Judges guilty of a conviction at the ECHR will pay for the damage caused

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Posted by: Mazur Rodica

News / Social

26 Nov. 2020 / 16:00

Judges guilty of a conviction at the ECHR will pay for the damage caused

The Parliament establishes the right of recourse of the state against judges whose actions or inactions have contributed to the conviction of the Republic of Moldova by the European Court of Human Rights (ECHR). In today's plenary session, the deputies approved in the second reading a draft law amending five legislative acts.

According to the draft, the judges will bear material responsibility in proportion to the degree of guilt established in the state's recourse action against them, by which the restitution of the compensations paid by the state is requested. Judges are to be held criminally or disciplinary liable only for cases where their guilt has been established by a final sentence or serious intent or negligence has been established in a disciplinary proceeding.

Prosecutors are also to be sanctioned, according to the legislative initiative. The limitation period for prosecuting the prosecutor for disciplinary offenses shall be one year from the date of irrevocability of the decision of the national or international court, but not later than five years from the date of the offense.

"The ECHR sent to the Parliament of the Republic of Moldova an address in which it underlined the importance and necessity of regulating, in a comprehensive normative framework, the mechanism of application of the institution of regression in the context of the condemnation of the Republic of Moldova by the European Court. Or, the automatic disciplinary liability of the judge only on the basis of a decision of the European Court condemning the state, without proving that the law was intentionally violated by the judge, constitutes an inadmissible interference in the independence of the judge," reads the information note of the project.

The Law on the Status of the Judge, the Civil Code, the Law on the Disciplinary Liability of Judges, the Law on the Government Agent and the Law on the Prosecutor's Office have been amended and supplemented.

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