Grupuri De Lucru

Priorities for external assistance in the field of justice: activities for implementation of the Strategy for Justice Sector Reform for 2011- 2016 and the Action Plan to the Strategy

PILLAR I. Judiciary System

Specific objective: Strengthening independence, responsibility, impartiality, efficiency and transparency of the judiciary system

1.1. Accessibility and Independence of the Judiciary System

1.1.1. Optimization of courts displacement map to strengthen the institutional capacity of courts, the number of judges and to ensure more effective use of available resources Study on the opportunity to optimize the courts displacement map to strengthen the institutional capacity of courts, the number of judges and to ensure more effective use of available resources.

1.1.4. Creation of an appropriate, consistent and sustainable tool of funding the judiciary system by increasing funding of this system and the unification of the budgeting of the judiciary system Study on the practice of funding the judiciary study in recent years, taking into account the international experience of funding the judiciary system.

1.1.5. Increasing efficiency of management and improving the practical and governing the system of administration of courts and of the strategic analysis on budgeting Optimization of courts staffing. Development of the initial training curriculum and of the curriculum for the ongoing training of judicial administrators. Organization of trainings for the judicial personnel responsible for developing and executing the budget.

1.2. Increasing transparency and efficiency of the judicial system

1.2.1. Increasing transparency of tools and institutions of the judicial self-administration authority Review of the regulations of the Superior Council of Magistracy relating to the transparency of the activity of the Council and its subordinate institutions.

1.2.2. Efficient and functional use of the judicial information system in order to exclude the human factor in the administrative case management by implementing an e-justice system Study on the functionality of the Integrated Case Management Program (ICMP). Development of amendments to regulations of the Superior Council of Magistracy governing the function of the Integrated Case Management Program. Improving the Integrated Case Management Program in order: a) to ensure effective random distribution of cases; b) to ensure the establishment of the panel of judges and the appointment of panel of judges presidents; c) to create other programs to ensure transparency and efficiency of justice. Providing the courts with the necessary equipment of audio/video recording of court proceedings and hearings. Development of the curriculum for the judicial staff and judges in the use of information technologies. Training of judicial staff and judges in the use of information technologies.

1.2.4. Creation of a mechanism that would ensure uniformity of judicial practice and ensure the principle of security of legal reports Study on ensuring uniformity of judicial practice and the principle of security of legal reports.

1 1.2.6. Review of the function of the institution of the instruction judge to include it in the common judicial body as judges specialized in this matter Evaluation of the skills of instruction judges. Continuous trainings for the evaluated instruction judges. Development of a regulation on the procedure and conditions for the appointment of instruction judges.

1.3. Increasing transparency and efficiency of judicial system

1.3.1. Reforming and improving the National Institute of Justice. Development of a new concept of continuous training for judges, prosecutors and other justice sector players. Establishing objective criteria for determining financial resources necessary for initial and continuous training.

1.3.2. Reviewing the programs of the National Institute of Justice to ensure their compliance with the real needs of training of judges, prosecutors and other players from the justice system and to avoid duplication of university curricula Creation of a system able to provide complete and timely determination of training needs of the players from the justice sector. Creation of a common electronic database for the NIJ-SCM-GP for the record of the number of continuous training hours annually accumulated by each judge, prosecutor and other players from the justice sector and of studied subjects, as well as other data related to training activities. Reviewing the curriculum for initial training, the existing curricula and development of curricula for the newly introduced disciplines. Reviewing the methods of selecting teaching staff, the composition of the NIJ Council and of the administration system. Development of modern training methods.

1.3.3. Ensuring specialization of judges in specific cases and review of the opportunity of creating administrative courts system. Conducting studies and making recommendations on the need to specialize judges in specific causes. Study on the opportunity to create the courts information system.

1.3.6. Creation of tools to evaluate the performances of the judicial system by using surveys involving litigants (feedback) Development of the methodology for the evaluation of the performances of the judicial system by using surveys involving litigants (feedback).

1.3.7. Strengthening the role of judicial inspection and clarification of its powers Superior Council of Magistracy, governing the activity of the judicial inspection.

