Draft legislation on Moldovan prison system: closed conference in Chișinău

Closed conference of the working group with IRZ expert Dr. Arne Wieben (head of table on the right), Director of the Bremervörde penal institution
Closed conference of the working group with IRZ expert Dr. Arne Wieben (head of table on the right), Director of the Bremervörde penal institution
Moldova

From 13 to 15 May 2019, the IRZ’s advisory process on the draft legislation for the new Moldovan law on the prison system was continued in a closed conference in Chișinău.

The working group, made up of members of the prison service and led by the head of the legal department at the Moldovan prison service, Alexandru Crudu, was able to finalize the draft legislation. Dr. Arne Wieben, Director of the Bremervörde penal institution, gave his expert opinion on the draft legislation. The IRZ expert’s recommendations and suggestions for the wording were included in the draft.

The individual articles of sections 1 to 12 (Art. 195 - 257/49 and 303 - 310) were revised during the closed conference. The areas “prisoner employment” and “preparation for release/relaxing imprisonment conditions” were also discussed and included in the draft legislation. Thus, it was possible to delete the section on “incentive measures” from the draft legislation which dates back to Soviet times.

Following on from the presentation of a strategy paper from the Moldovan Ministry of Justice on the reform of the prison system between 2016 and 2020 the IRZ is advising the Ministry of Justice in Moldova on improvements of the prison system. The IRZ will continue to offer advice to the Moldovan MPs during their committee work, if required, as soon as the draft legislation is introduced into Parliament.

Second training session in Chișinău on implementing the Moldovan Administrative Code

At the table: Tatiana Vieru, Vice-President of the Supreme Court; Nicolai Falâ, a member of the scientific advisory council to the Supreme Court; Gheorghe Mîţu, a judge at the Local Court of Chişinău; Georg Schmidt, President of the Administrative Court of Trier (from left to right)
At the table: Tatiana Vieru, Vice-President of the Supreme Court; Nicolai Falâ, a member of the scientific advisory council to the Supreme Court; Gheorghe Mîţu, a judge at the Local Court of Chişinău; Georg Schmidt, President of the Administrative Court of Trier (from left to right)
Moldova

In cooperation with the Supreme Court, the Moldovan Association of Judges and the Ministry of Justice, the IRZ organised a training session on 6 and 7 December 2018 on the implementation of the approved Administrative Code, which is due to enter into force on 1 April 2019.

The Administrative Code was described by the Moldovan partners as a great achievement for the entire justice system in Moldova. The key role of administrative jurisdiction, which makes an essential contribution to legal certainty, has therefore once again been made very clear.

The training session was led by IRZ expert Georg Schmidt, President of the Administrative Court of Trier. Georg Schmidt specifically mentioned that the Republic of Moldova has made a major step in the direction of a functioning constitutional state with the approval of the new administrative law. Following a short presentation of the approved Administrative Code, the administrative act as a central feature of the administrative process, along with its enactment, validity, retraction and revocation, were discussed using practical examples.

More than 120 judges, officials from local and central authorities, delegates and representatives of civil society, including lawyers, took an active part in the seminar.

The training measures are set to continue next year.

Closed conference and expert discussions on advising on the new draft legislation for Moldovan law enforcement

Opening of the closed conference: Alexandru Crudu, Head of the department of legal affairs at the prison service; Dr. Arne Wieben, Director of the Bremervörde penal institution; Silvia Sibyll Hawliczek, Prison Director at the young offenders’ institution in Berlin (from left to right)
Opening of the closed conference: Alexandru Crudu, Head of the department of legal affairs at the prison service; Dr. Arne Wieben, Director of the Bremervörde penal institution; Silvia Sibyll Hawliczek, Prison Director at the young offenders’ institution in Berlin (from left to right)
Moldova

From 26 to 28 November 2018, the IRZ in cooperation with the Moldovan Ministry of Justice, organised a closed conference with expert discussions on advising on the new draft legislation for Moldovan law enforcement in Chișinău.

Following on from the presentation of a strategy paper from the Moldovan Ministry of Justice on the reform of the prison system between 2016 and 2020, the IRZ is advising the Ministry of Justice in Moldova on the reform of law enforcement.

During the closed conference, the working group made up of members of the prison service, which was led by the head of the legal department at the prison service, Alexandru Crudu, worked together on producing the draft legislation. IRZ experts Silvia Sibyll Hawliczek, Prison Director at the young offenders’ institution in Berlin, and Dr. Arne Wieben, Director of the Bremervörde penal institution, were able to provide important momentum with their ideas for the draft legislation and therefore had a positive effect on the legislation process. During the expert discussions, important topics such as the requirement for an admissions department and the establishment of the type of accommodation were discussed with the participants.

There will be efforts to continue the consultancy process on the new draft legislation next year.