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Joint Programmes - Logframes and Activities

(Joint Programmes)
Moldova-JU   Increased independence, transparency and efficiency of the justice system in the Republic of Moldova

Narrative (Work Plan)
01/10/2006 - 30/06/2010
JP Completed  
Coordinating DG:
DG I Legal Affairs
3 300 000
Documents/Links:
    Intervention Logic Performance Indicators Sources of Verification Assumptions
    Overall Objectives
    (171 Activities) Narrative
    To increase independence, transparency and efficiency of the justice system in the Republic of Moldova.

    The judicial system is improved in accordance with the European standards, set up by the Council of Europe and other International organizations.

    The quality of court decisions is perfected. The confidence and satisfaction of the beneficiaries of the judiciary is increased.

    The number of cases filed against Republic of Moldova before the Court on account of the judicial system malfunctioning is decreased.

    Enforcement of court decisions is substantially improved
     

    Council of Europe reports namely CM and PACE monitoring reports, CPT and CEPEJ reports.

    Reports of the European Commission and/or bodies established by the
    PCA on the progress achieved in the implementation of EU-Moldova Action Plan.

    Project progress reports.

    Publication in the Official Gazette of new legislation adopted /amended.

    International Organizations and NGOs Reports.

    Records of the ECHR
     

    The political commitment to achieve further consistency with the CoE standards and Western judicial model stays unchanged.

    Strong cooperation on the part of the Ministry of Justice, Superior Council of Magistrates, the Prosecutor General Office, Parliament and other stakeholders

    The CoE recommendations are followed
     
    Project Purpose 1      2006/DG1/JP/1678   Moldova-JU - Improved independence, transparency and efficiency of the justice system in the Republic of Moldova 3 300 000 
    The independence, transparency and efficiency of the justice system in the Republic of Moldova are improved and a fair access to justice for all citizens is guaranteed.      
    Expected Result 1.1 Legal framework on the judiciary brought in line with European standards

    Existing legislation is revised, so as to ensure the independence and impartiality of the judiciary, including the impartiality and effectiveness of the prosecution, and to strengthen the general capacity of the judiciary to deal with increasing number of litigations and permanently evolving legislative framework.

    The legislative process is permanently monitored in order to timely identify judiciary-related initiatives and to provide policy advice to all stakeholders at the initial stages of legal drafting.

    Corruption within judiciary is being addressed through drawing up a yearly risk assessment report and a series of legislative and other specially designed measures.

    Council of Europe monitoring reports.

    Reports on the progress achieved in the implementation of EU-Moldova Action Plan.

    Publications in the Official Gazette of new legislation adopted or amended.

    Reports of the High Council of Magistrates and the Minister of Justice.

    SPAI, GRECO and Transparency International reports.

    NGOs reports.
     
    State leadership remains supportive of the further legal reformation of the judiciary.

    Strong cooperation on the part of the Ministry of Justice, Superior Council of Magistrates, the Prosecutor General Office, Parliament and other stakeholders.

    The CoE recommendations are followed
    Expected Result 1.2 Legislation on the selection, training, recruitment, appointment and promotion of judges and prosecutors adopted and implemented.

    The National Institute of Justice is fully operational.

    A legal framework for the selection, training, recruitment, appointment, promotion and discipline of judges and prosecutors is adopted in accordance with CoE standards.

    A training structure is created by the model of European training centres through the adoption of a corresponding organic law and approval of an organizational structure and appropriate state budget allocations.

    Requests from Moldovan authorities for assistance with regard to the set up of the National Institute of Justice, especially on its technical equipment, drawing up of a comprehensive curricula on initial training of perspective candidates and vocational training of acting judges, prosecutors and other legal pr

    Council of Europe monitoring reports

    Publication in the official Gazettes of new legislation adopted or amended

    Reports of the High Council of Magistrates, Prosecutor General Office, and the Minister of Justice.

    NGOs reports
     
    Political will of the Moldovan authorities

    Strong Cooperation on the part of the Ministry of Justice, Superior Council of Magistrates, the Prosecutor General Office, Parliament.

    Law on the National Institute of Justice is adopted and the Institute is set up.

    The CoE recommendations are followed
    Expected Result 1.3 Administration of justice improved. Capacity of the Superior Council of Magistrates and Ministry of Justice with regard to the administration of justice strengthened.
    A new legal framework for the Ministry of Justice is adopted in order to clarify its role and competences in administration of justice.

    Administrative and human capacity of the Supreme Council of Magistrates’ Apparatus is increased, in order to guarantee through its functionality self-administration of the judiciary and independence of judges.

    Efficiency in managing case-loads and the judicial process improved.

    Ability of judges to access and apply relevant information on current legislation and judicial decisions, nationally and internationally, improved.

    Further develop co-operation between Moldova and EU/CoE Member States judicial authorities.

    Council of Europe monitoring reports

    Reports of the High Council of Magistrates and the Minister of Justice.

    Court statistics.
     
    Political will of the Moldovan authorities.

    Strong commitment for cooperation on the part of the Superior Council of Magistrates and Ministry of Justice.

    The CoE recommendations are followed
    Expected Result 1.4 Transparency of the judicial system reinforced. Citizens confidence is improved.

