The new Law on prosecution - a milestone of the reform process in Moldova

Pirkka Tapiola, EU-Ambassador in the Republic of Moldau; Eduard Harunjen, Acting Prosecutor General of the Republic of Moldova; Raisa Apolschii, member of parliament; Vladimir Cebotari, Minister of Justice; Donald Carroll, Country Director of Criminal Justice and Law Enforcement at the Embassy of the United States (right to left)Pirkka Tapiola, EU-Ambassador in the Republic of Moldau; Eduard Harunjen, Acting Prosecutor General of the Republic of Moldova; Raisa Apolschii, member of parliament; Vladimir Cebotari, Minister of Justice; Donald Carroll, Country Director of Criminal Justice and Law Enforcement at the Embassy of the United States (right to left)

Almost a month after the new Law on Prosecution was adopted by the Parliament of the Republic of Moldova and a quarter of a year before it gets into force on 1st August 2016, the Ministry of Justice, in close co-operation with the General Prosecutor's Office, invited relevant stakeholders, including members of the media and Civil Society, on 19 April 2016 for a public debate. The conference was organised within the framework of the EU funded project "Support to the Pre-Trial Investigation, Prosecution and Defence Set-Up", IRZ as lead partner is implementing together with its consortium partners Altair and CILC since September 2014.

The event took place in the premises of the Ministry of Justice in Chisinau with high-level participation: As host the Minister of Justice, Vladimir Cebotari, as high-level guests the Head of the Delegation of European Union to the Republic of Moldova, Ambassador Pirkka Tapiola and Donald Carroll, Country Director of Criminal Justice and Law Enforcement at the Embassy of the United States; as representative of the prosecution the Acting Prosecutor General of the Republic of Moldova, Eduard Harunjen, and - from the law-making side - Ms Raisa Apolschii, member of the Parliament of the Republic of Moldova, head of the Permanent Parliamentary Legal Committee for Appointments and Immunities and many other stakeholders of the reform process of the judiciary in Moldova.

The Minister of Justice Mr Cebotari called the law an important step in the reform process and stated that Moldova has not completed its reforms but that there was still much work ahead.

In his opening-address, EU-Ambassador Tapiola called the new Law on Prosecution a 'milestone'. He expressed the appreciation of the European Union that the recommendations of the Venice Commission were implemented. Mr Tapiola expressed the hope that all stakeholders would be involved in the implementation of the law. "I would like to appeal to all of you to find consensus for a smooth implementation of the law - as otherwise the results would be very limited", Mr Tapiola said. He informed the participants that the European Union conducted a peer revision of Moldovan law from November 2015 on, which results would be published at the end of May 2016 and that a working group would then discuss the results of democracy reforms in the Republic of Moldova.

Donald Carroll, Country Director of Criminal Justice and Law Enforcement at the Embassy of the United States of America, congratulated Moldova, that the new Law on Prosecution would be a long expected and long overdue reform. But he also warned that successful reforms are not coming by the number of laws, but by the quality of their implementation. He said that all parts of the society must be included, starting with the institutions of the judiciary and all parts of civil society.

Acting Prosecutor General Eduard Harunjen drew the attention to the process of a successful implementation, which was later a central point of discussion. Mr Harunjen gave an insight on how the new law is going to be implemented. He mentioned that there would be a need for deeper changes in the mentality of prosecutors and that currently trainings would go on to prepare all prosecutors for the changes. He also stressed the need to rethink the working process and that the internal reform of prosecution would take time. "We are doing a reform with a long term perspective. We have established a working group that is currently implementing what has to be done for the new law. This includes training-events to prosecutors as well as changes at the level of the staff." He estimated that in August 2016, when the new Law of Prosecution gets into force, the prosecution would be ready for the changes, by providing training in applying new tools for example in the field of fighting corruption. In this frame he also thanked the European Union and other donors for their support, the provision of technical assistance and training events with international experts that would bring closer the best European practice that proofed to be effective.

