Justice Sector Reform Strategy 2011-2016

Title of the measure according to the Action Plan under the Justice sector reform strategy Responsible institution/contacts, public budget and needs External asistance (donors) Civil society assistance Period of Assistance
7.2.2. p. 4 Producing a manual on drafting of normative acts

Timeframe:

Quarter I-IV, 2012

Level of implementation of the action:

Partly implemented.

Ministry of Justice

-

TA

EU TAP N.1 -
7.2.2. p. 3 Develop the normative framework on the ex-ante evaluation methodology

Timeframe:

Quarter IV, 2011 - Quarter II, 2012

Level of implementation of the action:

Partly implemented.

Ministry of Justice, State Chancery

-

TA

EU TAP N.1 (partially) -
7.2.1. p. 3 Conduct national assessments of the quality of legal education (other than the university one) in Moldova in accordance with the good European practices

Timeframe:

Quarter I, 2015 - Quarter IV, 2016

Level of implementation of the action:

Unimplemented

Ministry of Education, Ministry of Interior, Intelligence Service

-

TA

- -
7.2.1. p. 2 Update the programs and include new methods of teaching in the higher legal education in accordance with the good European practices and Bologna principles, including assure the unifying of the university programs for law faculties

Timeframe:

Quarter I, 2015 - Quarter IV, 2016

Level of implementation of the action:

Partly implemented

Ministry of Education, higher education institutions

-

FA and TA

EU TAP N. 1

 


-
7.1.6. p. 1 Conceive and implement an integrated information system for the collection, analysis and exchange of information about the implementation of the reform

Timeframe:

Quarter I, 2012 - Quarter IV, 2013

Level of implementation of the action:

Implemented.

Ministry of Justice

-

TA

 

EU TAP N. 1


-
7.1.4. p.3 Training the staff of institutions involved in the justice sector reform to ensure its active participation in implementing the reform

Timeframe:

Quarter IV 2012 - IV 2016.

 Level of implementation of the action:

Implemented (for the reporting period).

Justice sector institutions

-

TA

- -
6.5.9. p. 2 Creation and application of the mechanism for monitoring the educational and occupational activities and other social activities provided to detainees

Timeframe:

Quarter IV, 2014 -Quarter IV, 2016

Level of implementation of the action:

Insufficient allocation for implementing the action

Penitentiary Department

20,0 thousand lei

FA

EU TAP N.4
 NORLAM
-
6.5.8.p.3 Develop and implement new cognitive-behavioral programs for detainees

Timeframe:

Quarter III, 2015 -Quarter IV, 2016

Level of implementation of the action

Insufficient allocation for implementing the action

Penitentiary Department

2105,0 thousand lei

FA and TA

EU TAP N.4
Terres des Hommes.
The organization plans to have activities which are tangential to those specified in the list, but for can not assume the total implementation/ funding the activities in the form indicated in this list.
6.5.7. p.1 Developing / modification of ethics codes for the probation counselor and employee in the penitentiary system

Timeframe:

Quarter II, 2013 -Quarter IV, 2013

Level of implementation of the action

Insufficient allocation for implementing the action

Penitentiary Department

-

TA

EU TAP N.4 -
6.5.4. p. 2 Develop and distribute information materials designated for the public at large (brochures, posters) on the role of the probation in assuring community security

Timeframe:

Quarter I, 2013 -Quarter IV, 2016

Level of implementation of the action:

Partly implemented (for the reporting period).

Ministry of Justice

100,0 thousand lei

FA (estimated cost 100,0 thousand lei)

EU TAP N.4 -
6.5.3. p. 8 Train probation staff in using behavior correction programs

Timeframe:

Quarter I, 2013 -Quarter IV, 2016

Level of implementation of the action:
Partly implemented (for the reporting period).

Ministry of Justice, Ministry of Labor, Social Protection and Family, National Institute of Justice

300.0 thousand lei

FA and TA (40,000 thousand lei)

EU TAP N.4 -
6.4.6. p. 2 Develop services for rehabilitating victims of torture and other ill-treatments

Timeframe:

Quarter I, 2012 -Quarter IV, 2014.

