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.

Second closed conference held in Bonn on the Moldovan Administrative Code

Members of the Moldovan delegation during the closed conference in the IRZ offices with Georg Schmidt (at the back on the left), President of the Administrative Court of Trier
Members of the Moldovan delegation during the closed conference in the IRZ offices with Georg Schmidt (at the back on the left), President of the Administrative Court of Trier

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.

Event to celebrate the conclusion of the EU project “Support to the Constitutional Court of Moldova”

The President of the Constitutional Court of Moldova, Tudor Panțîru, during his speech
The President of the Constitutional Court of Moldova, Tudor Panțîru, during his speech

After a period of 19 months, the EU-financed Technical Assistance project Support to the Constitutional Court of Moldova was officially brought to a close on 22 September 2017.

The Constitutional Court of Moldova and the EU delegation opened the Steering Committee Meeting by approving the fourth project team report. It was unanimously agreed that the IRZ team had done an excellent job and that all the intended results had been achieved.

Following the formal meeting, a reception was held at the Constitutional Court by invitation of the project office. All employees of the Constitutional Court were invited and they attended in large numbers to say goodbye to the project team.

The President of the Constitutional Court, Tudor Panțîru, made clear in his speech how satisfied he was with the partnership with international experts from the IRZ.

Team leader Volkmar Theobald and project manager Teresa Thalhammer, as well as the project manager responsible for the EU delegation, Victoria Neaga, and the Moldovan Deputy Minister of Justice, Eduard Serbenco, all underlined the intensive and effective partnership in their speeches.

To the delight of all those involved, the Ambassador Extraordinary and Plenipotentiary of Germany, Dr. Julia Monar, also took the opportunity to visit the event to find out about the implementation of the project.

 

Funded by the European Union