American Bar Association found that corruption and pressure on justice continue to be Moldova’s most serious problems

Corruption and interference in the judicial branch continue to be the most serious problems for Moldova, the report on the Indexes of Justice Reform for Moldova of the American Bar Association/ Rule of Law Initiative shows. It was presented in Chisinau on Friday, June 29. The allegation that many judges are corrupt is widely spread in Moldova but there are no real proofs for supporting this supposition, the report says. However, it mentions that some judges have expensive houses and cars and it is not possible to buy these goods with relatively modest salaries. Also, non-execution of almost a half of the court decisions in civil and administrative cases continues to be a serious problem. Furthermore, the unjustified delay in executing the decisions made Moldova lose a series of cases at the European Court of Human Rights for violating the European Convention of Human Rights and Fundamental Freedoms. Among the positive evolutions of the legal system in Moldova, the report names the diminution of the broad immunity that the judges had in their responsibility for the caused damages, by adopting a decision which subsequently contains mistakes. In 2006, the Parliament imposed personal responsibility on anyone, including judges and prosecutors, whose activity was a ground for the decisions of ECHR. Later, the Parliament extended the personal responsibility of the judges in order to allow the state to recoup the compensation paid for violating human rights and fundamental freedoms guaranteed by the Constitution and international treaties that Moldova signed. Director of the Initiative for Moldova Corrine Smith mentioned that the report is a ground for evaluating the pace of the reform in justice. The report is extremely important and opportune for Moldova in light of the subsequent reforms planned by the leadership of the legal system of Moldova, she said. The report analyses to what extent the legal system of Moldova is adjusted to the international standards, analyses the pace of the reforms in justice and identifies the strong points and major problems. According to the report, judges in Moldova continue to confront with significant challenges, although the full impact of the recent amendments to the laws governing the judicial branch is to be determined. ABA/ Rule of Law Initiative is a project which supports the law reform and provided technical assistance to over 40 countries. Having over 413 active members, the Association is the largest voluntary professional organisation in the world and provides assistance in the administration of the legal system, promotes programmes by means of which lawyers and judges are helped in their activity, accredits law schools, offers continuous legal instruction and works for strengthening understanding of the importance of rule of law in a democratic society. The report was financed by the US Government via the US Agency for International Development (USAID).