Strengthen the stability and effectiveness of institutions guaranteeing democracy and the rule of Law.
In the context of the efforts for a settlement of the Transnisstrian issue, ensure
constitutional and the legislative reform in line with European standards, continuing to draw on the expert cooperation and advice of the Venice Commission and the European Union, and
ensuring a democratic and stable constitutional framework both for citizen and state
institutions in (a re-united) Moldova;
Completed /Continue process
The Legislative acts adopted with the objective to settle the Transnistrian conflict:
The Declaration of the Parliament of the Republic of Moldova on the Ukraine’s initiative for settlement of the transnistrian conflict; the Appeals of Parliament on the criteria of democratisation of the transnistrian region, adopted by the Parliament Decision No - 117 - XVI of 10th of July 2005, aimed at the fulfilment of the Ukrainian Plan for transnistrian problem settlement, agreed in May 2005 in Vinnitsa, Ukraine;
The Law of the Republic of Moldova No. 173-XVI on the main principles of the legal status of the citizens from the left side of the Dniester (Transnistria) of 22nd of July 2005, adopted according to the Ukrainian Plan for the transnistrian problem settlement;
Government Decision no.891 of 03.09.2006 “on the adoption of the Action Plan for use, in the process of reintegration of the country, of the conclusions stated in the Report “Unfreezing a Frozen Conflict: general aspects of the separatist crisis from Moldova”, developed by the New York Bar Associates;
The Appeal of the Parliament of the Republic of Moldova to the European Union’s Member States and USA Congress on the organisation of the parliamentary hearings on the Report made by the New York Bar Associates. According to the provisions of the Action Plan for use, in the process of reintegration of the country, of the conclusions stated in the Report of the New York Bar Associates “ Unfreezing a Frozen Conflict: general aspects of the separatist crisis from Moldova”, the necessary materials were sent to the Ministry of Foreign Affairs and European Integration;
Government Decision no.814 of 2nd of August 2005 on the confirmation of the main guarantees for the Transnistrian population;
Government Decision no. 959 of 9th of September 2005 on the measures for ensuring the confirmation of the citizenship and documentation of the population from the left Dniester side localities”;
Government declaration of 24.03.2006, on the recognition of the property rights of the physical persons and legal entities from the transnistrian region;
Regulation on the method of deposit and withdrawal of amounts paid by the undertakings from the Est rayons of the Republic of Moldova, approved by the Ministry of Finance.
The Joint declaration of the Prime Ministers of the Republic of Moldova and Ukraine of 30th of December 2005;
Government Decision no.815 of 2nd of August 2005 on the regulation of the goods flows that are the object of external trade activities of the Transnistrian region, with the amendments made by the Government Decision no. 48 of 18th of January 2006, Government Decision no. 202 of 22.02.2006, Government Decision no.301 of 17.03.2007 and Government Decision no. 743 of 29.06.2007. Government Decision no. 301 and no. 743 were approved according to the obligations of the Republic of Moldova towards the European Commission in the context of the negotiations of the Agreement on the Autonomous Trade Preferences and foresee the insurance of the access of the undertakings from the transnistrian region, registered temporarily, with the preferential origin certificates of form “A” (for the European Union countries). In order to stimulate the activities of the external trade of the undertakings from the transniestrian region, the above mentioned Government Decision foresee the insurance of the access of the undertakings from the transnistrian region registered on the basis of the certificates of origin form “CT - 1” (for the NIS) and “EUR” (for the Central and South-Est Europe).
Government Decision no.866 of 1st of August 2007 “on the issue of certificates of form EUR.1 and CT-1”;
Government Decision no.1001 of 19th of September 2001 on declaration of goods by the undertakings from the Est of the Republic of Moldova (amended by Government Decision of Republic of Moldova no.48 of 18th of January 2006 and Government Decision no.1281 of 06.11.2006);
- Government Decision of the Republic of Moldova no.299 of 22nd of March for the complementation of the Government Decision no.1330 of 1st of December 2004 (Regulation on the method of management of fiscal obligations of the undertakings placed in the localities from the left side of Dniester and Bender municipality); In order to insure the legislative and constitutional reforms according to the European standards (i.e. recommendations of the Council of Europe) all the national legislation adopted by the Parliament in the period of 2005-2007, was evaluated by the Council of Europe, Venice Commission, and OSCE/BIDO.
