluation. There were no such situations. When we heard clumsy statements from the political class about how the vetting should take place, we issued statements dissociating ourselves and clarifying that these statements do not help the process and have no impact on the evaluation. So, I assure you that there is no political interference", concluded the Vice-President of the Vetting Commission.

We remind you that, in the two years of activity of the Vetting Commission, 180 judges were notified for external evaluation and only 38% passed the integrity test.

Violeta Viliant

Violeta Viliant

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