Meetings of the RTA with the new President and Vice-President and with other members of the SCM.
Meeting of the RTA with the German Ambassador and his Deputy.
Participation of the RTA in a meeting between the President of the SCM and the German ambassador.
Several meetings of the RTA with members of the Judicial Inspection (Section for judges and Section for prosecutors).
Meeting of the RTA with Mr. Claudio Turco, RTA in a Phare Program on the National School for Clerks.
Preparations for further activities to be implemented in the first quarter of 2007and translation of comparative law materials and preparations for the meetings of the Working Groups
FEBRUARY 2007
Participation of the RTA in the meeting of the President and Vice-president of the SCM with the Deputies of the Ambassadors of the EU MS in Romania at the seat of the SCM.
Several meetings of the RTA with President of the Council, Secretary General, members of the Judicial Inspection, leading staff of the SCM.
Participation of the RTA in the closing workshop of the WorldBank project on training of the trainers of the evaluators, on February 20st
Participation of the RTA in the regular monitoring meeting held by the SCM.
Participation of the RTA and of a SCM member at an international conference on Justice Reform, held in Belgrade, on February 28th.
Meetings of the RTA with the Director of the National School for Clerks, in preparation of further support for the NSC with regard to planning for the School.
Preparation of draft amendments to Law 303/2004 with regard to the professional evaluation of magistrates and improvements on the Regulation for the evaluation in the light of the results of the 4-day working-group session from January 29 to February 1st, 2007
MARCH 2007
Participation of the RTA in the regular monitoring meeting held by the SCM.
Several meetings of the RTA with members of the Judicial Inspection on issues concerning promotion and revocation from office
Participation of the RTA in an international conference on the statute of magistrates' association and their relation with the SCM, organized by the Association of judges from Bihor, held at Oradea, on March 21st.
Participation of the RTA in the joint meeting of the Working Group in charge with legislative issues and the Working Group in charge with evaluations.
Cooperation of the RTA with the Council on the question of civil liability of judges with regard to payments ordered by the ECHR. Presentation of a legal opinion of the RTA on the subject matter and related questions of civil liability of magistrates to the SCM.
Cooperation of the RTA with the SCM regarding draft amendments to Law 303/2004 concerning promotion pp.
Preparations for further activities to be implemented and translation of comparative law materials and preparations for the meetings of the Working Groups.
1 – 10 APRIL 2007
Cooperation of the RTA with the SCM regarding draft amendments to Law 303/2004 concerning evaluation of the professional activity of magistrates, promotion to higher offices and disciplinary sanctioning of magistrates.
Presentation of draft amendments and accompanying justification by the RTA to the SCM.
Meetings of the RTA with representatives of the German Embassy.
APRIL 2007
Participation of the RTA in the meeting organised by the EC Representation in Bucharest, on April 23 with representatives of EU MS and the members of the peer-review for justice.
Participation of the RTA in the regular monitoring meeting held by the SCM. Participation of the RTA in the meeting of the leadership of the SCM with the peer-review delegation.
Meetings of the RTA with the President of the SCM, Deputy Secretary General and members of the Judicial Inspection.
Participation of the RTA in the Kick-off meeting of the twinning between the General Prosecutor's Office and the Danish administration for protection of the intellectual property rights.
Participation of the RTA with members of the SCM in a meeting with judges from the district of the Court of Appeal of Constanta at Babadag on questions of justice reform.
Preparations for further activities to be implemented and translation of comparative law materials and preparations for the meetings of the Working group.
Cooperation of the RTA with the SCM regarding draft amendments to Law 303/2004 concerning evaluation of the professional activity of magistrates, promotion to higher offices and disciplinary liability of judges and prosecutors.
Presentation of draft amendments and accompanying justification by the RTA to the SCM.
MAY 2007
Cooperation of the RTA with the SCM regarding draft amendments to Law 303/2004, Law 304/2004 and Law 317/2004 concerning evaluation of the professional activity of magistrates, continuous training, promotion to higher offices and disciplinary sanctioning of magistrates
Drafting and presentation of legislative amendments by the RTA to the SCM.
Participation of the RTA in the meetings of the working group Legislation.
Participation of the RTA in the regular monitoring meeting organized by the SCM.
Observations of the RTA on the Draft Emergency Ordinance for amending several laws concerning the justice system.
Participation of the RTA in Plenum sessions on discussing the provisions of the above mentioned OUG.
Meeting of the RTA with the Minister of Justice.
