Standard Twinning Project Fiche s5

Standard Twinning Project Fiche TWINNING LIGHT

1. Basic Information

1.1 Programme: Unallocated Special Envelope Transition Facility

1.2 Twinning Number: TF2007/19343.07.01/IB/JH 22 TL

1.3 Title: “Support for improving the administration of the non-judicial services of the Ministry of Justice”

1.4 Sector: Justice

1.5 Beneficiary country: Romania

2. Objectives

2.1 Overall Objective(s):

To improve the administration of the services at the level of the judicial system

2.2 Project purpose:

Strengthening the economic and administrative capacity of the Ministry of Justice, as government central body in charge with implementing the reforms of the judicial system, for a more efficient administration of non-judicial services.

2.3 Contribution to National Development Plan/Cooperation agreement/Association Agreement/Action Plan - N/A

3. Description

3.1 Background and justification:

The reform of the judicial system has been a constant priority for Romania during the pre-accession to European Union and still rests as a major commitment considering the need to enhance the efficiency and accountability of all the aspects of the judiciary system. Thus, an effective reform of the judiciary should be performed considering also the institutional capacity of the central government bodies in charge with implementing the reform (such as the Ministry of Justice and the subordinated institutions) and all the judicial and non-judicial administrative aspects (such as management of the services connected to the judiciary activities, policy management of the financial resources and expenditure planning, administration of IT services etc.) which are in close connection with a qualitative and operative act of justice delivered to the citizens. In this context, a careful consideration should be given to continuing to strengthen the institutional administrative capacity of the Ministry of Justice and the main subordinated institution (The National Administration of Penitentiaries) for ensuring an effective coordinated implementation of all the judicial measures aiming at reforming the system and also to improving the management of the necessary financial resources allotted for their achievement. Important steps have been taken in this direction, through the implementation of the PHARE project RO 2005/017-553.01.04.06 “Strengthening the Institutional and Administrative Capacity of the Ministry of Justice and the Public Ministry, as Central Institutions of Romania” which contributed to strengthening the institutional and administrative capacity of the Ministry of Justice and Public Ministry by assessing the human resources policy and the administrative structures of the Ministry of Justice and by drafting recommendations for their improvement1. However, according to the scope of the project, the assessments performed through the TA project covered only the organisational aspects of the departments within the 2 central institutions (their internal structure, employed staff, internal hierarchy and overview on their general roles) and the existing Human resources and Legal drafting policies. Nevertheless, the need for further improving the management of the services currently performed by relevant internal MoJ’s departments (economics, financial, administrative, investments, IT etc), with a view to their more effective achievement, still rests as a challenge part of the process of improving the overall administration of judiciary’s tasks at central coordinating level. The “Report from the Commission to the European Parliament and the Council on Progress in Romania under the Co-operation and Verification Mechanism, issued on the 22nd of July 2009”, highlights that “Human Resource Strategy for the judiciary remains a challenge for Romania in terms of the budgetary costs and support infrastructure”. However, considering the current economic realities, addressing these type of challenges can only be attained by rationalising all financial resources allocated to the judicial system, and by finding the suitable ways for rendering cost-effective services performed by key departments of the Ministry of Justice in charge with managing the administration of judiciary budget, the financial services, the investments, the patrimonial assets, and the IT services of the judiciary. Thus, finding out the best solutions for tackling these financial and administrative aspects regarding the functioning of the system remains a priority for the judiciary.

Furthermore, at the EU level, many Member States manifest an increased focus for a coherent consideration of all budgetary resources which represent an important tool for improving the public sector’s cost efficiency. Moreover, the Directorate-General for Economic and Financial Affairs of the European Commission underlines in the study “The Effectiveness and Efficiency of Public Spending”2 that “in many Member States, the roles and responsibilities of the different governmental departments have been reviewed in order to simplify the organisation of the public administration. The trend

