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In cooperation with the Supreme Court, the Moldovan Association of Judges and the Ministry of Justice, the IRZ organised a training session on 6 and 7 December 2018 on the implementation of the approved Administrative Code, which is due to enter into force on 1 April 2019.
The Administrative Code was described by the Moldovan partners as a great achievement for the entire justice system in Moldova. The key role of administrative jurisdiction, which makes an essential contribution to legal certainty, has therefore once again been made very clear.
The training session was led by IRZ expert Georg Schmidt, President of the Administrative Court of Trier. Georg Schmidt specifically mentioned that the Republic of Moldova has made a major step in the direction of a functioning constitutional state with the approval of the new administrative law. Following a short presentation of the approved Administrative Code, the administrative act as a central feature of the administrative process, along with its enactment, validity, retraction and revocation, were discussed using practical examples.
More than 120 judges, officials from local and central authorities, delegates and representatives of civil society, including lawyers, took an active part in the seminar.
The training measures are set to continue next year.
From 26 to 28 November 2018, the IRZ in cooperation with the Moldovan Ministry of Justice, organised a closed conference with expert discussions on advising on the new draft legislation for Moldovan law enforcement in Chișinău.
Following on from the presentation of a strategy paper from the Moldovan Ministry of Justice on the reform of the prison system between 2016 and 2020, the IRZ is advising the Ministry of Justice in Moldova on the reform of law enforcement.
During the closed conference, the working group made up of members of the prison service, which was led by the head of the legal department at the prison service, Alexandru Crudu, worked together on producing the draft legislation. IRZ experts Silvia Sibyll Hawliczek, Prison Director at the young offenders’ institution in Berlin, and Dr. Arne Wieben, Director of the Bremervörde penal institution, were able to provide important momentum with their ideas for the draft legislation and therefore had a positive effect on the legislation process. During the expert discussions, important topics such as the requirement for an admissions department and the establishment of the type of accommodation were discussed with the participants.
There will be efforts to continue the consultancy process on the new draft legislation next year.
On 21 November 2018, the IRZ, together with the Moldovan Ministry of Justice, the Supreme Court and the Moldavian Parliamentary Committee on Legal Affairs organised a conference to mark the approval and introduction of the Administrative Code in the Republic of Moldova. The significance of administrative jurisdiction, the specialisation of administrative judges and other aspects of the new Administrative Code were discussed.
IRZ experts, Rolf Hüffer, former President of the Higher Administrative Court of Bavaria, Georg Schmidt, President of the Administrative Court of Trier, and Klaus Hage, Presiding Judge at the Administrative Court of Minden, explained the significance of the Administrative Code to more than 70 participants in the conference, as well as the need for improving the protection and guarantee of citizens’ basic rights and fundamental freedoms and the importance of the independent judicial monitoring of state activity. The Administrative Code formulates the legal requirements for the actions of the administration and outlines a concept for developing a functioning, independent public jurisdiction.
The aim of the event was to encourage an exchange of opinions on administrative procedural and administrative process law and to promote understanding of the Administrative Code. This is a complex and extensive topic, which has led to controversial debates in the Republic of Moldova in the past. The Administrative Code was approved after more than ten years of consultancy work on 19 July 2018 and enters into force on 1 April 2019.
A series of practical training seminars on the implementation of the Administrative Code and on the specialisation of administrative judges will follow on from this specialist conference. These seminars are aimed at officials from local and central authorities, future administrative judges and lawyers specialising in administrative procedures to help them prepare for the consistent application of the new Administrative Code.