Preparations for further activities to be implemented and translation of comparative law materials and preparations for the meetings of the Working groups.
JUNE 2007
Participation of the RTA in the meeting of the RTAs organized by CFCU, on June 11.
Participation of the RTA in several meetings between members of the German Committee for law and European Affairs of the German Parliament with Romanian officials; one of these meetings was with the President and other members of the SCM.
Participation of the RTA in the inauguration of the new Tribunal of Calarasi on the invitation of the President of the Court and the President of the SCM.
Meetings of the RTA with the President of the Council and other members of the Council, as well as representatives of the leading staff of the SCM.
Cooperation of the RTA with the member of the SCM in charge of the legislative working group on the a general review of Law 303/2004, Law 304/2004 and Law 317/2004 with regard to incoherencies, gaps, feasibility problems and other aspects needing urgent improvement.
Elaboration by the RTA of observations on the draft OUG "pentru modificarea si completarea unor acte normative din domeniul justitiei" and of alternative legislative proposals on request of the Council.
Preparations for further activities to be implemented and translation of comparative law materials and preparations for the meetings of the Working groups and participation in working groups.
1 to 10 JULY
3rd Steering Committee Meeting, July 6yh, 2007.
Participation of the RTA at the reception given by the President of Germany on the occasion of his state visit to Romania
Participation of the RTA at the reception offered by the Union of Romanian Jurists on the occasion of Justice Day
Participation of the RTA at the central Justice Day event organized in Alba Iulia by the Superior Council of the Magistracy. On the occasion, the RTA was honoured with a “placheta” presented to him by the President of the SCM.
JULY 2007
Preparation for the activities to be implemented after the judicial break.
Translation of comparative law materials and preparations for the meetings of the working-groups, as well as participation in working-groups.
Elaboration by the RTA of draft legislative proposals aiming at solving certain problems related to provisions in Laws 303/2004, law 304/2004 and Law 317/2004.
Altogether one week sick leave/holidays of the RTA
Judicial Holidays
AUGUST 2007
Participation of the RTA in a visit and discussions at the Court of Bolintin on invitation of the President of the SCM.
Discussions, with i.a., the President of the Council and the General Secretary of the SCM on current issues of the Council.
Meeting of the RTA with the Director of the German Foundation for International Legal Cooperation at the Foundations seat in Bonn for a discussion on the state of the twinning project and possibilities of further support of the SCM
Elaboration by the RTA of draft legislative proposals aiming at solving certain problems related to provisions in Laws 303/2004, law 304/2004 and Law 317/2004.
Judicial Holidays
SEPTEMBER 2007
Participation of the RTA in a meeting with inspectors from the Judicial Inspection upon invitation of the President of the SCM.
Participation of the RTA in the regular monitoring meeting.
Meeting of the RTA with officials of the Commission Representation in Bucharest. Several meetings of the RTA with the President of the SCM, members of the SCM and leading staff of the Council.
Participation of the RTA in the regular RTA meeting organised by the CFCU.
Translation of comparative law materials and preparations for the meetings of the working-groups, as well as participation in working-groups.
Further cooperation of the RTA with the SCM regarding the elaboration of draft legislative proposals aiming at solving certain problems related to provisions in Laws 303/2004, law 304/2004 and Law 317/2004
1 to 10 OCTOBER
4th Steering Committee Meeting, October 5th, 2007.
Meeting of the RTA with representatives of the German Embassy in Bucharest.
Participation of the RTA at the Reception offered by the German Embassy on October 4th, 2007.
Participation of the RTA at a lunch offered by the Irish Embassy in Bucharest
Translation of comparative law materials and preparations for the meetings of the working-groups, as well as participation in working-groups.
Further cooperation of the RTA with the SCM regarding the elaboration of draft legislative proposals aiming at solving certain problems related to provisions in Laws 303/2004, law 304/2004 and Law 317/2004.
OCTOBER 2007
Participation of the RTA at the international conference organized within the Phare framework by the National School for Clerks on October 29th.
Translation of comparative law materials and preparations for the meetings of the working-groups, as well as participation in working-groups.
Further cooperation of the RTA with the SCM regarding the elaboration of draft legislative proposals aiming at solving certain problems related to provisions in Laws 303/2004, law 304/2004 and Law 317/2004
NOVEMBER 2007
Participation of the RTA in the meeting of the working group “Legislation”
Participation in visit at Calarasi Tribunal upon invitation of Dr. Lupascu, member of the SCM.
