On 27-28 October 2021, representatives of the Superior Council of Magistracy, Judicial Inspection and Disciplinary Board attended an online workshop on case management and international standards in judicial disciplinary proceedings. During the event, the participants discussed with the Council of Europe experts the grounds for disciplinary liability and sanctioning of judges according to comparative law practices but also challenges in the process of managing disciplinary proceedings that may hamper a prompt reaction from the disciplinary bodies and transparent proceedings.
In his opening speech, Mr William Massolin, Head of the Council of Europe Office in Chisinau, mentioned that a set of minimum standards in the field of disciplinary liability should be followed, in order to ensure the efficiency and accountability of courts and judges, as well as public confidence in the judicial system as a whole.
The participants pointed out that awareness of all persons involved in disciplinary investigations and procedures should be maintained about the existing practices and relevant standards in this field; the benefits of exchanging opinions and experiences with peers from other countries was also highlighted.
The workshop’s discussions addressed the following subjects:
- International standards and good practices in disciplinary proceedings in respect to judges
- Relevant comparative law applicable in disciplinary proceedings
- Analysis of the legislation of the Republic of Moldova regulating the reasons for disciplinary liability of judges
- Iimportance of setting-up a methodology for investigating the facts constituting disciplinary misconducts
- Principles and techniques that can be used by the disciplinary bodies to communicate with judges and mass-media.
Particular focus during the event was placed on the ways to standardize the acts drawn up by the Judicial Inspection and Disciplinary Board in the context of disciplinary verifications. The development of internal operational procedures detailing the steps to be undertaken during the investigation and examination phases of disciplinary cases were suggested for the Moldovan disciplinary boards. In addition, the Council of Europe experts discussed with the participants possible guidelines detailing the reason for disciplinary liability of judges. Additional support in the development of similar internal acts was requested by the Moldovan counterparts.
This activity was organized within the framework of the project “Action against corruption in the Republic of Moldova”, funded by the Bureau of International Narcotics and Law Enforcement Affairs (INL) of the US Department of State and implemented by the Council of Europe.