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On 2 and 3 November 2017, the IRZ in partnership with the National Institute of Justice of the Republic of Moldova and the Moldovan Association of Judges, organised a second Criminal Law Moot Court in Chişinău.
The objective of the two-day Moot Court seminar was to provide the opportunity for an intense, practice-oriented exchange on how criminal proceedings work, which was enhanced still further thanks to interaction through role play. The focus of the seminar was on appraising evidence.
There were a total of 52 participants, most of whom were judges, but there were also many public prosecutors, lawyers and a few investigators. The seminar was opened by Vlad Clima, a judge at the Court of Appeal in Chişinău and a member of the board of the Moldovan Association of Judges, as well as by Boris Talpã, a judge and head of the Legal Advice Centre at the National Institute of Justice.
The experts taking part in the Moot Court were Stefanie Wulff, Presiding Judge at the Regional Court of Bremen, Dr. Silke Noltensmeier, a public prosecutor at the Public Prosecutor's Office in Bremen, and Prof. Dr. Jan Bockemühl, a lawyer/specialist lawyer in criminal law from Regensburg.
Following an introductory lecture on the role of judges, public prosecutors and lawyers in criminal proceedings in Germany, participants were shown how criminal proceedings work, using a case with a German solution. The subsequent lively discussions and exchanges on the differences and similarities between the German and Moldovan systems were continued on the second day of the seminar with a mock procedure using a different case with a Moldovan solution. The participants benefited a great deal from the opportunity to exchange views with experienced practitioners.
A continuation of the Moot Court is planned for next year, following the extremely positive feedback from the participants and in view of the great demand for learning about the different approaches within the German system.
The IRZ is supporting the Republic of Moldova intensively with its plans to introduce an Administrative Code. As part of this support, a round table discussion took place in Chişinău on 23 October 2017 with the Moldavian Parliamentary Committee on Legal Affairs. The Administrative Code is being prepared for a second reading in parliament.
Expert discussions have already been held in March and September of this year on the revision of the Moldavian Administrative Code, with professional support provided by German experts. Since then, the drafts of the General Section and the Administrative Procedure Act section have already been prepared. Following the second closed conference in Bonn, expert discussions were held with the Moldavian Parliamentary Committee on Legal Affairs in Chişinău on 23 October 2017. These talks with the decision-makers shortly before the second reading in parliament served to enhance understanding of the Administrative Code and strongly accelerate the approval process.
The discussions were moderated by Raisa Apolschii, President of the Parliamentary Committee on Legal Affairs for the Republic of Moldova. From the German side, the following people took part in the discussions:
Rolf Hüffer, former President of the Higher Administrative Court of Bavaria,
Georg Schmidt, President of the Administrative Court of Trier,
Klaus Hage, Presiding Judge at the Administrative Court of Minden,
Dr. Stefan Hülshörster, Director of the IRZ and
Banu Ertürk, IRZ Project Manager.
Igor Vremea, a representative of the Parliament of the Republic of Moldova and a member of the working group on the Administrative Code, described the plans as a legal amendment at national level, which should help to standardise administrative conditions. The approval of an Administrative Code in Moldova should make government actions more effective. Administrative jurisdiction plays an important role, not only for the legal protection of citizens, but also for officials bound to act in accordance with the rule of law within the framework of internal procedures.
The next step in this series of events will be a third closed conference to be held on 25 November 2017 in Minden. From the German side, Klaus Hage, Presiding Judge at the Administrative Court of Minden, will play a leading role in making further changes to the draft Administrative Procedure Code with the Moldavian delegation so that it is ready for approval.
Following the round table discussions, Dr. Stefan Hülshörster and Banu Ertürk had another meeting with Ambassador Dr. Julia Monar, who has been in office since the middle of the year, to talk about forthcoming measures to be taken by the IRZ in the Republic of Moldova.
Further talks were held with the Deputy Minister of Justice for the Republic of Moldova, Anatolie Munteanu, to discuss the continuation of the cooperation between the IRZ and the Republic of Moldova in 2018.
To conclude the visit to Moldova, as in previous years, representatives of the IRZ presented certificates to those who had successfully participated in the supplementary course on German law, which the IRZ organises with the cooperation of the State University in Chişinău.
From 23 to 25 September 2017, the second closed conference on the Administrative Code for Moldova was held by invitation of the IRZ in Bonn. Under the leadership of Raisa Apolschii, President of the Parliamentary Committee on Legal Affairs for the Republic of Moldova, the delegation visited Bonn to finalise the revised version of the Moldovan Administrative Code, before it is presented for a second reading at the end of the year.
Together with the President of the Administrative Court of Trier, Georg Schmidt, the delegates worked on the final version of the Administrative Code. During their brief but intense visit, they concentrated on formulating the particularly complex passages, always with regard to the legal particularities of the Republic of Moldova.
The delegation welcomed the support of Georg Schmidt as very target-oriented and enriching. The focus of the meeting was on the part of the Code that concerns administrative court proceedings. The passages on administrative procedural law had already been attended to during a previous closed conference in Germany (see below).
There is currently no independent administrative jurisdiction in the Republic of Moldova and so administrative affairs are handled by civil courts. The IRZ has been supporting the Republic of Moldova since 2008 with its plans to develop an Administrative Code. At that time, the desire for cooperation in terms of administrative jurisdiction was declared by the Ministry of Justice, the Supreme Court, the Supreme Judicial Council and the National Institute of Justice in the Republic of Moldova. Then as now, the Moldovan partners are hoping that a more clearly regulated administrative justice system will help to improve the protection of its citizens’ rights and fundamental freedoms. The long process, which has also involved taking the experiences of local judges into account, has now reached its final stages.
A closed conference on the Moldovan Administrative Code was held in Hanover in March this year, also under the leadership of Raisa Apolschii and with the participation of Klaus Hage, a judge at the Administrative Court of Minden. Together with Klaus Hage, books 1 and 2 of the Moldovan Administrative Code, which deal with administrative procedural law, were revised during this meeting.
On 23 October 2017, a round table discussion with other members of the Moldovan Parliamentary Committee on Legal Affairs will be held as a follow-up event. The new changes will be discussed with German experts at this meeting.
Delegation leader Raisa Apolschii was very satisfied with the results of the conference and is hoping to bring the project to a successful conclusion in the near future and continue working in partnership with the IRZ.