On 15 of June 2006 the Parliament adopted the Law for amending the legislation in Moldova, in the context of the legal approximation of the national legislation with the acquis communautaire.
The Parliament implemented the proposals of the Parliamentary Assembly of the Council of Europe on the parliamentary reform by adopting the amendments to the Rules of Procedures (Law no. 430-XVI of 27.12.2006).
MoJ
MoR
Ensure correct functioning of Parliament, including the reform of parliamentary
immunity in line with proposals made by the Council of Europe. Ensure the democratic
conduct of Parliamentary Elections in 2005 in accordance with European standards and
addressing remaining shortcomings as identified by the OSCE / ODIHR
recommendations;
Completed On 11th of November 2005 the Parliament of the Republic of Moldova adopted the calendar Programme of legislative actions in conformity with the Resolutions and Commission’s Recommendations for the observance of the obligations and engagements of the Council of Europe member states (adopted by the Parliament Decision No. 284/11.11.2005).
On 24th of November 2005 with the objective to improve the legislative process, the Parliament adopted the legislative plan for the years 2005-2009, taking as base the Government legislative programme for 2005-2009, and the actions of the European Union-Moldova Action Plan, the EGPRS for 2004-20006 and NHRAP 2004-2008.
The Parliament implemented the proposals of the Parliamentary Assembly of the Council of Europe on the parliamentary reform by adopting the “parliamentary immunity” through amendments to the Rules of Procedures (Law nr. 430-XVI din 27.12.2006)
The parliamentary elections from 6th of March of 2005 were qualified by the international observers of the OSCE/BIDDO, CoE, and EU as fair and democratic, according the international standards.
At the same time, in order to implement the recommendations of the Venice Commission and of the observance mission of the elections OSCE/BIDDO, the Parliament adopted a series of amendments to the Election Code, latest amendment made on 21st of July 2006.
The application of all the provisions of the amended Electoral Code was ensured during the local elections in spring of the year 2007, inclusively by co-optation at the preparatory stage of the European experts and of the civil society.
According to the evaluation of the OSCE experts and the Coalition 2007 the local elections in the Republic of Moldova were free and partially fare.
Parliament
MoR
ECC
Continue administrative reform and strengthening of local self government in line with European standards, notably those contained in the European Charter on Local Self government and drawing in particular on the expertise and recommendations of the Congress of Local and Regional Authorities in Europe, including with regard to management of local budgets by local administrations and attribution of budgetary competence (resources to match responsibilities).
Partially Completed From June 2006 the Ministry of Local Public Administration became functional.
The Legislative acts adopted with the purpose to approximate the national legislation to the European, especially, to the recommendations of the Congress of Local and Regional Forces of the Council of Europe on the local democracy in Moldova:
- Law no. 435-XVI of 28th of December 2006 on the administrative decentralisation (At the same time the proposals for creating the mechanism for administrative decentralisation and of the programme for sectorial decentralisation).
- Law no.436-XVI of 28th of December 2006 on the local public administration (new edition).
- Law no.437-XVI of 28th of December 2006 on amending and complementing some legislative acts (regarding the local public finances).
- Law no.438-XVI on the regional development in the Republic of Moldova (Regulation adopting the framework of the National Council of Regional Development Coordination, framework regulation of the Regional Council for Development, the framework regulation of the Agency for Regional Development, framework regulation for composition and use of means from the national Fund for regional development) are ready to be sent to the Government).
Actions undertaken with the objective to implement the above mentioned Laws: the working group composed of the relevant representatives of the civil society (IDIS Viitorul) and the academic representatives developed the draft Law on the local public finances that is to be adopted by the Government.
With the objective to improve the professional level of the public servants the National Strategy for training of the public servants and the local elected was adopted by the Government Decision no.31 of January 11th from 2007. The main institutions responsible for the implementation of the Strategy are the Ministry of Local Public Administration and the Public Academy by the President of the Republic of Moldova. The Ministry of Local Public Administration is responsible for the monitoring and coordination of the fulfilment process of the national Strategy for training of the public servants and local elected, for the year 2007-2010. On the basis of the Strategy, improvement of the capacities at local and regional level that currently are very limited in the Republic of Moldova is noticed.
MoLPA
Strengthen Law enforcement by increasing the efficiency of judiciary and the Law protection bodies; respect the relevant judgments of the Constitutional Court.