Level of implementation of the action:

Unimplemented.

Ministry of Justice, Ministry of Labor, Social Protection and Family

-

-

UNDP Moldova -
6.4.2.p.3 Develop and implement plans for construction or reconstruction of premises of the detention facilities

Timeframe:

Quarter I, 2014 – Quarter IV, 2016

Level of implementation of the action:

Not implemented because of insufficient funds

Penitentiary Department

100700,0 thousand lei

FA 

EU TAP N.4 -
6.4.1.5 Monitoring the application of legal provisions on preventive measures and other procedural measures of constraint

 

Timeframe:

Quarter IV, 2014

Level of implementation of the action:

Not implemented.  



 

 

Ministry of Justice, Superior Council of Magistrates, Superior Council of Prosecutors, Ministry of Internal Affairs, National Anticorruption Centre, Customs Service

-

TA and FA

NORLAM -
6.3.5. p. 2 Collect and process the data on the children who come in contact with the justice system, publish them on an annual basis on the webpages of the responsible public authorities

Timeframe:

Quarter I, 2013 - Quarter IV, 2016.

Level of implementation of the action:

Partial implementation (for the reporting period).

Ombudsman, Ministry of Interior, General Prosecutor’s Office, Ministry of Justice, Superior Council of Magistracy, Ministry of Labor, Social Protection and Family, National Statistics Bureau

-

-

- -
6.3.4. p.6 Development and implementation of general education and vocational programs for children in detention

Timeframe:

Quarter III, 2012 – Quarter IV, 2016

Level of implementation of the action:

Not implemented.

Penitentiary Department

433,0 thousand lei

FA and TA

EU TAP N.4
NORLAM
-
6.3.3. p. 4 Train juvenile probation counselors

Timeframe: Quarter I, 2013 - Quarter IV, 2016.

Level of implementation of the action:

Implemented (for the reporting period).

National Institute of Justice, Ministry of Justice

-

-

EU TAP N.4
NORLAM (partly)
Terres des Hommes.
The organization plans to have activities which are tangential to those specified in the list, but can not assume the total implementation/ funding the activities in the form indicated in the list.

6.3.1. p.3 Organizing initial and / or continuous training courses for persons who work with children in contact with the justice system

Timeframe:

Quarter I ,2014 –Quarter IV, 2016

Level of implementation of the action:

Implemented for the reported period

Penitentiary Department

120,0

TA

EU TAP N.4 -
6.2.4. p. 1 Conduct a study of the work of the ombudsman for child’s rights, including the adequacy of creating the institution of the child’s ombudsman as a separate institution

Timeframe:

2013.

Level of implementation of the action:

Unimplemented.

Ombudsman’s Office

Within the annual budget approved

TA (estimated cost 130 thousand lei)

- -
5.2.2. p. 3 Develop the manual of the authorized administrator

Timeframe:

Timeframe expired in December 2013.

Level of implementation of the action:

Unimplemented.

Ministry of Justice UAA SCM

-

TA

- -
5.2.2. p. 3 Develop the manual of the authorized administrator

Timeframe:

Quarter I - IV, 2013

Level of implementation of the action:

Unimplemented.

National Institute of Justice, Ministry of Justice, Ministry of Economy

-

FA and TA (estimated cost 135,00 thousand lei)

- -
5.2.2. p. 2 Organize training courses for the authorized administrators

Timeframe:

Quarter I, 2013 - Quarter IV, 2014

Level of implementation of the action:

Unimplemented.




National Institute of Justice, Ministry of Justice

-

FA (estimated cost 121.08 thousand lei).

- -
5.1.3. p. 2 Produce and disseminate promotional materials on the alternative dispute settlement mechanisms (video ads, publications, brochures, information panels, guides, manuals, flyers etc.)

Timeframe:
Quarter I, 2013 –Quarter IV, 2016
Level of implementation of the action:
Partially implemented

Ministry of Justice, Mediation Council, Chamber of Commerce and Industry, National Institute of Justice, Superior Council of Magistracy, Bar Association

-

-

- -
5.1.3. p. 1 Campaigns for informing the public and justice sector players about the benefits of using the alternative dispute settlement mechanisms, held via the media and the internet

Timeframe:

Quarter I 2013 - Quarter IV 2016

Level of implementation of the action:

Implemented (for the reporting period).

