#Justice4Moldova: The first Shadow Report on the implementation of the Strategy on ensuring independency and integrity in the justice sector 2022-2025
The Strategy on Ensuring the Independence and Integrity of the Justice Sector for 2022- 2025 was adopted by the Parliament of the Republic of Moldova by Law No 211/2021. This strategy is a key step towards consolidation of a modern, transparent, and accountable judicial system. Chapter II of the strategy sets out the strategic directions and specific objectives to be achieved in order to fulfil the overall objective of the document, i.e. building an efficient and accessible justice sector.
In this context, the Justice Expert Group (GEJ), in collaboration with #Justice4Moldova experts from the Institute for European Policies and Reforms (IPRE), developed a shadow monitoring report, which aims mainly to assess the progress and constraints encountered in implementing the Strategy in the period between 2022–2023, both in qualitative and quantitative terms. The main findings for each of the 3 strategic directions of the Report were presented on Friday, May 3, 2024, within a public event.
According to the authors, as a result of the monitoring, out of the total of 81 actions to be carried out between January 1, 2022 and December 31, 2023, 20 (24.6%) were implemented without deficiencies, 9 (11.1%) were carried out with insignificant deficiencies, 16 (19.7%) were carried out with substantial deficiencies, 24 (29.6%) are ongoing and 12 (14.8%) are uninitiated/unimplemented. Out of the 45 continuous actions, 21 (46.6%) were implemented without deficiencies, 1 (2.2%) was implemented with insignificant deficiencies, 12 (26.6%) were implemented with substantial deficiencies, 6 are ongoing (13.3%) and 5 (11.1%) are uninitiated/unimplemented.
For Strategic Directorate 1, 4 objectives were drawn with 15 specific objectives, to be achieved by implementing 56 actions, of which: 19 actions due in 2022, 18 actions due in 2023 and 11 actions of continuous nature, whose initiation was to be achieved in 2022, and correspondingly in 2023.
In order to increase the independence of the judiciary and prosecution system, the normative framework on strengthening the institutional capacities of the SCM and SCP was developed and approved, the normative framework on the procedures for extraordinary verification of candidates for the position of member in the SCM and SCP,
and on the reform of the SCJ was developed and approved and the normative framework for initiating and starting procedures for external evaluation of judges and candidates for the position of judge of the SCJ, judges of courts of appeal, presidents and vice-presidents of courts, Prosecutor General, heads and prosecutors of specialized prosecutor’s offices and heads of territorial prosecutor’s offices.
The main constraints identified are those related to the failure to develop and implement the secondary normative framework on the evaluation and selection procedures of judges and prosecutors, those related to the ex-part communication of judges and prosecutors, the delay in the procedures regarding the selection and appointment of members in the specialized colleges of the SCM and SCP, the lack of a communication strategy for the judiciary and the failure to implement consolidation measures for the legal professions related to the justice system.
For Strategic Directorate 2, 4 objectives were set with 13 specific objectives, to be achieved by implementing 46 actions, of which: 9 actions due in 2022, 11 actions due in 2023 and 20 actions having a continuous character, to be initiated in 2022 and 2023, respectively. Among the most important achievements are highlighted the changes made in criminal and civil legislation, both material and procedural. The amendments aimed to improve mechanisms for access to justice for victims of domestic violence and victims of sexual crimes (including children) in line with the provisions of the Istanbul Convention and the Lanzarote Convention. At the same time, the biggest constraints observed refer to the negative conflict of competence between the SCJ and the SCM regarding the elaboration and approval of templates of the judicial acts.
For Strategic Directorate 3, 3 objectives were drawn with 21 specific objectives, to be achieved by implementing 53 actions, of which: 11 actions due in 2022, 15 actions due in 2023 and 14 actions having a continuous character, to be initiated in 2022 and 2023, respectively. Among the most important achievements, we include increasing the salary of court staff in order to reduce the phenomenon of fluctuation, replacing with personnel units the subdivisions of the central apparatus of the Ministry of Justice, continuous improvement of ICMS and PNIJ functionalities, staff training to use electronic statistical reporting models, as well as training users of the videoconferencing application, application of analytical software to perform prosecution on some complex cases. From the greatest constraints, it can be noted that the normative framework on the reorganization of the prosecutor’s office map and, subsequently, of the action plan on the relocation/construction/renovation of prosecutor’s offices buildings has not been developed and adopted.
Shadow Report on the monitoring of the implementation of the Strategy on ensuring the independence and integrity of the justice sector for the years 2022-2025 is available in English here and Romanian language here.
For more details, you can watch the video recording of the report presentation event here.
The event was organized within the project “Ensuring the integrity, efficiency and independence of the justice system in Moldova – #Justice4Moldova”, implemented by the Institute for European Police and Reforms (IPRE), in consortium with the Institute for War and Peace Reporting (IWPR), with the financial support of the European Union and co- financed by Soros Foundation Moldova.