Meeting with evaluators from the Interim Evaluation Service of Phare in Romania
Organization of the 5th Steering Committee Meeting on November 30th , 2007.
2D. TIMING AND DELAYS Adherence to time schedule
Project Month
1
2
3
4
5
6
7
8
9
10
11
12
Component 1
Activity 1.1
Activity 1.2
Please see attached Annex __.
Recuperation of delays Please see attached Annex __.
2E. ASSESSMENT Overall Assessment of progress Looking back at the situation at the outset of this Twinning Project in April 2006, it may be unreservedly stated that the position of the Superior Council of the Magistracy has improved in outstanding measure.
First of all, the organisation of the administration of the SCM has established itself and made great steps forward, notwithstanding certain conditions which have made it difficult, at times, to move onward at the desired pace. Moreover, the staff of the administration are now better trained and, thus, better equipped to further follow up on the path to providing smooth and effective services for the Council itself and for the Judicial System as a whole. It is equally important to note that the Judicial Inspection attached to the Plenum of the Council has embraced its new role and is fit for playing an important supporting role in modernising the system.
As evolves from the detailed report above, the wide range of support provided by this Project, touching on all areas of activity of the SCM, has been an essential element in this achievement. Its effects will continue to show and influence further developments, since, apart from any improvements already implemented, the knowledge and understanding for what it takes to have a modern and effective administration has been firmly installed in the leadership and personnel of the administration. This is a most important aspect when considering the impact of the Project, since it would be unrealistic to expect that an administration as big as that of the SCM and with tasks as demanding could be perfected within a period of 3 years, especially, when taking into account the many problems the Council had to cope with, starting with the totally unsatisfactory accommodation during the first 9 months after the new Council took office at the beginning of 2005 and the fact, that an important administrative work force had to be recruited and build up, starting from practically zero.
Many additional and sincere difficulties have been due to the wide ranging and largely problematic amendments in 2005 of the pertinent legislation concerning the core tasks of the SCM in the field of human resources and the status and workings of the Council itself – only part of which have been described in more detail above - have very much complicated the administrative process and used up enormous energy in the process of trying to make things work in spite of the many, and in some instances even insurmountable, difficulties created. Due to the extended range and scope of problems to be addressed, also this Project has had to cope with a significant need for additional input in time and energy.
There can be no doubt, that further genuine progress in reforming the Romanian Justice System and making it more efficient will to a large extent depend on removing existing problems evolving from the laws and further improving the legal framework.
The development of the last 3 years has also been marked by the fact that the 19-member Council itself has steadily strengthened its constitutional role as the central institution of the Justice System. It has weathered the period of hostile confrontations it had been confronted with at the beginning of its activity and is making much progress in establishing itself in the public eye as a fundamental component in the institutional framework of the Romanian democracy, exerting its role as guarantor of the independence of justice as a distinct and independent constitutional body in the triangle of the 3 state powers. Also in this respect, the Project has provided much support, in particular, by offering the members of the Council the opportunity to extend their knowledge and experience in the fields of competence and activity of the Council via a comparative outlook on the law and practice in other Member States of the European Union.
As could be expected at the end of a relatively short period of building up a big new institution from scratch, much remains still to be done in almost all sectors, and critical voices must not be overheard. But, the basic structures and the motivation and determination needed to fully succeed step by step over time, are all there. Doubtlessly, the Superior Council of Romania has the potential of becoming an exemplary institution and a model for other countries where the introduction of a transparent Judicial Council as guarantor of the independence of justice and central administrator of the justice system is being contemplated.
Looking further back at developments over the period of time starting with the first of the two consecutive Twinning Projects, it may be said that the Romanian Justice System, the Magistracy as a whole and its representative body, the Superior Council of Magistracy, have been since been clearly on the move towards a modern and efficient Justice System. That this development will endure is warranted by the determination of the Romanian magistrates. Altogether, over 5.500 magistrates have participated with great interest and openness in the activities of both Twinning Projects. It may, therefore, be said that these Projects have had an important impact and that they have added much of the yeast to the process that is now driving the reform forward.
Issues
There have been no major issues of concern during the implementation of the Project. Cooperation between the German partners and the partners from the Superior Council of Magistracy has at all times been excellent.
Recommendations See recommendations under Project Assumptions.
Twinning Contract number: RO2004-IB-JH-01
Section 3: Expenditures Please find it attached in a separate excel file.
