Länderbericht Moldau 2015International conference at the Constitutional Court of the Republic of Moldova on the topic of “The relationship between a Constitutional Court and other bodies of state power” in Chişinău with Alexandru Tănase, President of the Constitutional Court of the Republic of Moldova (2nd from right)

Strategic framework

Legal policy starting point

After signing the Association Agreement with the European Union in June 2014, and the parliamentary elections in November of the same year, in which the pro-European parties obtained a majority of the votes, a foundation had been created for continuing the course of reforms in 2015. Having said that, the country was considerably shaken in May of this year by a large-scale banking scandal. The domestic political unrest, with protests among the population, led at the end of October to the Government being overthrown by a parliamentary vote of no-confidence. The further political development is difficult to assess. It will also be necessary here to await the outcome of the presidential elections in 2016.

The overall situation also makes the reforms in the legal and judicial fields difficult. It clearly shows how important it is to work out safe legal foundations which correspond to European legal standards. What is more, however, there is also a need to pay particular attention to implementing and applying the laws in a manner that is in conformity with the law.

Overall concept

Cooperation between the IRZ and its partner institutions in the Republic of Moldova went according to plan and was successful despite the abovementioned domestic political difficulties. Quite a number of the joint measures were implemented in the "Promotion of the rule of law in Moldova" project that was funded by the Federal Foreign Office. The project defines two main points: cooperation with the members of the judiciary and with judicial institutions, as well as support in establishing administrative courts. On the first focus, the IRZ implemented further training courses for members of the judiciary in civil and criminal law. The measures of the second focal point concentrated on continuing the consultation on the Moldovan Administrative Code, the drafting of which the IRZ has been supporting with expert assistance for several years. The draft is now to be introduced to Parliament.

Aiming to strengthen the rule of law, as well as cooperation between civil society and the judiciary, the IRZ continued to place a further focus this year on the consultation on the law on notaries and lawyers, by means of which it promoted young members of both professions.

Supplementary studies on the introduction to German law, which were taken up in cooperation with the State University of Moldova in 2014, were successfully continued this year.

Foci of activity in 2015

Constitutional law / human rights and their enforceability

  • Attendance by Moldovan Members of Parliament at the IV International Conference of Parliamentary Committees on Legal Affairs in Berlin
  • International conference at the Constitutional Court of the Republic of Moldova in Chişinău on the topic of "Relations of the Constutional Court with other public authorities"
  • Expert report on the draft of the Code of Ethics for Parliamentarians

Civil and commercial law

  • Attendance by a representative of the Competition Authority of the Republic of Moldova at the 17th International Cartel Conference in Berlin
  • Two judges' seminars in Chişinău with the National Institute of Justice on the topic of "Relational technique and judgment-writing technique in civil law"

Administration of justice

  • Specialist discussions in Chişinău on the topic of selection of judges and judges' disciplinary law
  • Expert report on the Moldovan draft Act on Judicial Disciplinary Law
  • Seminar in Chişinău for Moldovan lawyers on the topics of professional law and professional ethics, lawyers' liability and the role of criminal defence counsel
  • Working visit to Berlin by Moldovan lawyers on the law on the legal profession
  • Specialist discussions in Chişinău for Moldovan notaries on the topics of e-notary practice, professional ethics, notary practice, self-government of notaries
  • Development of e-learning modules

Public law

  • Further training seminar in Chişinău for judges on the topic of administrative and electoral law
  • Conference of the Judges' Associations in Chişinău on the topic of administrative court system with the Supreme Court of the Republic of Moldova
  • Seminar in Chişinău on the topic of administrative and asylum law
  • Consultation in Chişinău on the Moldovan Administrative Code (Code of Administrative Court Procedure and Administrative Procedures Act)
  • Practically-orientated exchange of experience in Munich for future Moldovan administrative court judges

Penitentiary Law

  • Further training seminar in Chişinău for judges on the topic of "Working methods of a criminal court judge"
  • Seminar in Chişinău on the topic of "Ascertaining facts and evaluating evidence in criminal proceedings"
  • Joint project of the IRZ and the Soros Foundation Moldova on the topic of "Investigation proceedings in the Republic of Moldova", in Chişinău and Bonn
  • Further training for representatives of the Moldovan prison system in Chişinău
  • Symposium in Chişinău on anti-corruption methods in the judiciary
  • Continuation of the work on the manual for public prosecutors in the context of a two-day workshop on the topic of economic crime and on general questions related to criminal procedure law 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
  • Attendance by young lawyers at the fifth IRZ "German law" summer school in Brühl and Bonn
  • Attendance by a representative of the public prosecution office at the "German for legal experts" language course in Bonn

EU project

  • Support of Pre-Trial Investigation, Prosecution and the Defence Set-up

Outlook

Further training courses for members of the judiciary, lawyers and notaries, and consultation on the creation of administrative courts, will continue to form the focus of cooperation with the Republic of Moldova in 2016. It is planned here that the further training activities for legal practitioners are to become even more practice orientated. In the field of legislation consultation, the IRZ wishes furthermore to commence drawing up expert reports on the draft of the Moldovan Authentication Act and of the Moldovan Code of Criminal Procedure. It will be necessary to observe the development of the political situation, which is vital in order to set further foci and for the exchange of expertise with the partners concerning the reforms.