Completed
The Centre for Legal Approximation was created on the basis of the Government Decision no.190 of 21st of February 2007. In collaboration with the Government the premises for the Centre were allocated. The staff scheme of the Centre was approved by the Minister of Justice’s order no.142 ‚on adopting the scheme for framing the Centre for Legal Approximation by the Ministry of Justice” of 28th of March 2007 and approved by the signature of the Ministry of Finances on 16 of April 2007. At the same time, by the order of the Ministry of Justice no.80 from 22nd of May 2007, the head of the Centre for Legal Approximation was appointed. Hereby, the Centre is functional. During the Government session from the 1st of August 2007, the National Plan for Legal Approximation was adopted.
Another important step in order to guarantee the independence of the judicial system was the creation of the National Institute for Justice, that, as it was planned on 1st of January 2007, was approved by the Superior Council of Magistrates, and that is dealing with continuous training of judges and prosecutors, as well as of other relevant parties of the judicial system. Regarding the initial training, it is to be mentioned that according to the Regulation regarding the organisation of the contest for admission to the National Institute for Justice no.1 of 30 of August 2007, approved by the Council of the Institute of 26.06.2007, during August 2007 the contest for admission for 10 new places for candidates to the position of judge and 20 new places for candidates to the position of prosecutor was organised. According to the NIJ Council’s decision no.5 of 30th of August 2007, the first year of trainings will start on 1st of October 2007.
MoJ
2
Review existing legislation, so as to ensure the independence and impartiality of the judiciary, including the impartiality and effectiveness of the prosecution, and to strengthen the capacity of the judiciary;
Continue and implement legislative work further to reform the judiciary in line with European standards; Re-examine and amend the Law on the organisation of the judiciary with a view to ensuring its independence, impartiality and efficiency, including clarification of the procedure for appointment and promotion, statutory rights and
obligations of judges;
Continuous process
Regarding the guarantee of effective independence of the judicial system, the related legislation was amended by the Law no. 174-XVI of 22 of June 2005 and the Law no. 247-XIV of 21 July 2006 for amending and complementing certain legislative acts that ensure the organisation and functioning of the judicial system in the Republic of Moldova. Hereby, the made amendments are reflecting the following recommendations of Council of Europe:
Exclusion of the age limit for designating judges;
Mandatory video and audio surveillance of the courts’ sessions;
Establishment of the principle of unconditional allocation of cases;
increase of the degree of transparency of the process of hiring judges by periodical publishing of the information regarding the available vacancies for the functions of judge, president and vice-president of the court, as well as the method/conditions for the organisation of the contest.;
The possibility to adopt decisions by Superior Council of Magistrates with the majority vote of all members, as well as publication of the adopted acts and the activity reports;
The possibility to challenge the decisions of the Superior Council of Magistrates in the courts;
Change of procedures of designating, and revision of the procedure for attesting judges;
Significant increase of the number of actions that constitute disciplinary violations in the activity of the judges, and relevant penalties that can be applied for these ;
Improve of the procedure for examining the cases within the disciplinary board with the possibility of a judge that was penalised to get services of defence etc.
With the support of the Common Programme for Cooperation of the European Commission and the Council of Europe for Moldova: Consolidating the democratic reforms 2004-2006, the Moldovan authorities modified the national legislation according to the recommendations and standards of the Council of Europe, as well as with the provisions of the European Charter on the statute of judges, adopted in 1998 in Strasbourg, in order to ensure the independence and impartiality of justice (by the Laws no. 174-XVI of 22 June 2005, no. 247-XIV of 21 July 2006).
The Law on the Superior Council of Magistrates was amended in the following way:
The Judicial Inspection was created by the Superior Council of Magistrates ( Law no. 185-XVI of 26.07.07)
Permanent activity of the president of SCM. (On 27 of july2007 the amendments were adopted by the Government Decision no.854 and sent to the Parliament for review.)
- the competences of SCM were modified, this being competent in the following fields:
I. judges carrier;
II. initial and continuous training of the judges;
III. administration of the courts.
A new restriction for the position of president of Superior Council of Magistrates – this position can not be hold by the President of the Supreme Court of Justice, Minister of Justice or the General Prosecutor;
With the objective to ensure the principle of publicity all the decision of the SCM are published on the web site (art.24 paragraph 6);
The possibility to challenge the decisions of the SCM;
In order to ensure the transparency of the SCM activity, an annual report on its activity is being by the 1st of April, made and published.
