Judicial system in Moldova is the topic of 2-day conference held under supervision of the Council of Europe

Creation of the National Institute of Justice was discussed during Thursday conference, 16 March, regarding the reform of the judicial system and its compatibility with European standards. The conference started on 16 March and is held under the supervision of the Council of Europe. According to draft bill, drafted by the Ministry of Justice, the National Institute of Justice has the aim to ensure theoretic and practical training of the representatives of juridical positions, as judges, prosecutors, clerks and other workers of the courts. The special representative of the general secretary of the Council of Europe to Moldova, Vladimir Philipov, noted that this institute is necessary for Moldova as it could contribute to increase the qualification and to improve the objectivity while selecting of the persons appointed in vacant positions of judges and prosecutors. According to the deputy minister of justice, Nicolae Esanu, the Council of Europe is the one that recommended to Moldova to create such an institute, assisted financially and logistically while drafting the bill and is ready to support the step of founding this institute. „The need to organise such an institution is that now the judicial system of the country deals with problems regarding efficient trainings in order to get more qualified judges and prosecutors. Thus, within the institute there shall be trained candidates for position of judge or prosecutor, in the same time it will be ensured the continuous training of those who work in the judicial system,” the deputy minister noted. The draft bill also stipulates the right of the institute to train, beside its basic activity, other categories of jurists, according to separate contracts. Training of prosecutors and judges shall. Be financed integrally of the state budget, but for the first step it is counted on assistance of external donors, who showed their availability to contribute with 7 million lei for the ground of this activity. „for the moment there is foreseen only 1 million lei in the budget for starting this project and it is explored the item on finding a building for this institution. Lector of this institute will be professors, judges and prosecutors, and other persons who have an appropriate education,” he mentioned. According to provisions of the law, judges and prosecutors’ training shall start on 1 September 2006. in this context, Nicolae Esanu said there are few chances to start this activity on this date, depending on the discussing process of the law in the parliament. During the conference, the chairman of the Superior Council of Magistrate (CSM), Valeria Sterbet, was against appointing at this institute other categories of jurists according to contracts, as, in her opinion, this fact is against the creation goals of the institute. She also expressed against the total independence of the institute towards governmental structures, and proposed to create it by CSM. Among the attributions of CSM are judges’ education, of the workers of the judicial staff, to approve the professor composition of appointed the judges, she explained. Sterbet proposed to coordinate the activity of the institute with CSM and General Prosecution. CSM chairman noted that when drafting the bill it was not taken into account CSM proposal, CSM objections on this draft were addressed to the legislative. Asked who reasonable are the critics formulated by certain political forces of Moldova and even by certain European institutions, according to which in Moldova the justice is not independent, Valeria Sterbet said that at the recommendation of international bodies and experts of the Council of Europe, it was adopted a legislative framework that is adjusted to international standards. There also shall be drafted certain mechanism of implementing this provisions, she underlined. Organisation of the conference is included in the Joint Program of the European Commission and the Council of Europe for Moldova on supporting democratic reforms in 2004-2006. There are discussed during the conference the laws on the Superior Council of the Magistrate, judicial organisation, judge’s statute and the Supreme Court of Justice, changed and completed recently. Experts of the Council of Europe, representatives of the Ministry of Justice and from other institutions participated in the conference.