1 Training of the Ministry of Justice and Public Ministry’s personnel in the field of EC law, Human resources, Audit, Structural funds and Economics and Management was also performed. 2 Economic Papers 301/ February 2008 towards an externalisation of the public sector has also affected management practices within the public administration.” Also, the European Commissions’ mentioned within the “Green Paper on Public-Private Partnerships (PPP) and Community Law on Public Contracts and Concessions” that “the public authorities have also set up partnership structures with the private sector to administer public services.” Moreover, the Commission has already adopted measures, in certain fields, designed to remove barriers to PPPs. However, depending on the type of externalised services, it is necessary to assess by “disseminating good practice for PPPs at national or at European level” whether the partnership option offers real added value compared with other options. The best practice dissemination aims at making “related expertise mutually available and thus advise users about the different forms of PPP and their stages, such as initial conception, how to choose a private partner, the best allocation of risks, or the choice of contractual clauses”. . As concerns the situation at national level, the Romanian Ministry of Justice through several key departments (economics, financial, administrative, investments, IT etc), currently performs non-judicial interconnected attributions (such as, managing the budgetary planning, execution and other financial aspects, administrating the buildings, the lands of the judiciary units, keeping the evidence of all the patrimonial assets, ensuring the internal control of the medical units within the judiciary systems such as penitentiary - hospitals and the Ministry of Justice’s hospital, administrating the IT infrastructure and services at the level of all the MoJ, subordinated institutions, courts etc) and coordinates the activities of the National Administration of Penitentiaries (main subordinated institution), including the budgetary planning and executions related tasks which derive from the MoJ’s role as principal credit release authority and NAP’s role as second credit release authority; NAP, at its turn performs similar coordinative tasks for the subordinated penitentiary units. All these administrative interconnected non-judicial mechanisms/procedures need to be discussed and assessed in the light of other member states’ similar practice and experience (i.e. some member states externalise services such as those related to the, buildings’ and lands’ administration, overhauling repairs, IT services etc), with the view to rendering proposals for the improvement of their administration.

Thus, as Romania is in the process of further improving the administrative capacity of the judiciary, this twinning light project will aim at assessing the procedures and mechanisms in place at the level of MoJ’s relevant departments (economics, financial, administrative, investments, IT etc) in charge with administrating the non-judicial services at central level, and providing recommendations on improving the current procedures/mechanisms in place, based on the other EU member state’s best practices concerning the management of similar non-judicial attributions pertaining to the judiciary system (i.e. administrating the patrimonial assets, other financial and investments related services, the IT services etc) and the applicability of the Public-Private Partnerships at the level of their judiciary system.

3.2 Linked activities (other international and national initiatives): 1. Title & Year : TA Project PHARE 2005 “Strengthening the institutional and administrative capacity of the Ministry of Justice and Public Ministry as central institutions" Objective: Improving the administration and access to justice. Purpose: To strengthen the institutional and administrative capacity of the Ministry of Justice and Public Ministry, as central institutions Description: The project aimed at providing both ministries with a human resources policy based on an assessment of the needs in terms of staff recruitment, training and education in order to support the accomplishment of the tasks incumbent from the future EU member state statute; proposals for improving the administrative structure of both institutions, as well as of the legal drafting activity of the Ministry of Justice. Implementation period: 12 months (November, 29 2007- November, 28 2008) Budget: 1.080.500 Euro PHARE Status: Completed

1. Title & Year: The TF twinning 2007/19343.01.08 Assistance for enhancing the respect of human rights in prisons and improving the efficiency of the Romanian penitentiary system Objective: Stability and efficiency of institutions guaranteeing the rule of law, and respect of human rights in prison Results: - Efficient and unitary enforcement of the legal framework for the execution of criminal penalties - Enhancement of knowledge and skills of the staff of the penitentiary system and the delegated judges - Elaboration of a practical manual on the efficient and unitary implementation of the legal framework on the execution of penal sanctions - Improvement of human resources (HR) policy of NAP Budget: 760.000 Euro (660.000 Euro TF and 100.000 Euro National Co-financing) Status: Completed

3.3 Results:

Result 1 An assessment report elaborated, concerning the procedures/mechanisms in place at the level of MoJ’s relevant departments (economics, financial, administrative, investments, IT etc) in charge with administrating the non-judicial services at central level. Indicators of achievement: - 1 expertise mission organised; - Assessment report of the current state of play existing at MoJ’s level concerning the procedures/mechanisms in place for administration of non-judicial services by the selected departments, elaborated. Activities under Result 1

1.1. Organising one expertise mission for establishing together with the Romanian representatives (MoJ representatives of the relevant departments - economics, financial, administrative, investments, IT etc) the key aspects which need to be assessed, such as the procedures/mechanisms in place, related to the services performed by these departments. Moreover, during this mission, the MS partner will jointly agree with the Romanian beneficiaries on the precise EU Member States with best practices in the field of administrating the similar non-judicial services, which will be had in view for the further project’s activities under result 2, especially activity 2.1.

1.2. Elaboration by the MS experts, of an assessment report of the current state of play existing at MoJ’s level concerning the procedures/mechanisms in place for administration of non-judicial services by the selected departments, based on direct consultations and the information put at their disposal by the members of these departments.

