Summer School and Moot Court on Constitutional Law in Moldova

Participants in the Summer School in Moldova

Participants in the Summer School in Moldova

As part of the EU-financed Technical Assistance project “Support to the Constitutional Court of Moldova”, a Summer School was held for the first time from 20 to 22 June 2017 in Vadul lui Vodă. The course on “Constitutional jurisdiction – effective remedy for human rights protection” was open to law students from all over the country. This event was organised and managed by the IRZ project office with the involvement of the Constitutional Court of Moldova.

Members of the Constitutional Court of Moldova and a former president and current presidents of the Constitutional Courts of Moldova, Georgia and Lithuania gave lectures and held discussions with local and international experts. Cases from the Constitutional Court of Moldova and the European Court of Human Rights were discussed. References were made in particular to freedom of speech and respect for private and family life.

The Summer School was part of the “Moot Court” held on 19 and 23 June 2017 at the Constitutional Court of Moldova. It was the first time a competition of this kind, in which students from eight universities took part, had been held at the Constitutional Court of Moldova. The participants had the opportunity to put their academic knowledge to the test in mock trials and to practise their skills as future lawyers before the Constitutional Court.

 

Funded by the European Union

 

Deputy Minister of Justice for the Republic of Moldova on a study visit to learn about issues concerning the reform of Moldovan criminal procedural law

  • Margarete Countess of Schwerin, President of the Higher Regional Court of Cologne; Judge at the Higher Hegional Court Dirk Schreiner; Judge at the Higher Regional Court Dr. Oliver Mertens; Aliona Bleah, IRZ representative in Chişinău; Anatolie Munteanu, Deputy Minister of Justice for the Republic of Moldova (from left to right)

    Margarete Countess of Schwerin, President of the Higher Regional Court of Cologne; Judge at the Higher Hegional Court Dirk Schreiner; Judge at the Higher Regional Court Dr. Oliver Mertens; Aliona Bleah, IRZ representative in Chişinău; Anatolie Munteanu, Deputy Minister of Justice for the Republic of Moldova (from left to right)

  • Aliona Bleah, IRZ representative in Chişinău; Anatolie Munteanu, Deputy Minister of Justice for the Republic of Moldova; Grigore Moga, Ministry of Internal Affairs for the Republic of Moldova, Head of the general law enforcement division; Constantin Tănase, lawyer and member of the board of the Moldovan Bar Association; Ghenadie Nicolaev, a judge at the Supreme Court, criminal division, during the closing discussions in the IRZ meeting rooms (from left to right)

    Aliona Bleah, IRZ representative in Chişinău; Anatolie Munteanu, Deputy Minister of Justice for the Republic of Moldova; Grigore Moga, Ministry of Internal Affairs for the Republic of Moldova, Head of the general law enforcement division; Constantin Tănase, lawyer and member of the board of the Moldovan Bar Association; Ghenadie Nicolaev, a judge at the Supreme Court, criminal division, during the closing discussions in the IRZ meeting rooms (from left to right)

  • The delegation during talks with the Managing Director of the IRZ, Veronika Keller-Engels, Dr. Stefan Hülshörster, Director of the IRZ, and Alexander Fühling, a judge at the Local Court of Bonn

    The delegation during talks with the Managing Director of the IRZ, Veronika Keller-Engels, Dr. Stefan Hülshörster, Director of the IRZ, and Alexander Fühling, a judge at the Local Court of Bonn

From 1 to 6 May 2017, the IRZ hosted a practical conference on the planned reform of criminal procedural law and penitentiary law in Moldova for a Moldovan delegation led by the Deputy Minister of Justice, Anatolie Munteanu. The IRZ had been asked the previous year by the Moldovans for assistance and advice with the planned reform.

Following on from several previously held expert discussions, the Moldovan guests, all of whom are part of a work group on the reform of criminal procedure, went to Germany for a study visit. The delegation included representatives of the Ministry of Justice and the Ministry of Internal Affairs, the Public Prosecutor General’s Office, judges from various court levels and two lawyers.

During their working visit, light was shed on various aspects of criminal proceedings and the prison system, which are the subject of reform efforts in Moldova. It is hoped that Moldova will be able to benefit from German experience in these matters. To this end, the delegation attended a court hearing as part of criminal proceedings at the Regional Court of Cologne and discussed the importance of intermediate proceedings and their filter function in criminal proceedings with the Presiding Judge at the Regional Court of Cologne, Dr. Jan Orth.

