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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.
From 16 to 20 September, a high-ranking delegation from the Republic of Moldova is paying a working visit to Berlin and Leipzig by invitation of the IRZ. The delegation includes the Chairwoman of the Committee on Legal Affairs, Raisa Apolschii, and the President of the Supreme Court, Ion Druță. The context of the working visit is the approval of the Moldovan Administrative Code, which took place this summer. This Code, which includes acts on administrative operations and administrative procedures, provides for the introduction of specialist Administrative Chambers within ordinary courts, thereby introducing an independent administrative procedure to the Republic of Moldova.
At the start of the visit, the delegation was welcomed to the German Federal Ministry of Justice and Consumer Protection by Secretary of State, Christiane Wirtz. Raisa Apolschii took the opportunity to stress the valuable German contribution over the past ten years to the development of the Administrative Code and how much they had benefited from the practical experience of German administrative court judges during the process. She then said how important it is for this essential law to be implemented well.
The working visit should help to achieve this. The visit will include appointments at the Administrative Court and at the Social Court in Berlin and a meeting with the Association of German administrative court judges. In Leipzig, the guests will attend the German Federal Administrative Court, where they will be welcomed by Prof. Dr. Dr. h.c. Klaus Rennert. Finally, a visit to the Leipzig City Council is also on the programme – for the purpose of illustrating administrative procedures. Here, the delegation will be greeted by the mayor of the city of Leipzig, Burkhard Jung.