Ongoing efforts in justice reform in the Republic of Moldova. Op-Ed by Angela Popil and Andrian Ermurachi

Op-ed by Angela Popil and Adrian Ermurachi

—

Strengthening Moldova’s justice sector is a key challenge. The “Strategy for ensuring the independence and integrity of the justice sector for 2022-2025” aims to combat corruption, enhance case law consistency, and modernise judicial infrastructure. An implementation report shows progress in judicial independence through improved pre-vetting and vetting processes. However, challenges such as significant judge resignations, resistance to reform, inconsistencies in judicial practices, and delays in digitalization remain.

—

Background: key issues in the justice sector

Reforming the justice sector is crucial for building a modern, integrity-driven legal system in Moldova. The adoption of the “Strategy for ensuring the independence and integrity of the justice sector for 2022-2025” marked a significant milestone. Initiated in 2017 by the Ministry of Justice, the strategy was developed with the support of the Council of Europe and approved by the Government in October 2020. Parliament adopted it on December 6, 2021.

The strategy addresses systemic deficiencies within Moldova’s justice sector:

• Lack of trust in justice: there was a general perception of pervasive corruption in the justice sector and a widespread lack of trust in the system. Corruption was considered ingrained in society, and impunity for corrupt individuals was seen as a major factor perpetuating this issue.
• Inconsistency in case law: uneven judicial practices and lack of uniformity in decisions, as highlighted by the European Court of Human Rights (ECtHR) decisions against Moldova.
• Resistance to reform: resistance from within the justice system, including lack of political will and corporate interests.
• Weaknesses in the selection and promotion of judges: practices suggest bias and favouritism in the selection and promotion of judges and prosecutors.
• Poor application of the regulatory framework: inconsistent or incomplete application of existing laws, affecting the quality of justice.

The strategy aims to:

• Strengthen independence and integrity: improve selection and promotion processes for judges and prosecutors and reinforce the Constitutional Court’s role.
• Improve justice quality: standardize judicial practices and streamline processes and enforcement.
• Increase public trust: implement education and information programs about justice access and authorities’ competencies.
• Modernize administration: enhance professional capacities and implement judicial information systems.
• Boost integrity and accountability: optimize anti-corruption efforts, ensure a professional and ethical judiciary, and refine disciplinary mechanisms for judges and prosecutors. 

Implementation status

The first monitoring report, produced by the Justice Expert Group (GEJ) of the Institute for European Policies and Reforms (IPRE), offers a detailed analysis of the progress and challenges encountered in implementing this strategy between 2022 and 2023. According to the report, of the 81 actions planned for the period from January 1, 2022, to December 31, 2023, 24.6% were implemented without deficiencies, 11.1% were carried out with minor deficiencies, 19.7% were carried out with substantial deficiencies, 29.6% are ongoing, and 14.8% have not been initiated. Key achievements include enhancing judicial independence, strengthening the Superior Council of Magistracy and the Superior Council of Prosecutors, restructuring the Supreme Court of Justice, and promoting alternative dispute resolution. However, there were delays in implementing secondary legal frameworks for evaluating judges and prosecutors, enforcing penalties, reorganizing the prosecution and judicial maps.

Strengthening judicial and prosecutorial independence

Legislative reforms have strengthened the independence of the judiciary and prosecutor’s office, as well as their institutional capacities. Key changes include restructuring the Superior Council of Magistracy (CSM) and the Superior Council of Prosecutors (CSP). The CSM, which oversees the judicial system by ensuring the independence, accountability, and discipline of judges, now consists of 12 members: 6 career judges and 6 non-judicial members appointed by the Parliament of the Republic of Moldova from civil society. Similarly, the CSP, which oversees the work of prosecutors to ensure their functions are carried out independently and effectively, has a new structure consisting of 13 members, including 4 members from civil society appointed by the President, Parliament, Government, and the Academy of Sciences of Moldova. External evaluation procedures (pre-vetting) for candidates for CSM and CSP membership were initiated. Ex officio members, such as the President of the Supreme Court of Justice, the Prosecutor General, and the Minister of Justice, were excluded to ensure a more independent body. However, delays and legal challenges affected the full implementation of these reforms.

Reform of the Supreme Court of Justice

Another central element of the reform is the restructuring of the Supreme Court of Justice (CSJ). The reform aims to make the Supreme Court of Justice (CSJ) a more effective court of cassation, focusing on law interpretation and judicial practice uniformity. The new CSJ law reconfigures the structure and jurisdictional competencies of this court, reducing the number of judges to 20, including 11 career judges and 9 judges from among professionals (lawyers, prosecutors, academics). As part of the restructuring, all candidates for the position of CSJ judge must undergo vetting to ensure the professionalism, integrity and independence of the CSJ.

Improving integrity: challenges in the vetting process

Beyond pre-vetting for the CSM and CSP, broader vetting processes are being implemented to evaluate the integrity and performance of judges and prosecutors throughout the system. This includes mandatory vetting for appellate court judges, court presidents, specialized prosecutors, and high-ranking officials such as the Prosecutor General and heads of territorial prosecutor’s offices. The “Law on external evaluation of judges and prosecutors” formalizes these procedures to eliminate corruption and enhance public confidence. However, implementation has been slower than expected, and permanent mechanisms to continuously verify the assets and integrity of these professionals are still being developed. To avoid integrity assessments, most CSJ judges resigned, causing an institutional deadlock and complicating the evaluation process. Similar risks now threaten appellate courts and prosecutors undergoing vetting. The CSM and CSP need to develop plans to mitigate these risks and prevent court cases from being blocked.

Digitalization of the judicial infrastructure

The COVID-19 pandemic highlighted the need for technological solutions in the justice sector. The adjustment of the procedural-criminal legal framework to allow court hearings via videoconference significantly contributed to the efficiency of case examination procedures and cost savings. Digitalization projects, such as implementing judicial IT systems and optimizing case management systems, have been initiated. However, delays in finalizing the regulatory framework for the reorganization of the judicial and prosecutor’s office maps, as well as the implementation of key IT systems like e-execution and e-detention, highlight the need for sustained efforts to fully modernize the judicial infrastructure.

Conclusions and outlook

Justice sector reform in the Republic of Moldova has made progress but also faces significant challenges. Strengthening the judiciary’s independence and integrity, improving access to justice, and modernizing judicial infrastructure are key objectives that require continued and sustained commitment. Looking ahead, it is imperative that authorities complete the pre-vetting and vetting processes, ensure transparency and accountability in justice, and continue efforts to digitalize and modernize judicial infrastructure. Only through rigorous and coordinated implementation of these measures can the Moldova achieve an efficient, transparent, and integrity-driven judicial system, capable of ensuring justice for all its citizens.

—

Angela Popil is a lawyer and member of the Group of Justice Experts at the Institute for European Policies and Reforms (IPRE).

Adrian Ermurachi is co-executive director of the Institute for European Policies and Reforms (IPRE).

—

This op-ed is developed within the project “Ensuring the integrity, efficiency and independence of the justice system in Moldova – #JustițiePentruMoldova”, funded by the European Union and co-financed by the Soros Foundation Moldova. The content of the material belongs to the author and does not necessarily reflect the views of the European Union and the Soros Foundation Moldova. The op-ed is also published in the newsletter of the German Economic Team of Berlin Economics.