1.3.8. Review of the disciplinary violations and of the disciplinary procedure to adjust them to the system realities and European standards Study on the disciplinary violations and the disciplinary procedure to adjust them to the system realities and European standards. Development of the draft Law amending and completing the Law no. 544-XIII from 20 July 1995 on the status of judges and the Law no. 950-XIII from 19 July 1999 on the disciplinary colleague and disciplinary accountability of judges.

1.3.10. Strengthening the judicial system by introducing the judicial assistant position and modifying the status and duties of clerks Development of the curriculum for initial training and the curriculum for continuous training of judicial assistants. Initial and continuous training of judicial assistants.

2 PILLAR II. Criminal Justice

Specific objective: Streamlining the pre-judicial investigation process to ensure the observance of human rights security for each person and decease of criminality

2.1. Review of the pre-judicial concept and procedure

2.1.4. Optimization of the operative investigation and criminal prosecution procedures Training officers of relevant authorities.

2.1.5. Improvement of the criminal procedure law to remove contradictions between them and the existing standards in terms of human rights and fundamental freedoms Study on the legislation, including the procedural legislation to determine its compliance with existing standards related to human rights and fundamental freedoms.

2.2. Strengthening professionalism and independence of prosecution

2.2.1. Review of the procedure of appointment and dismissal of the General Prosecutor and his deputies and the establishment of clear, transparent and objective criteria for the selection of candidates for these positions Study on the procedure of appointment and dismissal of the General Prosecutor and hierarchically inferior prosecutors and the duration of the General Prosecutor mandate.

2.2.2. Establishment of clear, transparent, objective and merit based criteria and procedures for the selection, appointment, promotion and transfer of prosecutors Development of a study on the criteria and procedures for the selection, appointment, promotion and transfer of prosecutors.

2.2.6. Examination of the need for personnel for the prosecution authorities and the development of proposals for optimizing the number of prosecutors and support staff Study on the need for personnel for the prosecution authorities and the development of proposals for optimizing the number of prosecutors and support staff.

2.2.7. Reviewing the mechanism of funding the prosecution authorities Study on the practice of funding prosecution authorities in the recent years and of the international practice in this area.

2.2.8. Demilitarization of the prosecution institution, including by examining the opportunity of granting the status of magistrate to prosecutors Study on the demilitarization of the prosecution institution and the opportunity of granting the status of magistrate to prosecutors.

2.2.10. Reviewing the rules on prosecutors liability, including their disciplinary liability, and exclusion of their general immunity Study on the rules of prosecutors’ liability, including their disciplinary liability, and exclusion of their general immunity.

2.3. Strengthen of individual professional and institutional capacities to investigate crimes

2.3.2. Improving the professional skills of persons involved in the investigation and criminal prosecution Development of curricula for persons involved in the investigation and criminal prosecution. Training of persons involved in the investigation and criminal prosecution.

3 2.3.3. Increasing capabilities and reconsidering the place and the role of judicial expertise center and judicial experts Creation of a working group to develop the study (in terms of international rules and practice of other states) on: - the opportunity of setting up a combined legal expertise system, especially in areas where the state holds at present the monopoly (egg. forensic expertise), and on finding solutions to strengthen the current system of judicial expertise; - the review the possibilities to reform the judicial expertise center and identify the optimal solution for the Republic of Moldova.

2.4. Modernization of the system of statistical data collection and evaluation of professional performance at individual and institutional levels

2.4.2. Reviewing and informing the method of collecting and analyzing statistical data related to criminal justice and ensuring inter-operational databases Study on the method of collecting and analyzing statistical data related to criminal justice and problems existing in this system.

2.4.3. Changing performance indicators of the mentioned authorities related to the criminal justice and their officers to ensure respect for human rights Analysis of performance indicators of organs involved in the application of the criminal justice and their collaborators Establishment and implementation of a new unique system of performance indicators for all the institutions involved in criminal proceedings.

