CAPC suggests one more strategic justice reform direction

[Info-Prim Neo article from the Series “Justice reform under civil society scrutiny”] The Center for the Analysis and Prevention of Corruption (CAPC) proposes one more direction in the justice reform strategy. “Justice must be regarded as a public service of the state and, to our opinion, pillar No. 7 of the strategy should allow identifying an additional strategic direction that would refer to control over law implementation,” the Center’s head Galina Bostan has told Info-Prim Neo. Experts of the nongovernmental organization say that even the most perfect legal system can be wrecked by the large number of applications to court, generated by the inefficiency of different institutions or the illegalities committed by them. According to Galina Bostan, the courts in Moldova have to deal with a very large number of cases, while the monthly task of a judge includes several dozens of examined cases of pronounced judgments, which is a heavy workload. “This also means that if so many cases get to court, the rights are no respected until they are transferred to court. The law is broken both by the central public authorities and the local ones,” said the Center’s head. Galina Bostan also said that in the post-Soviet period the general supervision conducted by the Prosecutor’s Office was replaced by the control of the disputed claims office, which turned out to be inefficient. “We must not return to general supervision, but should set up a mechanism for controlling the implementation of the law,” she stated. She said that we often hear the phrase “Go to court if you don’t like it”, which is not right according to her. “The law should be observed first of all by the authorities. There should be discussed the possibility of creating a subdivision within the State Chancellery that would periodically monitor how the institutions of the executive implement the law. There should be also laid down periodical self-assessment procedures so that there is internal control. Things should be changed as the people put everything on the legal system’s shoulders,” said Galina Bostan. The justice reform is based on seven main pillars: the judicial system, criminal justice, access to justice and justice enforcement, strengtneing of the justice players’ integrity, contribution of justice to economic growth, respect for human rights in the legal system, and responsibility and coordination of the justice sector.

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