Länderbericht Moldau 2014

Advisory activities on the fight against corruption in Moldova: Dorin Recean, Minister of the Interior of the Republic of Moldova; Dr Stefan Hülshörster, IRZ; Wolf-Tilman Baumert, Senior public prosecutor at Wuppertal Public Prosecution Office (left to right)

Strategic framework

Legal policy starting point

The Republic of Moldova signed the Association Agreement with the European Union in Brussels on 27 June 2014. This is a major step towards the country’s further political and economic approximation to the EU. It is to be hoped that this will lead to fresh impetus and that the country can consistently continue on the path towards reform on which it embarked years ago.

Parliamentary elections were held in the Republic of Moldova at the end of November 2014 which meant that the country had to decide which course it would take in future – a pro European reform course or approximation to Russia. It now remains to be seen after the elections, in which a slight majority came out in favour of the pro-European coalition, whether this will prove once more to be a motivating factor towards a real, serious process to reform the legal and judicial systems.

Overall concept

Cooperation with the partner institutions in the Republic of Moldova has always been intensive and effective. The IRZ continues to support the Republic of Moldova on the path that it has undertaken towards comprehensive judicial reform, considerable scope being allotted to questions related to guaranteeing the independence of the judiciary, the reform of the public prosecution system and judicial further training.

A clear focus of the IRZ has furthermore been placed for a long time on the field of administrative procedure law and the law of administrative proceedings. For several years, the IRZ has been supporting the drafting of an Administrative Code (Administrative Procedure Act and Administrative Courts Code). Along with this legislation consultation, relevant further training courses are regularly held for future administrative court judges. If the modernisation of civil law and of the law on notaries is continued, the IRZ will also be continuing as far as possible the cooperation that has already begun in this field.

Foci of activity in 2014

Constitutional law / human rights and their enforceability

  • Conference in Chisinau entitled “The Constitutional Court and the protection of the state based on rule of law”

Civil and commercial law

  • Further training seminar in Chisinau for judges on relational technique and judgment-writing technique

Administration of justice

  • Consultation, specialist discussions and expert report on the reform of the law on notaries
  • Specialist discussion in Chisinau on e-notary services
  • Attendance by four representatives from the Republic of Moldova at the conference in Yerevan (Armenia) entitled “Position of the judge and independence of judges” by the Judges’ Association
  • Seminars in Chisinau on methods of further training (training for trainers, basic and advanced training course)
  • Study visit to Berlin by Moldovan lawyers on the law on lawyers
  • Seminar in Chisinau for young Moldovan lawyers on the law on lawyers
  • Working visit to Aurich by a Moldovan delegation on the topic of judges’ disciplinary law
  • Project to Support the Coordination of Justice Sector Reform in Moldova (EU service contract)

Public law

  • Public consultation in Chisinau with a hearing on the Moldovan draft of the Administrative Code
  • Further training seminar in Chisinau for judges on the administrative courts

Criminal law and the law on the prison system

  • Publication of a manual for public prosecutors of the Republic of Moldova
  • Working visit to Düsseldorf and Wuppertal by a delegation of the Ministry of the Interior of the Republic of Moldova on the fight against corruption
  • Consultation visit to Chisinau by German experts on the fight against corruption
  • Further training seminar for judges entitled “Working methods of a criminal court judge” in Chisinau
  • Further training for representatives of the Moldovan prison system in Chisinau
  • Project to Support the Pre-Trial Investigation, Prosecution and the Defence Set-Up in Moldova (EU service contract)

Basic and further training

  • Providing an introduction to German and European law at the State University of the Republic of Moldova
  • Attendance by young lawyers at the IRZ “German law” summer school in Bonn and Brühl

Outlook

The IRZ will continue its cooperation with the Moldovan partners in 2015. New foci of reform will need to be discussed with the new Parliament and the Ministry of Justice. The question of introducing separate administrative courts, as well as the reform of the judiciary and the public prosecution system, should still be addressed. It is planned to offer practice-orientated further training, in particular for civil and criminal court judges. The following topics will be the focus here, amongst others: relational technique and judgment-writing technique as well as teaching methodology for trainers. This further training is to help establish an independent judiciary based on the rule of law and to increase the efficiency and consistency of
the case-law. Also in 2015, the IRZ would like to offer further training for notaries, as well as for lawyers.