Moldova – annual report 2023

Details
Published: September 4, 2024

Strategic Framework

Legal Policy Starting Point

The Republic of Moldova is seeking to join the European Union and was granted EU candidate status in June 2022. In December 2023, the European Council decided to open accession negotiations with the Republic of Moldova. The rule of law reforms are therefore focused on the desired EU integration. The nine recommendations of the European Union, which were issued prior to granting EU candidate status, provide guidance in this regard. The Republic of Moldova has developed an action plan to implement these recommendations. A key point is the continuation of judicial reform, which also includes a comprehensive vetting procedure to assess the personal and professional integrity of judges and public prosecutors. Other important areas of the reforms concern the fight against corruption and the protection of vulnerable groups. Chapters 23 (Judiciary and Fundamental Rights) and 24 (Justice, Freedom and Security) of the European Union’s acquis communautaire form the core of the reforms and the consultations of the Moldovan partners.

Overall Concept

In the reporting year, IRZ received special funds from the German Bundestag to support the EU integration of the Republic of Moldova, Ukraine and Georgia, which were used for bilateral projects and measures with participants from all three partner states. As the reform recommendations formulated by the European Commission in the context of EU integration exhibit significant similarities for all three countries, the focus of these measures was on combating corruption and ensuring judicial independence. IRZ prioritized cooperation with the Parliament and the Ministry of Justice of the Republic of Moldova in this regard. The German Bundestag was involved in three measures with a large number of Members of Parliament. A noteworthy event was the conference of parliamentary legal committees, which took place in the Reichstag in September. Two study trips on combating corruption and ensuring judicial independence were supported by the federal states of North Rhine-Westphalia and Lower Saxony, with the personal involvement of each state’s Ministers of Justice.

One focus of further bilateral cooperation is the implementation of the Administrative Code of the Republic of Moldova, for which IRZ played a key role in advising the Moldovan partners during its development. In the reporting year, expert discussions were held on the revision of the code as well as training sessions on its implementation. At the request of the Moldovan partners, IRZ was also able to follow up on earlier consultations on the Moldovan penitentiary reform.

Focus of Activity in 2023

Public Law

  • Expert opinion on the “ex-post analysis” of the Administrative Code of the Republic of Moldova
  • Two online expert discussions on the implementation and revision of the Administrative Code of the Republic of Moldova
  • Working visit on the implementation of the Administrative Code of the Republic of Moldova in Bonn
  • VI Conference of the Parliamentary Legal Committees in cooperation with the German Bundestag on EU legal harmonization in the Republic of Moldova, Ukraine and Georgia in Berlin Administration of justice

Administration of Justice

  • Working visit by a delegation from the Ministry of Justice of the Republic of Moldova on the implementation of Chapters 23 and 24 of the acquis communautaire in Berlin
  • Expert discussions on the independence of the judiciary (for Moldova, Ukraine and Georgia) in Lower Saxony and Berlin
  • Advisory visit by an expert on EU law approximation to the Ministry of Justice and the Parliamentary Committee on Legal Affairs in Chişinău
  • Comparative legal study on legal regulations for the assignment of court interpreters

Criminal and Penitentiary Law

  • Expert discussions on combating corruption and strengthening special investigation services (for Moldova, Ukraine and Georgia) in North Rhine-Westphalia (Düsseldorf, Wuppertal, Bochum) and Berlin
  • Expert opinion on the draft amendment to the Moldovan penitentiary system
  • Online expert discussion on the assessment of the draft amending law on the Moldovan penitentiary system

Outlook

With the start of accession negotiations, EU legal harmonization remains at the forefront of IRZ consultations for the Republic of Moldova. In accordance with the recommendations of the European Commission, the focus will be on further strengthening the independence of the judiciary, for example through closer cooperation with the Superior Council of Magistracy, as well as on supporting the fight against and prevention of corruption – with the National Anticorruption Center and the Anti-Corruption Prosecutor’s Office as partners. The further deoligarchization aimed for in the recommendations will also be a subject of discussions. Additionally, IRZ will continue to provide advice on the methodology of aligning national law with European Union law, addressing both general methodological issues and the harmonization of specific Moldovan draft laws under EU law. In 2024, IRZ will also capitalize on synergies with cooperation in Ukraine and Georgia, particularly given the renewed allocation of the aforementioned special funds by the German Bundestag for all three countries. IRZ will support the implementation of the Administrative Code by providing further training for judges and, where appropriate, administrative staff. Depending on the requirements of its partners, IRZ will carry on its consultations on the Moldovan penitentiary reform or advise on the implementation of the new penitentiary code that is to be adopted.