Furthermore, intense expert discussions on appeal and pre-trial custody took place with Dr. Oliver Mertens, a judge at the Higher Regional Court and Deputy Chairman of the 1st Criminal Division, and Dirk Schreiner, a judge at the Higher Regional Court and member of the 2nd Criminal Division. The delegation also visited two penal institutions, where talks were held with Angelika Syrnik, Director of the Hagen penal institution, and Hans Georg Heine, Deputy Director of the Schwerte penal institution. Special attention was paid here to the establishment of individual enforcement plans and the role played by the Hagen penal institution in the process of introducing these plans.

Measures to make the cooperation between the various parties involved in criminal proceedings easier, simpler and more effective play a major role in the reform of the Moldovan code of procedure.  This meant that the cooperation between the police and public prosecutors during the investigation process was a particular topic of discussion on visits to the Public Prosecutor's Office in Bonn, with Public Prosecutor Stephanie Faßbender, and to the police headquarters in Bonn, with Martin Goebel, Head of Criminal Investigations, Detective Chief Superintendent Dieter Wald and Detective Chief Inspector Ingo Brehm. The role of the defence counsel in German criminal procedural law and its relationship with investigating authorities was also a particular topic of conversation at the Kretschmer & Schurz law firm.

A final set of expert discussions held at the Bonn head office of the IRZ with Alexander Fühling, a judge at the Local Court of Bonn, and with the additional contribution of a police representative and a representative from the Public Prosecutor’s Office, presented the opportunity to answer any remaining questions.

Finally, the Moldovan guests were able to sum up the knowledge they had gained, which should provide them with inspiration for the ongoing work on the criminal procedural code. At the express request of the Ministry of Justice of Moldova, the IRZ is happy to continue supporting the reform process.

Legal basic and further training: Delegation from Moldova attends expert discussions in Germany

  • Visit to the German Judicial Academy in Trier: Dr. Stefan Tratz (left), Director of the Academy; Dr. Diana Scobioala (right), Director of the National Institute of Justice of the Republic of Moldova; Anatolie Munteanu, Vice-Minister of Justice of the Republic of Moldova (4th from right)

    Visit to the German Judicial Academy in Trier: Dr. Stefan Tratz (left), Director of the Academy; Dr. Diana Scobioala (right), Director of the National Institute of Justice of the Republic of Moldova; Anatolie Munteanu, Vice-Minister of Justice of the Republic of Moldova (4th from right)

  • Visit to the German Judicial Academy in Trier

    Visit to the German Judicial Academy in Trier

  • Visit to the German Judicial Academy: Dr. Stefan Tratz, Director of the Academy; Aliona Bleah, IRZ representative in Moldova; Anatolie Munteanu, Vice-Minister of Justice of the Republic of Moldova; Dr. Diana Scobioala, Director of the National Institute of Justice of the Republic of Moldova; (from right to left)

    Visit to the German Judicial Academy: Dr. Stefan Tratz, Director of the Academy; Aliona Bleah, IRZ representative in Moldova; Anatolie Munteanu, Vice-Minister of Justice of the Republic of Moldova; Dr. Diana Scobioala, Director of the National Institute of Justice of the Republic of Moldova; (from right to left)

From 12 to 16 July 2016 a delegation of the National Institute of Justice of the Republic of Moldova attends expert discussions in Germany on the German legal basic and further training system.

This Moldovan partner institution of the IRZ is in charge of all issues dealing with basic and further training of judges as well as public prosecutors in the Republic of Moldova. The head of the delegation is the acting Vice Minister of Justice, Anatolie Munteanu.

The working visit was opened with a meeting of the delegation members with the director of the Judicial Academy in Trier, Dr. Stefan Tratz, and professor Dr. Alexander Proelß from the law faculty of the University of Trier.

Another item on the agenda are discussions at the Judicial Academy in Recklinghausen dealing in particular with an e-learning system. There are also expert discussions on the training of legal trainees and the selection and appointment of judges. These are held at the Higher Regional Court of Cologne with its Vice-President Christian Schmitz-Justen and at the IRZ with the former President of the Higher Regional Court of Cologne, Johannes Riedel.