In the due course of the debate the participants discussed details of the planned law on specialised prosecution, which is foreseen to pass the Parliament in May or June 2016

Responsible at IRZ:
Nathalie Herbeck: +49 30 2000 900 – 86
Franziska Simon: +49 228 9555-102

Meeting with Vladimir Cebotari, Minister of Justice of the Republic of Moldova

Vladimir Cebotari (left), Minister of Justice of the Republic of Moldova, talking to the acting IRZ Director Dr Stefan HülshörsterVladimir Cebotari (left), Minister of Justice of the Republic of Moldova, talking to the acting IRZ Director Dr Stefan Hülshörster

On 23 September 2015 Dr Stefan Hülshörster and Stefan Mironjuk of the IRZ met Vladimir Cebotari, Minister of Justice of the Republic of Moldova, who has been in office since late July.

Minister of Justice Mr Cebotari above all mentioned the issues of fighting corruption and the ethics of Members of Parliament as his priorities for the further cooperation. Other issues he considered as particularly important were the consultations of the German IRZ experts about the draft of the Moldovan administrative code which is intended to include both an act on administrative procedure and a code of administrative procedure, as well as further activities with regard to the further training of Moldovan administrative judges.

The next meeting is scheduled for late November. It will deal with the specific targets for the cooperation next year.

EU service contract: Anti cyber and economical crimes, and anti-corruption - study visit of a Moldovan Delegation to Sweden (EU project)

  • The delegation in front of the Swedish Prosecution Authority in Stockholm

    The delegation in front of the Swedish Prosecution Authority in Stockholm

  • The delegation at the Office of the Prosecutor General in Stockholm; second from left Corneliu Gurin, General Prosecutor of the Republic of Moldova together with other high ranking prosecutors from Moldova

    The delegation at the Office of the Prosecutor General in Stockholm; second from left Corneliu Gurin, General Prosecutor of the Republic of Moldova together with other high ranking prosecutors from Moldova

In the context of the Justice Reform in Moldova, IRZ is helping the Prosecution Service in the country to comply with its commitments. Thus from 21 to 25 March 2015, the Prosecutor General of the Republic of Moldova, Corneliu Gurin, together with six other high-ranking prosecutors, undertook a study visit to Stockholm (Sweden).

The IRZ team, with the organisational support of the Embassy of Sweden to Moldova, the Swedish Prosecution Authority, the Swedish Economic Crime Authority, and the District Court of Stockholm. The Swedish Prosecutor General, Anders Perklev, received the delegation.

During the study visit the Swedish Prosecution Authority and the role of the prosecutor in Sweden was presented to the Moldovan delegation. A special emphasis was placed on the Information systems of the Prosecutor's office, recruitment, selection, promotion and evaluation of Swedish prosecutors, as well as Inter-institutional Cooperation, combat against serious organised crime, and investigations of Economic and financial crimes.

A number of Swedish Prosecutors gave presentations, which triggered an exchange of ideas between the Swedish Prosecutors and their Moldovan colleagues. Members of the delegation had the opportunity to exchange contacts, which will further facilitate the communication and sharing of best practices. Visits were also conducted to the office of the International Public Prosecution Office Stockholm and the District Court of Stockholm.

The study visit was foreseen by the project that IRZ in association with Altair Assesores and CILC is implementing in Moldova. It was funded by European Union in the framework of the EuropeAid/135322/DH/SER/MD, "Project to Support the Pre-Trial Investigation Prosecution and Defense Set-Up in Moldova (IPD PROJECT)". The study visit was very well received by the members of the Moldovan delegation.

EU-Service Contract
Teamleader: Dr Gerassimos Fourlanos
Responsible at the IRZ: 

  • Franziska Simon: +49 (0) 228 9555-102
  • Özlem Olbrich: +49 (0) 228 9555-147