Ministry of Justice, Mediation Council, Chamber of Commerce and Industry Moldova, National Institute of Justice, Ministry of Justice, Bar Association, LPA

1 000 000,000 mlln lei

FA and TA (estimated cost 1000000, 000 mlln de lei)

- -
5.1.2. p. 6 Develop methodical recommendations and guidelines for applying alternative dispute settlement mechanisms

Timeframe:

December 2014.

Level of implementation of the action:

Unimplemented

Ministry of Justice, Mediation Council

-

TA


- Transparency International - Moldova
4.2.3. p. 2 Organize and hold training courses for the members of the bodies authorized to investigate professional ethics infringements

Timeframe:

Quarter II 2013 - 2016.

Level of implementation of the action:

Unimplemented (for the reporting period).

National Institute of Justice, Ștefan cel Mare Academy, unions of professions related to the justice system

28,82 thousand lei

FA and TA (estimated 39,460 thousand lei)


EU TAP N.4 -
4.2.2. p. 2 Organize and hold trainings in professional ethics for justice sector representatives

Timeframe:

2013 - 2016.

Level of implementation of the action:

Implemented (for the reporting period)

National Institute of Justice, Ștefan cel Mare Academy, unions of professions related to the judiciary

60,02 thousand lei

FA and TA (estimated cost 52,502 thousand lei)

EU TAP N.4
NORLAM (partly)
-
4.1.3. p. 4 Conduct a survey of the public tolerance to acts of corruption in the justice sector

Timeframe:

25 December 2015.

Level of implementation of the action:

Partly implemented.

Ministry of Justice, Superior Council of Magistracy

187.9 thousand lei

FA (estimated cost 187.9 thousand lei)

- -
3.3.5 p. 1 & 3.3.1 p. 1 Conduct a study of the efficiency of the existing mechanism for recognizing and enforcing foreign court judgments

Timeframe of implementation:

Quarter 3 2012

Level of implementation of the action:

Unimplemented.

Ministry of Justice, National Union of Court Bailiffs, Superior Council of Magistracy

-

FA or TA

EU TAP N.4 Transparency International - Moldova
3.2.2 p. 2 Develop a collection of sample acts to be prepared by the bailiff

Timeframe:

Quarter I 2013 -Quarter II 2014

Level of implementation of the action:

Unimplemented.

Ministry of Justice UNEJ

-

TA

EU TAP N.4 -
3.1.3. p. 8 Hold public information campaigns on the state guaranteed legal aid

Timeframe: Permanent.

 

Level of implementation of the action:
Implemented (for the reporting

National Council for State Guaranteed Legal Aid, Ministry of Justice, Bar Association, “Teleradio - Moldova” Broadcaster

141,65 thousand lei (for 2016)

TA (estimated amount 50 thousand lei)

- -
3.1.3. p. 7 Implement new primary legal assistance methods through the pilot projects.

Timeframe: Quarter II 2016.

 

Level of implementation of the action:
Unimplemented.

National Council for State Guaranteed Legal Aid

-

FA and TA (estimated amount 456.455 thousand lei)

- -
3.1.3. p. 6 Conduct study on the need for a new method of primary legal assistance

Timeframe: Quarter II 2015.

 

Level of implementation of the action:
Not implemented

National Council for State Guaranteed Legal Aid, Ministry of Justice

40 thousand lei

FA and TA (estimated amount 62 thousand lei)

- -
3.1.2.8 Develop criteria (standards) for establishing the complexity of the administrative , civil or administrative procedure cases from the point of view of the substantive or procedural law for which qualified state guaranteed legal aid is provided to the persons who do not have money to pay for the services

Timeframe: Quarter II 2012.

 

Level of implementation of action: Partly implemented.