2.5. Humanizing criminal policy and strengthening the mechanism for the protection of human rights.

2.5.1. Liberalization of penal policies by using non-custodial sanctions and preventive measures for certain types of persons and offences Evaluation of the applicability of non-custodial preventive measures.

PILLAR III. Access to justice and enforcement of courts decisions

Specific objective: improving the institutional framework and processes that ensure effective access to justice: effective legal assistance, examination of cases and enforcement of courts decision within a reasonable time, upgrading the status of some legal professions of the system of justice

3.1. Strengthen of the system of the state guaranteed legal assistance (SGLA)

3.1.1. Strengthening the capacities of organization and administration of the SGLA system Creation of a working group to develop and conduct an analysis of the current activity of the National Council of State Guaranteed Legal Assistance and territorial offices, in order to identify their staffing needs. Development of a mechanism to recover the expenses for the state-guaranteed legal assistance. Development of a mechanism to access databases to verify the applicants' ability to pay the state- guaranteed legal assistance. Monitoring the implementation of rules on the state-guaranteed legal assistance and adjustment of the legal and institutional framework.

3.1.2. Improvement of the quality and accessibility of SGLA provision (criminal and non-criminal cases) Reviewing criteria for selecting qualified lawyers to provide qualified state-guaranteed legal assistance and ensuring transparency in the selection of lawyers.

4 Development of a mechanism monitoring the quality of the state-guaranteed legal assistance. Study on the application of new methods of provision of qualified state-guaranteed legal assistance.

3.1.3. Promotion of the culture and access to legal information and reduction of legal nihilism Testing the primary legal assistance system provided by community para-layers.

3.2. Strengthening institutional capacity and professional development of each profession of the sector of justice (lawyers, notaries, mediators, judicial executors, legal experts, authorized administrators, translators / interpreters)

3.2.1. Encouraging the development of capacity of officers of the justice sector at the level of professional unions, putting a special emphasis on management skills Study on the function of each profession.

3.2.3. Initiation and development of some integrated, clear and accurate mechanisms on the criteria and the method of calculating prices of rendered services Study on the mechanisms and the way of calculating the price of services rendered by the officers of the justice sector.

3.2.5. Provision of initial and continuous training of officers of the justice sector, including continuous and joint training by expanding the role of the NIJ in this process Development of a curriculum for continuous training of officers of the justice sector.

3.2.9. Establishment of a uniform taxation, social and health insurance for officers of the justice sector Study on the existing taxation, social and health insurance for officers of the justice sector.

3.3. Effective enforcement of court decisions

3.3.1. Assessment of the impact of the current normative framework and the mechanism of implementation in enforcement court decisions, including ECHR decisions. Monitoring the impact of current regulations in enforcement court decisions, including ECHR decisions. Development of the draft Law amending the normative framework in order to remove deficiencies in enforcement of courts decisions, including ECHR decisions. Development of the Regulation on the enforcement of decisions of the European Court of Human Rights.

3.3.2. Institutional and functional strengthen of the new system deprived of enforcement court decisions Study the activity of the Licensing Committee and the Disciplinary Colleague to implement the method of their institutionally and functionally strengthen. Development of the draft Law amending the normative framework in order to institutionally and functionally strengthen the Licensing Committee and the Disciplinary Colleague.

3.3.3. Improving the system of information and communication management by providing access to databases Study detecting deficiencies in the system of information and communication management while enforcing the court decision. Development of the draft Law amending the normative framework to remove deficiencies in the system of information and communication management, including in terms of ensuring access to databases.

3.3.4. Ensuring compliance with reasonable deadlines of the enforcement of court decisions Training judges on the new mechanism of repair by the state of the damage caused by violating the right to trial in a reasonable deadline or the right to enforce the court decision in a reasonable deadline.

5 3.3.5. Improving the mechanism of recognition and enforcement of decisions of foreign courts and foreign arbitral decisions Study of the efficiency of the existing mechanism of recognition and enforcement of decisions of foreign courts and foreign arbitral decisions. Draft amendment of the legal framework on the recognition and enforcement of decisions of foreign courts and foreign arbitral decisions.

