POSITION PAPER on the draft Regulation on the organization and functioning of the Qualification Commission, the procedure for conducting the qualification examination for judicial experts, and the procedure for contesting the results of the qualification examination
24 February 2026
AUTHOR: Angela POPIL, Lawyer and Member of the Justice Expert Group (JEG)
Reviewed by: Adrian ERMURACHI, Co-Director IPRE
SUMMARY
This Opinion is prepared in a response to the request of the Ministry of Justice of the Republic of Moldova expressed by letter no. 05/2-1395 of 10 February 2026, also addressed to the Institute for European Policies and Reforms.
The opinion is expressed on the draft Government Decision on the approval of the Regulation on the organization and functioning of the Qualification Commission, the procedure for conducting the qualification exam of judicial experts and the manner of challenging the results of the qualification exam, as well as the amendment of some Government decisions.
Through the analysed draft decision, the authors aim to implement the provisions of Law no. 68/2016 on judicial expertise and the status of the judicial expert, as amended by Law no. 191/2025 to amend some normative acts.
According to the explanatory note, this draft Government decision approves the new regulation on the organization and functioning of the Commission for the qualification of judicial experts and the procedure for organizing and conducting the qualification examination for judicial experts, including the mechanism and procedure for challenging the results of the qualification exam, taking into account the provisions of art. 43 para. (7) of Law no. 68/2016 on judicial expertise and the status of the judicial expert .
From the perspective of the authors of this opinion, the draft regulation to be approved by the Government reflects the purpose stated in the explanatory note, which is meant to ensure the subsequent normative framework necessary for the legal conduct of the qualification examinations of judicial experts.
The draft regulation envisages and implements the provisions of Law no. 68/2016 on judicial expertise and the status of judicial experts (hereinafter – Law no. 68/2016) with reference to the competence of public institutions of judicial expertise to organize and conduct qualification examinations for judicial experts, regulating the manner of creation of qualification commissions, the competence of these commissions and the main procedures regarding their activity.
The Regulation determines the procedure for organizing and conducting the qualification exams, establishing concrete deadlines within which the candidates are to submit the files for participation in the qualification exam, the documents that must be submitted, establishes the deadlines for examining these files and the precise manner of conducting the qualification exam.
The analysis of the draft regulation proposed for approval shows that it requires improvements and rectifications so that this normative act is efficient and balanced, and the regulated procedures do not exceed the limits established by the law under which it is drafted.
Key recommendations:
- Compliance with the limits established by Law no. 68/2016 on judicial expertise and the status of the judicial expert.
- Clarification of the institutional competences of the Qualification Commission, the Appeals Commission, the public institution of judicial expertise and the Ministry of Justice.
- Review of the composition and governance of the Qualification Commission.
- Improving the structure and coherence of the qualification examination procedure.
- Clarification of the mechanism for contesting the results of the qualification exam.
- Compliance with the principles of legality and transparency.
This position paper was prepared within the project “Ensuring the Integrity, Efficiency, and Independence of the Justice System in Moldova – #Justice4Moldova,” implemented by the Institute for European Policies and Reforms (IPRE) in partnership with the Institute for War and Peace Reporting (IWPR), funded by the European Union and co-financed by the Soros Foundation Moldova. The content of this study is the sole responsibility of the author and cannot, under any circumstances, be considered as representing the official position of the European Union, or the Soros Foundation Moldova.
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