    Corresponding legislative and organizational actions are implemented in order to increase transparency of justice.

    Citizens awareness in justice related matters is increased. Population is more confident in the independence of justice and correctness of judgments

    Access to legal information for all citizens and organizations is substantially improved. Legal databases are open to a larger number of users.

    Assistance is given to the judiciary for the building of a case-law according to the European court tradition. The decisions of the Courts are public and made available through different means: website, publications, booklets.

    Writing of court decisions and rulings is brought

    Council of Europe monitoring reports

    Reports of the High Council of Magistrates and the Minister of Justice.

    Information from the Bar Association.

    Availability of court decision on internet or on paper or CD versions.

    NGOs reports
     
    Political will of the Moldovan authorities.

    Strong commitment for cooperation on the part of the Superior Council of Magistrates and Ministry of Justice.

    The CoE recommendations are followed
    Expected Result 1.5 Access of citizens to justice is improved. Free legal aid system is adopted and implemented

    The strategy for effective implementation of European legal aid standards is defined.

    As soon as the Law on the state guaranteed legal aid is adopted, institutions implementing free legal aid system are supported throughout the start up period.

    Citizens are better informed on the right of access to justice and availability of legal aid services.

    Council of Europe monitoring reports.

    Reports of the Ministry of Justice and the Free Legal Aid Administration Board.

    Information from the Bar Association.

    NGOs reports and opinion polls.
     
    Political will of the Moldovan authorities

    Strong commitment for cooperation on the part of the Superior Council of Magistrates and Ministry of Justice.

    The CoE recommendations are followed
    Expected Result 1.6 Capacity of auxiliary court personnel (court clerks, judges’ councillors, registars, etc.) strengthened
    Greater ability of all legal auxiliary court personnel to apply and interpret legislation, use case-law, draw up court documentation and assist judges is assured.

    Use of IT equipment in daily work of auxiliary court personnel brought up.
    Time of case handling reduced and put within reasonable limits.

    Council of Europe monitoring reports

    Reports of the High Council of Magistrates and the Minister of Justice.

    Court statistics.
     
    Political will of the Moldovan authorities

    Strong Cooperation with the Ministry of Justice and Superior Council of Magistrates.
    Expected Result 1.7 Lawyers’ profession is reinforced.

    Independence and self-administration of lawyers’ profession are reinforced by legislative and organisational measures targeting increased authority and competences of the Bar.

    Lawyers’ rights in the exercise of their clients defence are brought in line with European standards and best practices. Procedural legislation in revised accordingly.

    Bar Association is provided with assistance in dealing with issues related to selection, training and acceptance to the profession; vocational training of lawyers; financial sustainability of the profession and guaranteeing liability of lawyers towards their clients etc.

    Code of Ethics for Lawyers is implemented according to CoE experts’ recomm

    monitoring reports.

    Reports of the Ministry of Justice and Bar Association.

    International Organizations, NGOs reports and opinion polls.
     
    Political will of the Moldovan authorities

    Strong commitment for cooperation on the part of the Bar Association, Ministry of Justice and Parliament.

    The CoE recommendations are followed
    Expected Result 1.8 Reform of the Prosecutor General Office completed. The new Criminal Procedure Code amended and brought closer to CoE standards
    Legislation on General Prosecutor Office and the Criminal Procedure Code is in line with European standards.

    Professional stability and independence of prosecutors from political influence guaranteed.

    Disciplinary Statute of prosecutors is adapted to European standards and properly implemented

    Council of Europe monitoring reports

    Publication in the official Gazettes of new legislation adopted or amended

    Reports of the Prosecutor General Office

    NGOs reports
     
    Political will of the Moldovan authorities

    Strong Cooperation with the Ministry of Justice, Prosecutor General Office and the Parliament.

    The CoE recommendations are followed
    Expected Result 1.9 Enforcement of judicial decisions improved

    A strategy for improving performance in the enforcement of court judgments is developed.

    Proper training curricula for bailiffs is developed and incorporated into the program of the NIJ.

    Department for Enforcement of Judicial Decisions assisted in developing best practices for the implementation of the new Enforcement Code.

    Strengthening human and administrative capacity of the Department for Enforcement of Judicial Decisions.

    A code of conduct for bailiffs adopted.

    Citizens are more confident that the court decisions will be implemented.

    Council of Europe monitoring reports

    Publication in the official Gazettes of new legislation adopted or amended

    Reports from the Ministry of Justice and Department for Enforcement of Judicial Decisions

    NGOs reports
     
    Political will of the Moldovan authorities

    Strong Cooperation with the Ministry of Justice and Department for Enforcement of Judicial Decisions.

    The CoE recommendations are followed
    Project Purpose 2      2006/DG1/JP/1679   Moldova-JU - Management 0 
    Project management.      
    Expected Result 2.1 Project management team

     
    Expected Result 2.2 Steering Committee meetings



     
    Expected Result 2.3 Overheads

     
    Expected Result 2.4 Audit & Evaluation

     
    Expected Result 2.5 Service providers

     
    Expected Result 2.6 .

     
    Expected Result 2.7 .

     



     
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