PILLAR IV. Integrity of players of the justice sector

Specific objective: Promotion and implementation of the intolerance principal for corruption offenses in the sector of justice

4.1. Effective fight against corruption in the system of justice

4.1.2. Strengthening the mechanism of verification of statements of income and property, statements of personal interests, monitoring the compliance of legal provisions on conflict of interest and of incompatibilities of public persons, judges, prosecutors, civil servants and officials holding governing positions Creation of a web page of the National Integrity Committee. Development and approval of instructions on how to complete the statements of income and property and statements of personal interests.

4.1.3. Reviewing the legal framework to discourage corruption in the justice sector and more severe punishment of corruption offenses to increase the effectiveness of judicial coercion Training judges and prosecutors to uniform the legal practice on corruption crimes.

4.1.4. Clear regulation of the behavior of judges, prosecutors, criminal investigators, lawyers and officers of justice in relation with other persons to combat corruption and create a mechanism ensuring honest behavior Development of draft laws to regulate the prompt interaction of players of the justice sector in the context of potential corruption and the reporting corruption. Strengthening the capacities of ensuring the observance of regulations on the anticorruption behavior by developing methodological recommendations. Training the players of the justice sector on the anti-corruption behavior. Development of the draft Law regulating the use of integrity tests for the players of the justice sector.

4.1.5. Elaboration and application of some efficient tools to prevent interference in the work of justice and the prevention of corruptive behaviour of actors in the justice sector Preparing a study on tools to prevent interference in the work of justice and corruptive behaviour. Information of society regarding the implementation of new tools to prevent interference in the work of justice and corruptive behaviour.

4.2. Strengthening mechanisms of implementation of standards of ethics and anticorruption conduct at the level of all justice sector institutions

4.2.2. Periodical training of stakeholders from the justice sector in the field of professional ethics Development of training plans for stakeholders from the justice sector in the field of professional ethics.

4.2.4. Awareness raising campaign on the professional ethics of stakeholders in justice sector Publication of leaflets on the professional ethics of stakeholders in justice sector. Production of video clips on the activity of institutions in justice sector and placement of these on the internet.

6 4.3. Development of a culture of intolerance towards corruption by self-administered institutions from various segments of justice

4.3.1. Delivery of periodical trainings for stakeholders from the justice sector on fighting corruption Development of the training plan of stakeholders from the justice sector on fighting corruption.

4.3.2. Development and application of encouragement measures for the justice sector actors with the goal to promote the honest behaviour and the development of the culture of intolerance towards corruption Study on the voluntary testing of the justice sector actors at the detector of simulated behaviour.

4.3.3. Strengthening whistleblower regime (inside and outside the system) Establishing within institutions internal mechanisms for reporting irregularities by whistleblowers.

4.3.4. Publication and broadcast of court decisions on condemning stakeholders from the justice sector for acts of corruption Delivery of the study to consider the opportunity of amending the regulatory framework that regulates the publication and publicizing of court decisions on condemning stakeholders from the justice sector for acts of corruption. Update and optimization of the structure and content of courts’ websites with a view to publish court decisions on condemning stakeholders from the justice sector for acts of corruption. Publicizing of final court decisions on condemning stakeholders from the justice sector for acts of corruption.

PILLAR V. The role of justice in economic development

Specific objective: Implement measures through which justice will contribute to the creation of a favorable climate for the sustainable development of economy.

5.1. Consolidation of the system of alternative dispute settlement

5.1.2. Development of guiding principles for using alternative mechanisms of (civil, commercial) dispute settlement and development of institutions of arbitrage and mediation as alternative methods of litigation settlement Development of studies concerning the operation of the institution of mediation in specific areas (family litigations; civil and commercial litigations; labor litigations; administrative litigations; consumer protection litigations) and the opportunity to develop the community mediation system and of the institution of arbitrage.

5.1.4. Establishment/improvement of enforcement mechanisms and recognition of foreign arbitral decisions Developping the study on the regulation and enforcement mechanisms and recognition of foreign arbitral decisions Elaboration of the draft on amending the legal framework regulating mechanisms on enforcement and recognition of foreign arbitral decisions.