National Council for State Guaranteed Legal Aid, Ministry of Justice, Ministry of Labor, Social Protection and FamilyNational Council for State Guaranteed Legal Aid, Ministry of Justice, Ministry of Labor, Social Protection and Family

1228, 36 thousand lei (for 2016)

FA (estimated amount 271.2 thousand lei)

- -
3.1.2. p. 5 Training and continuous methodic assistance to the persons authorized to provide state guaranteed legal aid

Timeframe: Quarter IV 2014.

 

Level of implementation of the action:
Implemented.

National Council for State Guaranteed Legal Aid, Bar Association, National Institute of Justice

407,065

FA (estimated amount 233 thousand lei)

NORLAM -
3.1.2. p. 3 Monitor the quality of state guaranteed legal aid

Timeframe:

Quarter IV 2014.

Level of implementation of the action:

Implemented

National Council for State Guaranteed Legal Aid, Bar Association,

-

FA (estimated amount 200.677 thousand lei)

NORLAM (partly) -
2.5.1 p.4 Monitor the implementation of the changes related to the liberalization of criminal policies by using non-custodial sanctions and prevention measures for certain categories of persons and certain crimes

Timeframe:

Quarter II 2014 - Quarter IV 2016

Level of implementation of the action:

Unimplemented.

Ministry of Justice

-

TA

NORLAM -
2.3.5. p. 2 Organize specialization courses for the players involved in the pretrial phase

Timeframe:

Quarter II 2014 -2016

Level of implementation of the action:

Implemented (for the reporting period).

General Prosecutor’s Office, Ministry of Interior, National Anticorruption Center, Customs Service

-

FA and TA (estimated amount 1 410 800 lei)

EU TAP N.2 -
2.3.1. p.7 Create mobile criminalistics labs (in the center, north and south of the country)

Timeframe:

Quarter I 2015 -Quarter IV 2016

Level of implementation of the action:

Partly implemented.

Ministry of Interior

12 mlln lei

TA

UNDP Moldova -
2.3.1. p.2 Organize training and retraining courses in the modern methods of investigation and prosecution for the workers involved in criminal investigation

Timeframe:

Quarter I 2013 - IV 2016

Level of implementation of the action:

Implemented (for the reporting period).

General Prosecutor’s Office, Ministry of Interior, National Anticorruption Center, Customs Service, Intelligence Service

-

FA and TA (estimated amount  1342 062,6 lei)

EU TAP N.2 International Centre ”La Strada” Moldova
2.3.1 p. 5 Procure modern equipment necessary for research and investigations within judicial expert examinations

Timeframe:

Quarter I 2013 -Quarter IV 2016

 

Level of implementation of the action: Partly implemented.

Ministry of Justice, (National Center for Judicial Expertise)

953,0 thousand lei

TA (estimated amount 2500,0 thousand lei)

- -
2.2.7. p. 3 Increase the efficiency of management and improve the practical and regulatory system of administration of the prosecution and the strategic budget analysis

Timeframe:

Quarter II 2013 - IV 2016

Level of implementation of the action:

Partly implemented.

General Prosecutor’s Office, Superior Council of Prosecutors, Ministry of Justice, National Institute of Justice

-

FA and TA (estimated amount 413 682 lei) 

EU TAP N.2 -
2.2.6. p. 6 Strengthen the institutional capacities of the prosecution, including examine the adequacy of edifying one common building for all the General Prosecutor’s Office divisions and the prosecution bodies of Chișinău; construct/renovate the premises of the prosecution in the entire country.

Timeframe:

Quarter IV 2012 -IV 2014

Level of implementation of action:

Partly implemented

General Prosecutor’s Office, Superior Council of Prosecutors, Ministry of Regional Development and Constructions

35,6 thousand lei

FA (estimated amount 26 000 000 lei) 

- -
2.2.6. p. 5 Strengthen security systems in prosecution buildings

Timeframe:

Quarter IV 2012 - IV 2014

Level of implementation of the action:

Partly implemented.

General Prosecutor’s Office, Superior Council of Prosecutors, Ministry of Interior

35.6 thousand lei

FA (estimated amount 5 223 400 lei)

Description of the situation, of the problems and barriers that determine including the action in the List:

The General Prosecutor’s Office has concluded a range of contracts with the Security and Guardian Service of the MoI for mounting, starting and regulating the technical security means. This action is to be fully implemented after the passing of the law on prosecution and optimization of the prosecution structures. At the same time, the lack of funds is invoked.