By the Law, amending and complementing a number of legal acts, no. 247-XVI of 21st of July 2006, the art.6 of the Law on the judge status no. 544-XIII of 20th of July 1995 was amended excluding the age limit of 30 years for designating in the position of a judge, provision that will enter into force with the first promotion of the of National Institute for Justice.
The Law on disciplinary board and the disciplinary liability of the judges, established with the objective to ensure the publicity and transparency of the disciplinary board, foresees that every six moths and yearly a report on the activity will be presented to the Superior Council of Magistrates, which will be published on its web site. On this matter it is to be mentioned, that starting 1st of September 2007 all the information mentioned regarding the activity of the Supreme Council of Magistrates can be accessed on the web site of the Supreme Court of Justice: www.scjustice.md, in the field „ Supreme Council of Magistrates”.
On 15 of June 2007 the Government of the Republic of Moldova adopted the Government Decision no.670 “on the set up of the Department for Judicial Administration”. At the same time according to the p.5 of the above mentioned decision, the Ministry of Justice developed the regulation on the organisation, functioning and the structure of the Department for Judicial Administration. The draft regulation was sent for adoption to the Government by the letter 03/8915 of 17.08.2007 and will be examined during the autumn/winter session.
The draft Law on amending and complementing a number of legislative acts on the publicity of the court sessions and decisions, was adopted by the Government Decision no.1076 of 2nd of October 2007.
The Parliament examines the new draft Law for the improvement of the procedure of penal prosecution of the judges, in cases of corruption. On 20th of July 2007, the Law was sent to the experts of the Council of Europe for evaluation. The draft was sent on 20.07.2007, in the letter DD-C-5 no.104. At the moment the mentioned draft is in the process of evaluation at the Council of Europe.
After the examination of the practice of other states, Ministry of Justice developed a draft Law for amending the art.116 from the Constitution of the Republic of Moldova in order to reduce from 5 to 3 years the first mandate for judges. The mentioned draft was sent to the Government for review in the letter no.3/9117 of 24.08.2007.
The process of selection and hiring in the judge position was fully reflected in the Monitor Oficial of the Republic of Moldova and on the web site of the Supreme Court of Justice (www.justice.md).
At the same time, in order to ensure a sustainable reform of the judicial system in Moldova, in July 2007 the Parliament adopted the Strategy for consolidation of the judicial system (by the Parliament Decision no.174-XVI 19.07.2007)1 The implementation of the adopted Laws will be supported by the financial assistance of the USA Government, provided on the grounds of the Agreement of Subsidizing the Strategic Objective of the Preliminary programme of the Millennium Challenge Fund, signed with the Government of Republic of Moldova on 15th December 2006.
MoJ
Ensure implementation of the new legislation on the public prosecution in line with European standards;
In the process of completion
In order to fulfil the reform of the General Prosecution Office according to the recommendations of the Council of Europe, on guaranteeing the clear and well - defined competences of the General Prosecution Office, three draft Laws were developed by the experts of the General Prosecution Office and from the Council of Europe, (on the organisation of the General Prosecution Office, on the status of the General Prosecutor and on the Superior Council of Prosecutors) that mainly regulate:
Creation within the General Prosecution Office of a body for self administration of the prosecutors – Superior Council of Prosecutors, as a guarantee of the independence of the Prosecution office;
The method of designation of hierarchically inferior prosecutors by the General Prosecutor in the conditions of the art.125 par 2 of the Constitution, on the recommendations of the Superior Council of the Prosecutors;
Refer for the opinion of the Council for qualification of the prosecutors when designating them into function and their attesting, that is to be created by the Superior Council of Prosecutors;
Revision of the method of punishment by the General Prosecutor of the prosecutors for violating the Law, requiring the agreement of the Superior Council of Prosecutors;
Creation of the Disciplinary Council by the Superior Council of Prosecutors for the examination of the case related to the violation of disciplinary provision and labour conditions of the prosecutors, with the objective of proposing disciplinary sanctions for them;
The method of granting the right to the prosecutor to challenge the sanctioning decision in the Court of Law etc.
After the evaluation reports from the Council of Europe are received, the draft Laws mentioned above will be reviewed and sent for adoption to the Government, and forwarded as legislative initiative to the Parliament.
The amended Laws will be presented for adoption to the Parliament in the autumn of the year 2007.