5.2. Reinforcement of the insolvency procedure

5.2.2. Strengthening of insolvency administrator’s statute to ensure the stability of the profession, their professional integrity growth.

Elaboration of curriculum for insolvency administrators.

7 5.3. Modernization of the record system and access to the information on the registration of economic entities

5.3.1. Modernization of the system of electronic record of economic entities Delivery of the study on methods of updating the system of electronic record of economic entities.

5.3.2. Creation of a unique electronic registry for the registration of economic entities and non- commercial organizations Delivery of the study on the unique registry of economic entities and non-commercial organizations.

5.3.3. Facilitation of the access to information from electronic registries of economic entities and delivery of e-services by registry holders Development of the draft amendment of the regulatory framework with a view to extend the volume of information from the electronic registries of economic entities, in electronic format for free access.

PILLAR VI. Observance of human rights in the field of justice

Specific objective: Ensuring the effective observance of human rights in legal practices and policies

6.2. Consolidation of the skills of the Center for Human Rights and of the institution of parliamentary advocate

6.2.3. Consolidation of skills and capacities of management, investigation, research and analysis of the personnel of the Center for Human Rights and of the institution of parliamentary advocate Development of the initial (for new employees) and continuous (for CHR personnel, including its branches) training concept, which will include the training on identifying and reporting human rights violations. Training the staff of the Center for Human Rights and its branches for raising their professional qualification. Modification of the webpage of the Center for Human Rights to make it more interactive.

6.3. Strengthening the juvenile justice system

6.3.1. Ensuring specialization of the juvenile justice system Improving the legal framework to ensure specialization of actors working with/for children in contact with the justice system. Developing methodological guidelines for lawyers specialized in providing state-guaranteed legal assistance in cases involving children.

6.3.3. Strengthening the juvenile probation system Development of recommendations on the case management in working with children subject to probation

6.3.4. Ensuring respect of the rights of detained children Optimizing the educational staff and that of psychologists in the penitentiary institutions where there are children. Developing programs of preparation of children to be released from detention. Development and implementation of general and vocational education programs for children in detention.

6.4. Respect for Human Rights of People Held in Custody; Eradication of Torture and Inhuman Treatment

8 6.4.2. Development of technical-material basis and infrastructure according to European standards in all detention facilities Installation of video equipment in each place of detention.

6.4.3. Strengthening the capacity of representatives of institutions responsible for custody (police, penitentiary system, CCECC, psychiatric institutions, psycho-neurological facilities and asylums) for prevention and combating of torture and maltreatments. Assessment of legal framework on the functioning of institutions responsible for the deprivation of liberty in the field of preventing and combating torture and ill-treatment and preparation, if necessary, draft on amending the normative framework. Creation of internal, independent disciplinary mechanisms of complaints on alleged acts of torture and other maltreatments. Development of the draft amendment of the regulatory framework on the obligation to report the cases to the prosecutor, in case of alleged case of torture or other mistreatments for the staff of the institutions responsible for custody Development of the draft amendment of the regulatory framework for establishment of direct subordination of the anti-torture prosecutors to the General Prosecutor's Office.

6.4.4. Establishment of a standardized system, protected against manipulations of record and registration on restraint, arrest and detention. Development of the concept of system of record and registration of data on restraint, arrest and detention and, if necessary, elaboration of the draft on modifying the legal framework.

6.4.5. Efficient combating of torture and maltreatments Development of the draft amendment of the regulatory framework to strengthen the independence of health care staff in the places of detention, by transferring them under the subordination of the Ministry of Health, establishing the probing value of the independent health examination in case of alleged acts of torture, excluding the contradiction to quality the acts of torture and increasing the sentence according to severity of the acts of torture. Development of the draft law on establishment of compulsory health examination of people taken under custody at each entry and exit of detention places.

6.4.6. Creation of effective rehabilitation mechanisms for victims of torture and degrading treatments Developping the legal framework necessary for the rehabilitation of victims of torture and ill-treatment. Development of rehabilitation services for victims.

