Round Table in Chişinău on initiating and guiding criminal proceedings and on the distribution of responsibilities

Two participants in the expert discussion with Uwe Stark (1st row, 2nd from left), Judge at the Local Court of Siegen, Grigore Moga (1st row, 3rd from left), Head of the Main Investigation Authority, Walter Selter (on his right), former Public Prosecutor General, Hans-Dieter Hilken (2nd row, in the middle), former Head of Criminal Investigations
Participants in the expert discussion with Uwe Stark (1st row, 2nd from left), Judge at the Local Court of Siegen, Grigore Moga (1st row, 3rd from left), Head of the Main Investigation Authority, Walter Selter (on his right), former Public Prosecutor General, Hans-Dieter Hilken (2nd row, in the middle), former Head of Criminal Investigations

On 4 and 5 December 2017 the IRZ, the National Institute of Justice (NIJ), the Association of Judges of the Republic of Moldova and the Supreme Court of the Republic of Moldova jointly organised an expert discussion among representatives of the police, the public prosecutor’s office and the judiciary.

The topics of this expert discussion were on the one hand the legal framework conditions for carrying out public meetings and the principles laid down in the constitution to guarantee the fundamental right of freedom of association as well as its significance for a democratic community.

On the other hand, an intensive exchange of experience took place on the possibilities which the police and the law enforcement authorities have to ensure that demonstrations are carried out peacefully and to prevent violence in advance as well as to respond effectively to violent attacks and criminal offences committed among the crowd of demonstrators, identify the troublemakers or offenders and process the case to prosecution.

Therefore, not only police deployment and de-escalation strategies were presented, but also the procedure for preventive police measures and repressive detention measures, the requirements for criminal prosecution and the cooperation between the police, the public prosecutor's offices, the courts and the media.

The German experts participating on behalf of the IRZ were Walter Selter, former Public Prosecutor General; Hans-Dieter Hilken, former Head of Criminal Investigations, and Uwe Stark, Judge at the Local Court of Siegen.

Moldova: Criminal Law Moot Court on “Criminal law process maxims and criminal procedures”

Boris Talpã, judge and head of the Legal Advice Centre at the National Institute of Justice; Vlad Clima, a judge at the Court of Appeal in Chişinău and a member of the board of the Moldovan Association of Judges; Ellen Hahne, IRZ; Stefanie Wulff, Presiding Judge at the Regional Court of Bremen; Dr. Silke Noltensmeier, a public prosecutor at the Public Prosecutor's Office in Bremen; Prof. Dr. Jan Bockemühl, a lawyer/specialist lawyer in criminal law from Regensburg (from left to right)
Boris Talpã, judge and head of the Legal Advice Centre at the National Institute of Justice; Vlad Clima, a judge at the Court of Appeal in Chişinău and a member of the board of the Moldovan Association of Judges; Ellen Hahne, IRZ; Stefanie Wulff, Presiding Judge at the Regional Court of Bremen; Dr. Silke Noltensmeier, a public prosecutor at the Public Prosecutor's Office in Bremen; Prof. Dr. Jan Bockemühl, a lawyer/specialist lawyer in criminal law from Regensburg (from left to right)

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.

Round table discussion in Chişinău on the Administrative Code

Georg Schmidt, President of the Administrative Court of Trier; Dr. Stefan Hülshörster, Director of the IRZ; Klaus Hage, Presiding Judge at the Administrative Court of Minden; Rolf Hüffer, former President of the Higher Administrative Court of Bavaria; MPs of the Parliament of the Republic of Moldova and members of the Committee on Legal Affairs (from left to right)
Georg Schmidt, President of the Administrative Court of Trier; Dr. Stefan Hülshörster, Director of the IRZ; Klaus Hage, Presiding Judge at the Administrative Court of Minden; Rolf Hüffer, former President of the Higher Administrative Court of Bavaria; MPs of the Parliament of the Republic of Moldova and members of the Committee on Legal Affairs (from left to right)

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.