Result 2 A final report comprising a comparative study of the selected EU Member States’ best practices in the field of administrating the non-judicial services similar with the ones performed by the MoJ’s relevant departments, as well as recommendations on improving the current procedures/mechanisms in place for administrating the non- judicial services. Indicators of achievement: - written description of at least 2 Member States’ relevant institutions/departments (including their mechanisms and procedures in place) having similar attributions with the ones performed by MoJ’s relevant departments; - 3 workshops organised (approximately 45 participants will attend the workshops); -final report comprising a comparative study of selected EU Member States’ best practices on administrating the non-judicial services similar with the ones performed by the MoJ’s relevant departments, as well as recommendations on improving the current procedures/mechanisms in place for administrating the non-judicial services, elaborated.

Activities under Result 2 2.1. Elaboration of a written description of at least 2 Member States’ relevant institutions/departments and their best practices concerning the mechanisms/procedures in place for performing similar services with the ones performed by MoJ’s relevant departments. The MS partner and the beneficiaries should agree upon the structure and main content related aspects of the written descriptions. 2.2. Organising 3 solution-oriented workshops of 2 days each with the participation of 15 participants (MoJ and NAP representatives working within relevant departments - economics, financial, administrative, investments, IT etc), in order to discuss the possible solutions for improving the administration of the non-judicial services performed by MoJ’s relevant departments, bearing in mind the perspective of externalisation of certain identified services internally performed by these departments, and the applicability of Public-Private Partnerships to certain non-judicial services. The topics of the workshops will be jointly decided by the MS partner and the beneficiaries and will be based on both the assessment report of the current state of play existing at MoJ’s level on the procedures/mechanisms in place for administration of non- judicial services and on best practices of the selected EU Member States’ in this field The topics will refer to diverse procedures/mechanisms for administrating the non- judicial services, which respond to the actual needs for improving the current procedures/mechanisms in place at the level of the relevant departments.

2.3. Elaboration of a final report comprising a comparative study of selected EU Member States’ best practices on administrating the non-judicial services similar with the ones performed by the MoJ’s relevant departments, as well as recommendations on improving the current procedures/mechanisms in place for administrating the non-judicial services. The final report will be elaborated considering the experts’ findings during the expertise missions performed, the workshops’ conclusions and will comprise recommendations based on other MS relevant experience for improving the current administration of the non-judicial services by relevant MoJ’s departments. The comparative study will be based on and informed by activity 2.1 and will comprise a strengths and weaknesses analysis of the systems presented, with a view of adapting/using them as possible sources of inspiration/solutions/models for Romania. The final shape of the comparative study will be included in the final report whereas its main conclusions/assertions will be in fact used as instruments during the common work of the STEs and beneficiaries of identifying possible solutions for improving the legislative framework in question.

The report will be submitted for approval to the beneficiary.

3.4 Activities:

3.5 Means/Input from the MS Partner Administration:

The MS PL and the 2 MS short term experts involved in each workshop. Also, at least the MS PL or 1 MS short term expert will accompany the Romanian representatives in the study visit. It is expected that the MS partner will involve in this project, if necessary, other short term experts so as to successfully achieve the project’s results.

3.5.1 Profile and tasks of the Project Leader Expert 1 – Project Leader

The Project Leader will be responsible for the overall activity co-ordination and project management, supervising the project implementation and ensuring day to day linkages with the beneficiaries. Also, the Project Leader will be involved in all the activities developed under this project in order to ensure a smooth correlation between them, to meet the deadlines and the envisaged results of the project and to take corrective action, inside the assumed terms of the signed contract.

He/she will have the following profile: - Relevant university degree; - At least 7 years experience in the field of public management; - Previous experience as project coordinator/project manager in at least 1 project of minimum 6 months duration; - Very good level of spoken and written English (the language of the project); - Very good computer skills(Word, Excel, Power Point)

3.5.2 Profile and tasks of the RTA – N/A

3.5.3 Profile and tasks of the short-term experts

Expert 2

He/she will have the following profile: - Relevant university degree; - Background and work experience (at least 5 years) in the filed of administrative/economics/investments within the central administration of the judiciary; - Very good level of English (the language of the project) - Very good computer skills (Word, Excel, Power Point)

4. Institutional Framework

Direct Beneficiary: Ministry of Justice and the Citizens’ Freedoms (MoJ) and National Administration of Penitentiaries (NAP)

The CFCU is the implementing agency responsible for tendering, contracting and payments.

The Ministry of Justice and Citizens’ Freedoms is the implementing authority of the project.