6.5. Strengthenining the Probation System and the Penitentiary System

6.5.1. Introduction of a modern concept of probation to help ensuring safety in the community through effective rehabilitation of felons Developing the draft of the Concept of development of the institution of probation that would contribute to community safety through effective rehabilitation of offenders into society. Elaboration of draft law on amending and supplementing the legal framework on probation.

6.5.2. Ensuring the institutional autonomy of probation service Optimization of the system of probation bodies.

6.5.3. Ensuring the sustainability of individualized probation process from the pre-sentence stage to post-detention assistance services Drafting the amendment of the regulatory framework to ensure the sustainability of individualized probation process from the pre-sentence stage to post-detention assistance. Development of initial training curricula and of the training program for ongoing support to probation counselors.

9 6.5.5. Strengthening the system of submitting and examining complaints on the activity of probation system and the penitentiary system. Conducting the study of the system of examination of complaints on the activity of probation system and the penitentiary system.

6.5.6. Revision of employment policy and recruitment system in penitentiary institutions and comprehensive demilitarization of the penitentiary system Conducting of the comparative study on employment policy and recruitment system in penitentiary institutions and comprehensive demilitarization of the penitentiary system

6.5.7. Promotion and implementation of ethical standards in probation services and the penitentiary system Development/amendment of the ethical codes of the probation counselors and of the employees of the penitentiary system

PILLAR VII. Well Coordinated, Managed and Responsible Justice System

Specific objective: coordination, establishment and delimitation of duties and responsibilities of the main actors in the justice sector as well as ensuring of the intersectoral dialogue.

7.1. Coordination of activities of the actors in the justice sector; strategic planning and policy development

7.1.2. Establishment and support to working groups of the Ministry of Justice for coordination and monitoring of each Strategy pillar implementation Training of the working groups on methodology for implementation and monitoring of the Strategy of Justice Sector Reform for the years2011-2016.

7.1.3. Strengthening the capacity of the Ministry of Justice to interact with the actors on the justice sector, including through reorganization of the unit responsible for strategic planning and monitoring within the Ministry of Justice Ensuring complex working conditions that would increase staff efficiency.

7.1.4. Building the capacity of each institution involved in justice sector reform to participate in the reform process Analyses of the functions and structure of each institution involved in justice sector reform to participate in the reform process Training of the staff of institutions involved in the justice sector reform to ensure their active participation in reform implementation

7.1.5. Creation of conditions for ongoing collaboration between the representatives of units responsible for strategic planning and monitoring within the justice sector institutions Training of staff in charge of strategic planning and monitoring of reform implementation in judiciary institutions

7.1.6. Establishment and maintaining of a system of collection, analysis and exchange of relevant information between the main judiciary institutions Design and installation of an integrated information system of collection, analysis and exchange of information on reform implementation.

7.2. Approximation of the institutional and legal framework in justice sector with the European standards

10 7.2.2. Improvement of the legislative creation process to ensure the stability, predictability and clearness of the legislation Development of the handbook on normative acts development Training of the staff involved in the legal creation process.

7.2.3. Increased public access to legal documents (data basis) Conducting of the study on public access to normative acts (data basis) Improvement of the data basis of normative acts. Creation of the online data basis on development of normative acts (from initiation to publication).

7.2.4. Improvement of the process of national law approximation with the European Union law Training of the staff involved in the process of national law approximation with the European Union law

7.3. Coordination of external donors' assistance and information exchange with the non-governmental sector

7.3.1. Establishment and maintaining of a coordinated mechanism of cooperation with external donors in justice sector for Strategy implementation Improvement of the existing mechanism of foreign assistance coordination in terms of its interaction with the Strategy implementation monitoring coordination mechanism.

7.3.2. Establishment of a framework for information exchange between the non-governmental sector and the actors in the justice sector for the purpose of Strategy implementation Establishment of a mechanism to ensure constant information exchange between the non-governmental sector and the players in the justice sector on the actions related to Strategy implementation