- Published: June 1, 2017
Legal Policy Starting Point
Germany is an important partner for the Republic of Moldova on its course towards Europe. In spite of continuing disputes about the right path, the Association Agreement with the EU has entered into force and could supply further impetus for legal reforms. Consultations carried out by the IRZ in the Republic of Moldova since 2005 to support the transformation and the reforms of the law and the judiciary are also highly valued in spite of all controversial domestic discussions and approaches to solutions, because German substantive law and procedural law have a role model function, particularly in the countries of the former Soviet Union. The legal policy discussion in the reporting year was influenced by criminal proceedings against the former Prime Minister and the election of the State President scheduled for the end of October 2016, who will henceforth once again be directly elected on the basis of a judgment from the Constitutional Court in the spring of 2016. In addition, other important topics in focus in the reporting year were the passing of a new statute on the Public Prosecutor’s Office and the consequent restructuring of the Moldovan Public Prosecutor’s Office. Last but not least, imponderables in connection with the long-delayed replacement appointment to the office of the Public Prosecutor General came into focus.
In the reporting year, work was once again carried out with the support of grants from the German Federal Ministry of Justice and Consumer Protection and project funds from the German Federal Foreign Office. The IRZ’s efforts, which have partly continued for years, have for instance been considerably intensified for the spheres of constitutional court jurisdiction, judicial reform and the Public Prosecutor’s Office by three projects financed by the EU.
One clear focus in 2016 was on cooperation with the judicial institutions with regard to practice-oriented further training for civil judges and criminal judges. Although an Administrative Code has still not been passed in spite of preliminary work over many years which has received specialist support from the IRZ, a draft of this Code has at least been introduced into Parliament. It remains to be seen whether and when this will be passed. Preparation of future administrative judges has nevertheless begun by further training in various spheres of administrative law and procedural law in advance of their new tasks. Even if an Administrative Code were not passed in the foreseeable future, administrative court proceedings will increase in future in the Republic of Moldova.
The IRZ also commenced consultations on the reformation of the criminal procedure law in particular at the special request of the Deputy Minister of Justice of the Republic of Moldova.
Last but not least, there was also great continued interest in the supplementary studies on the introduction to German law with its European references, which were started in 2014, in cooperation with the Faculty of Law at the State University in the reporting year.
Foci of Activity 2016
Constitutional Law / Human Rights and their Enforceability
- Specialist discussions in Chişinău at the Constitutional Court of the Republic of Moldova on judicial review
- Constitutional law conference in Chişinău on the topic “The role of the Constitutional Court in resolving constitutional law crises” Civil and Commercial Law
- Research visit by a scholarship student of the supplementary studies course at the University of Bonn focusing on corporate and cartel law
- Participation by a German expert at the conference in Chişinău on the topic of “Employment law jurisdiction” in cooperation with the Friedrich Ebert Foundation
- Two further training seminars in Chişinău for judges on “Relational technique and judgment-writing technique in civil law”
- Moot court in Chişinău on the topic “Civil procedure law maxims and the course of proceedings in civil procedure”
- Cooperation in the conference in Chişinău at the State University of Moldova on international private law
Administration of Justice
- Opening speech by the Deputy Minister of Justice Anatolie Munteanu (2nd from right) at the seminar “Cooperation of the criminal prosecution bodies and improvement in the effectiveness of criminal prosecution” in Chișinău
- Expert report on the draft of the Moldovan Lawyers’ Code of Ethics and specialist discussions on the ethics of lawyers in Chişinău
- Working visit in Trier, Cologne and Recklinghausen by the Moldovan National Institute of Justice for basic and further training of lawyers, in particular judges
- Conference of the Judges’ Associations in Chişinău
- Advice on the Chamber of Notaries‘ system in Chişinău
- Contribution to the conference in Kiev on the topic “Further development of the law” at the Supreme Court of the Ukraine
- Two further training courses on administrative law in Chişinău
- Convention in Trier on the Moldovan Administrative Code (Code of Administrative Court Procedure and Administrative Procedures Act) in Trier
- Practice-oriented exchange of experience for future Moldovan administrative judges in Bonn, Koblenz and Brühl
Criminal Law and Penitentiary Law
- Specialist discussions at the Ministry of Justice of the Republic of Moldova in the course of consultations on draft legislation on the liability of colleague organs in Chişinău
- Presentation of a study on alternatives to investigative custody in cooperation with the Soros Foundation in Chişinău
- Specialist discussions on the topic of compliance with the national Moldovan anti-corruption authority in Chişinău
- Seminar on the topic of ascertaining findings of fact and evaluating evidence in criminal proceedings in Chişinău
- Seminar in Chişinău on the topic “Cooperation in criminal prosecution”
- Consultation on the reform of the Code of Criminal Procedure and the Public Prosecutor’s Office in the course of specialist discussions and legal impact assessment
- Seminar in Chişinău on “Working methods of a criminal court judge”
- Moot court in Chişinău on the topic “Criminal law procedure maxims and the course of proceedings in criminal procedure”
- Specialist discussions and further training for representatives of the criminal prosecution organs focusing on “The repressive fight against corruption” in Chişinău
Basic and Further Training
- Supplementary studies providing an introduction to German and European law at the State University of the Republic of Moldova
- Two seminars on method technique: ”Train the trainers” (basic and advanced course) in Chişinău
- Participation by a student at the Summer School on Intellectual Property at the University of Bonn
- German course in Chişinău for representatives of the National Anti-Corruption Authority
- Participation by young lawyers at the sixth IRZ “German law” summer school in Brühl and Bonn
- EU Service Contract: Support to the Constitutional Court of Moldova
- EU Service Contract: Support to the Pre-Trial Investigation, Prosecution and the Defence Set-Up in Moldova
- EU Service Contract: Support the Coordination of Justice Sector Reform in Moldova
The entire sphere of further training for judges will continue to play an important role in the cooperation with the Republic of Moldova in future. There is still a great requirement for action and further training in the technique and structure of the work of judges. At the express request of the Deputy Minister of Justice, consultations on the reform of criminal procedure law will probably receive greater attention in future. If Parliament passes the draft of an Administrative Code, the IRZ will also continue consultations on this and cooperate in its implementation. Legislative consultation on other individual reform projects will continue to form the focus of attention, together with the issues of legislative technique and legislative impact assessment already dealt with in the past. The cooperation in the sphere of the precautionary administration of justice, in particular with notaries and lawyers, will be continued. The study course on the introduction to German law at the State University has been very well received by the Faculty of Law and students alike, and will also be continued.
Download the entire IRZ annual report in PDF format here: annual report 2016.