Description of needs - type and specifics of action (financial, technical, expertise etc.):

Financial assistance for installing security systems and their maintenance in 49 buildings.


- -
2.2.6. p. 4 Reform and strengthen the structures and systems of interaction of prosecution bodies with the public

Timeframe:

Quarter IV 2012 - IV 2014

Level of implementation of the action:

Unimplemented.

Ministry of Justice, General Prosecutor’s Office, Superior Council of Prosecutors

35.6 thousand lei

FA and TA (estimated amount 280 000 lei)

EU TAP N.2 -
2.2.3. p.1 Draft and amendment to the Law nr.294-XVI of 25 December 2008 on the Prosecution that would establish a separate budget, necessary number of administrative staff and allocate a building for the Superior Council of Prosecutors

Timeframe:

Quarter IV 2011 - Quarter III 2013

Level of implementation of the action:

Implemented.

Ministry of Justice, General Prosecutor’s Office

105.7 thousand lei

FA and TA (estimated amount 6 257 800 lei)

- -
1.3.10. p. 4 Hold initial and continuous training courses of judicial assistants

Timeframe:

Quarter III 2012 - Quarter IV 2016

Level of implementation of the action:

Implemented (for the reporting period).

National Institute of Justice, Superior Council of Magistracy

715.87 thousand lei

FA and TA (estimated amount 5,000 thousands lei)


UNDP Moldova -
1.3.1. p. 7 Complete the reconstruction of the premises of the National Institute of Justice to assure adequate conditions of training for judges, prosecutors and other justice sector representatives

Timeframe:

Quarter I 2013 - Quarter IV 2016

Level of implementation of the action:

Unimplemented (for the reported period).

National Institute of Justice

5000,0 thousand lei

 TA (Estimated amount -5,000.00 thousand lei)



- -
1.2.5. p. 2 Monitor the implementation of the legislative amendments on the use of means of appeal

Timeframe:

Quarter III 2012 - Quarter IV 2016

 Level of implementation of the action:

Unimplemented (for the reporting period).

Ministry of Justice, Superior Council of Magistracy, General Prosecutor’s Office

-

TA (estimated amount 2240 USD)

EU TAP N.3 Transparency International  - Moldova
1.2.2. p. 4 Provide technical support to each court for using the Integrated Case Management System

 Timeframe:

Permanent.

Level of implementation of the action:

Implemented (for the reported period).

 

Superior Council of Magistracy, Ministry of Justice, Center for Special Telecommunications

1000.0 thousand lei

TA (estimated amount 500.0 thousand lei)

- -
1.1.6. p. 5 Conduct a study on the initial term of appointment of judges and criteria of selection of judges of the Supreme Court of Justice, taking into account the international standards and the best practices in the area

Timeframe:

30 December 2015 (extended).

Level of implementation of the action:

Partly implemented.

Ministry of Justice, Superior Council of Magistracy

-

TA (estimated amount 200.0 thousand lei)

Eu TAP N.3
NORLAM (partly)
-
1.1.3. p. 4 Organize an information campaign about the manner of operation of the judicial system

Timeframe:

Quarter I 2012 - IV 2016.

Level of implementation of the action:

Implemented (for the reporting period).

Superior Council of Magistracy, Ministry of Justice

-

-

- -
1.1.12. p. 9 Allocate a building to the Superior Council of Magistracy and allocate funds for its renovation and proper use

Timeframe:

Quarter III 2013- IV 2016.

Level of implementation of the action:

Implemented (for the reporting period).

Superior Council of Magistracy, State Chancery

-

-

- -
1.1.10. p. 1 Conduct a study of the international practices in the area of regulation of the manner of operation and organization of the judicial system in view of drafting a single law.

Timeframe:

1 December 2015.

Level of implementation of the action:

Unimplemented (for the reporting period).

Ministry of Justice, Superior Council of Magistracy

200.0 thousand lei

FA (estimated amount 200.0 thousand lei)

- -