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The pre-vetting phases : the unseen face of justice reform
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ANALYSIS DEMOCRACY AND HUMAN RIGHTS THE PRE-VETTING PHASES: THE UNSEEN FACE OF JUSTICE REFORM Cristina Ciubotaru Constantin Chilian Tedi Dobi February 2025 The study analyses the implementation of the process of extraordinary evaluation of candidates in the self-administration bodies of judges and prosecutors and its impact on the Moldovan judicial system. At the same time, the authors discuss options for judicial reform, as well as mandatory policy elements to enhance the integrity of the judiciary. The extraordinary evaluation process was implemented without amending the Constitution that would have allowed for derogations from fundamental principles and rights. As a result, a dysfunctional, discretionary, procedurally flawed and abusive process was foreshadowed, which undermined the fundamental rights of the candidates and compromised the evaluation process. The way in which the Pre-Vetting Commission has applied its own rules has led to discrimination and a series of contradictions in the situations of different candidates, preventing a fair and transparent evaluation. The legislative changes, which have only favoured the Pre-Vetting Commission, had a negative impact on the candidates rights as the ever-changing rules to their detriment have also meant greater difficulties in defending their integrity.