The PIU from the Ministry of Justice and Citizens’ Freedoms will be responsible for the overall procedural and administrative management of the project. Responsibility for technical preparation will remain with the beneficiaries’ relevant departments (economics, financial, administrative, investments, IT).

ACIS will be responsible for overall co-ordination of the project.

5. Budget

Programme Support

Investment Institution Total National IFI* TOTAL Support (I) Building Programm Cofinancing (IB) e(=I+IB) *

Twinning 0.225 0.01 0.235 MEuro MEuro MEuro Total 0.225 0.01 0.235 MEuro MEuro MEuro * Parallel cofinancing

6. Implementation Arrangements

6.1 Implementing Agency responsible for tendering, contracting and accounting (AO/CFCU/PAO/Commission/EAR), including contact person and full contact details.

For the whole project the Contracting Authority will be Central Finance and Contracts Unit (CFCU) which will be responsible for tendering, contracting and payments, financial reporting.

PAO - Mrs.Carmen Roşu , director, Central Finance and Contracts Unit 44, Mircea Vodă Blvd, Sector 3, Bucharest Tel +40 21 3265555; Fax: +40 21 326 87 09 / 326 87 30 e-mail: [email protected].

Implementing Authority

The Implementing Authority (IA) is the Ministry of Justice and the Citizens’ Freedoms. The beneficiaries of the project are: the Ministry of Justice and the Citizens’ Freedoms, the Public Ministry and the whole judicial system. The PIU from the Ministry of Justice and the Citizens’ Freedoms will be responsible for overall procedural and administrative management of the project.

SPO: Mrs. Diana POPESCU, director, Department of European Programs Tel: +40.372.041.160 Fax: +40.372.041.161 E-mail: [email protected]

6.2 Main counterpart in the BC, including contact person and contact details. Also include RTA counterpart and the BC Project leader.

Contact persons:

 Mrs. Anca SPOREA, director, Financial and Accountancy Department, Ministry of Justice and Citizen’s Freedoms;

Phone: +40.037.204.1103 Fax: +40.037.204.1102 e-mail: [email protected]

 Mrs. Ioana ŞERBAN, director, Economics and Administrative Department, National Administration of Penitentiaries;

Phone: +40.21/208 61 50, interior 27 476, 27 570 Fax: +40.242 2005 e-mail: [email protected]

BC project Leader: Mr. Adrian Tudor TULEAŞCĂ, director, General Economics Department, Ministry of Justice and Citizen’s Freedoms;

Phone: +40. 037.204.1100 Fax: +40. 037.204.1102 e-mail: [email protected]

In order to ensure an efficient implementation of project’s activities a Steering Committee will be established that will meet quarterly or when needed to discuss the progress of the project, verify the achievement of the outputs and mandatory results and discuss actions to be undertaken. The Steering Committee members will be representatives of the Ministry of Justice and Citizens’ Freedoms, the MS Project Leader, the BC Project Leader, an observer from the CFCU, as well as other experts involved in the implementation of the project if needed.

6.3 Contracts –Twinning light contract

7. Implementation Schedule (indicative)

7.1 Launching of the call for proposal – September 2009

7.2 Start of project activities – December 2009

7.3 Project completion – June 2010 7.4 Duration of the implementation period – 6 months.

8. Sustainability

In terms of sustainability, the results of the project will be valued at the level of the direct beneficiaries - Ministry of Justice and the Citizens’ Freedoms (MoJ) and National Administration of Penitentiaries. The recommendations on improving the current procedures/mechanisms in place at the level of MoJ’s relevant departments for administrating the non-judicial services, provided based on the best practices of other EU Member States in this filed, will put at the disposal of the decision makers of the MoJ and the “Line Managers” of the relevant departments within MoJ and NAP, substantiated basis for decisions and possible actions to further carry on for improving the coordinated administration of services performed at the level of these central institutions’ relevant departments.

9. Crosscutting issues (equal opportunity, environment, etc.)

Equal opportunity: The Romanian Ministry of Justice and the Citizens’ Freedoms is an equal opportunities employer.

Environement: N/A

10. Conditionality and sequencing – N/A ANNEXES TO PROJECT FICHE

1. Logical framework matrix in standard format (compulsory) 2. Detailed implementation chart (optional) 3. Contracting and disbursement schedule by quarter for full duration of programme (including disbursement period)-optional 4. Reference to feasibility/pre-feasibility studies. For all investment projects, the executive summary of the economic and financial appraisals, and the environmental impact assessment should be attached (optional) 5. List of relevant Laws and Regulations (optional) 6. Reference to relevant Government Strategic plans and studies (may include Institution Development Plan, Business plans, Sector studies, etc) (optional)