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On 21 October 2018, the IRZ together with the NGO Invento, a network of young people, the Hans Seidel Foundation in the Republic of Moldova, the Parliament of the Republic of Moldova and the American Embassy in Moldova, organised a seminar on legislative procedures as part of the annual Youth Parliament held in Moldova.
The aim of the Youth Parliament was to give its participants a better understanding of the principles and rules of democracy and to encourage their awareness of the rule of law. The main focus of the seminar was on pointing out the tools of legislative procedures and showing the participants how to draw up precise and complete draft legislation on a topic of their choice. Legislative procedures were brought to light in a practical way, using up-to-date examples. This event also helped to strengthen civil society in the Republic of Moldova. With these objectives in mind, the participants were given the appropriate training on legislative procedures and techniques. The advantage here was that legislative procedures and techniques in Moldova show some similarities with the German procedure.
Representing the German side at the seminar was Dr. Birgit Grundmann, a lawyer and former State Secretary at the German Federal Ministry of Justice and Consumer Protection.
The IRZ also plans to organise follow-up events on legislative procedures next year and the partnership with Invento is set to continue.
On 18 and 19 October 2018 in Chișinău, the IRZ together with the Moldovan Public Prosecutor's Office, the Association of Judges and the National Institute of Justice organised a practical training session on criminal investigations in the field of economic crimes, involving offshore companies. The event focussed on covert investigation measures and addressed:
Employees of anti-corruption authorities,
Public prosecutors and
The aim of the training session was to discuss the investigative tools available in accordance with international standards for prosecuting the crimes stated above and the potential for using these in the Republic of Moldova, as well as to detect any problem areas and work on approaches to solving these. Other key points included:
The manifestations of economic crime,
Cooperation in this area,
Extracting suspicions and investigative approaches,
Open enforcement measures (searches, seizures, pre-trial custody) and
Covert investigations (use of undercover investigators, telephone surveillance).
The Moldovan participants took an active and profitable part in the discussions, asking plenty of questions. The requirements and compulsory content for the justification of prosecutors’ proposals and judges’ decisions on enforcement measures were also addressed and prerequisites for intervention and matters for consideration were discussed in detail.
Representing the German side at the training session were Uwe Stark, a judge at the local court of Siegen, and Andreas Stüve, Senior Public Prosecutor, Düsseldorf Public Prosecutor’s Office.
On the occasion of the fourth Steering Committee meeting of the EU Twinning Project on Personal Data Protection in Moldova, representatives of Moldova’s National Centre for Personal Data Protection (NCPDP), of the European Union and of the two partner Member States, Germany and Latvia, met in Chișinău on 15 October to evaluate the progress made so far towards implementing the project.
Spotlight on draft legislation and measures to raise public awareness
The twinning project started in October 2017 and is now reaching the second phase of its implementation. With a duration of 2 years and a total budget of nearly one million euros, the twinning between the Republic of Moldova and Member States - represented by the IRZ (German Foundation of International Legal Cooperation), and the Ministry of Justice of Latvia respectively - aims at harmonising Moldova’s national legislation in the field of personal data protection with the European Union’s legal framework and standards (mainly the General Data Protection Regulation 2016/679 and EU Directive 2016/680).
Mr. Eduard Raducan, Director of the NCPDP and project leader for the beneficiary country, reiterated his dedication to the project and his desire to see the new draft law on personal data protection adopted at the upcoming parliamentary session in November. The law has been drafted in a very short period of time, a result achieved only thanks to the hard work of the staff of the Centre and its close collaboration with the Latvian Resident Twinning Advisor, Jekaterina Macuka, as well as numerous Short Term Experts who worked in the project. Adopting the new law before the parliamentary elections due to be held in Moldova in February 2019 will not only provide a reliable legal basis for the future work of the Centre but will also guarantee the necessary approximation of Moldovan legislation to the EU acquis. This will be an important prerequisite for the exchange of personal data between Moldova and the Member States.
Strengthening the Centre’s capabilities is a further goal of the project.
Related activities of the project will continue in the second half. These include acquainting the Centre’s staff with good practices in the area of investigations and complaint procedures. The structure of the NCPDP will also be addressed. A number of activities of any data protection authority require the employment of IT experts. Mr Raducan sees in the structural revision of the Centre and in hiring a sufficient number of IT staff a key for its future efficiency.
A further major component of the project will be concerned with raising awareness of the topic of personal data protection and namely the rights of the persons concerned (“data subjects”) and the obligations of the controllers who are in charge of processing operations. Communication activities including reaching out to the public in the regions as well as trainings/workshops for the private sector, for the media, and for the Centre’s staff, will help developing a positive image of the Centre’s role and a better perception of personal data protection in general. Trust and acceptance amongst the various actors in the Moldavan society are crucial for the future success of the NCPDP and will also ensure the project’s sustainability.
The project is entering a very intense second phase with about 60 per cent of the total number of measures to be undertaken within the next 10 months. IRZ representatives and the MS Project Leader, Lukas Gundermann, underlined the need for an intensified deployment of national experts in the upcoming months.