Quarterly Monitoring Report

Transcription

1 Strengthening Civil Society Monitoring Capacity in Moldova Quarterly Monitoring Report (to be submitted within 10 days of the month following the quarter for which the grantee is reporting) Organization EX LEGE Agency for Supporting Judicial Education and Law Bodies Project Title Monitoring the capacity building of judiciary system in preventing and combating corruption Project Period Start: Completion: Reporting Quarter From: To: Report prepared by Căpăţână Alina Contact Information This Quarterly Monitoring Report Template is made in accordance with the AED rules and regulations, so that all the quarterly reporting of the grantees corresponds to a unique set of criteria, both as structure of presenting the information and as content. The use of the unique methodology to calculate the indicators will ensure comparability of results at the national scale, among different domains of activity, as well as at the international level. The report consists in monitoring of the Public Institutions performance and efforts in combating corruption, and more exactly in monitoring the implementation of the specific measures envisioned in the Threshold Country Plan and in the Government Decision No.32/2007; Monitoring of the TCP domain in accordance with the Threshold Country Plan and Government Decision No. 32 (This part deals with monitoring the implementation of the specific measures envisioned in the Threshold Country Plan and in the Government Decision No.32/2007: 1.1. This paragraph is dedicated to identifying the Current Status of TCP Deliverables, on the basis of the Threshold Country Plan and the Government Action Plan (Gov. Dec. 32). The table below presents the Hard Data with deadlines of specific objectives and activities envisioned and the status quo of the concrete steps undertaken on the basis of concrete indicators (such as: elaboration or adoption of a normative act, existence of a Code of Ethics, etc.). This part is to identify the extent to which the Government/public institutions calendar is respected. Table 1. Current Status of TCP Deliverables 1

2 The table below shows an example (on the basis of the measures that are to be implemented by the Customs Service) of filling in the Table.1 (with special accent on the Column no.3 which shows a theoretical model of current statues description with regard to TCP/GD.32 activities. Table 1. Current Status of TCP Deliverables TCP and GD32 actions Initial deadline Current status (Timeframe compliance or non-compliance) Monitoring the capacity building of judiciary system in preventing and combating corruption I. Probity insurance, quality improvement, increasing efficiency and transparency of the judicial decisions 1. Elaboration of technical conditions and creation of the soft for informational judicial system 2. Launching the web page of the appeal courts 3. Creating the web page of the all judicial instances 4. Placing the information on the web pages of the appeal courts regarding the activity of the circumscription s judges and judges There was elaborated the project of Concept System Judicial Information, that was examined at the Government meeting from and approved by the Government Decision nr.776 from At the same time the Program for a Good Governance (IP-3) started the elaboration works of functional standards for the electronic Program of administrating the files. The Program has finished the elaboration of activity examples and actions within the instances. The models gives details to each took action by the judicial employee in the process of document circulation, as well as each document used by the judges in doing his activities. Information form these models will be used to elaborate the electronic Program administrative complex of the files There were elaborated technique conditions for soft creation, web pages, which were finished and approved within the technique work group meeting from There were launched web pages of appeal courts. On these pages were placed information regarding the list of files proposed for examination, the date and the place of its examination. At the moment it s under placing on the web pages of appeal courts of each information about their activity At the moment there were created web pages in all pilot-instances: Appeal Court of Chisinau, law Courts Comrat, Rezina, Ungheni. Simultaneously it s working on finishing the web pages in all judicial instances. The technique work group of the Informational Center Judicial of the Ministry of Justice effectuates this activity. At the moment it s working on the tasks from Notebook / At the moment it s placed on the web pages of Appeal Permanently Courts, information regarding the list of files suggested for examination. There was effectuated a big volume of work on the Appeal Courts Balti and Chisinau. The Minister of Justice, Mr. V.Pirlog has launched a letter to SCM, Appeal Courts of Chisinau, Balti, Bender, Cahul, Comrat and the Economic Appeal Court through which was communicated the following: in the context of realizing the actions foreseen in the TCP Program of Republic of Moldova within USA Program Millennium Challenges, in 2007 MJ has elaborated and made function the web page of appeal courts, that may be accessed on as well as on the official page of MJ: In the period , with the support of the 2

3 5. Standard elaboration of the instances equipping with technical means necessary for the Program implementation 6. Endowing of the pilot instances with recording equipment and transcription soft 7. Endowing of the instances with recording equipment, transcription soft and other necessary stuff, according to the available financial funds 8. Endowing of the instances with the techniques and technologies necessary for the insurance of the portal functioning program of Good Governance, MJ organized training for the persons that will work on administration the site. In this way we notice the progresses that was recorded regarding the completing of the web pages of Appeal Courts Balti. As well, this process started within the appeal courts Chisinau and Cahul. With all this, some headings remain incomplete, but for some appeal courts (Bender and Comrat) is missing a big part of necessary information, as a fact that hinder the action regarding the official launching of the web page of appeal courts, which is foreseen in GD 32 from In this context, in the aim of obtaining the anticipated goal of this action and realizing the art.10, paragraph 4, form the Law regarding the judicial law concerning the obligation of publication on the web page of judicial decisions, appeal courts and SCJ, solicit with respect the urgency of the process for fulfilling the web page with necessary information By there was elaborated the standards endowment of instances with technical means for implementing the Program, that was finished within the work group from In the I quarter of the year 2008 the work group of the Program for a Good Governance (IP-3) has finished the technical audit in all law courts and determined the number of necessary equipment. Goal: each job to be equipped with a computer and printer. As for exception may be jobs for auxiliary employee (watchmen and tide up women etc.). Endowment instances will be realized first in law courts pilot The action is in the process. The Work Group meeting within the Program for Good Governance (IP-3) effectuated the technique audit and established recorded means of judicial instances. First of all it s working on pilotinstances. At the moment it s buying and installing the necessary equipment and necessary soft. There was estimated the afferent costs At the work group meeting of the Program for Good Governance from there was established the necessities of tools and were estimated afferent costs. After will be endowed pilot-instances with this equipment, it will be equipped as well all-judicial instances There was made the technique audit by the workmeeting group of the Program for Good Governance. For the budget of Ministry of Justice there was bought 100 computers for the judges and shared in law courts. In the present it s working on establishing antiviral program. The works are made by the work group meeting within the indicate program. Permanently The principal door is not created yet. In present the access is impossible to the principal doors in judicial instances. The principal door will work after the creation of web pages in all judicial instances. 9. Insurance of the access to the portal of judicial instances through the web pages of the Ministry of Justice, Supreme Court of Justice, Superior Council of Magistrate and National Institute of Justice 10. Training of the judges Permanently Justice National Institute did not started the training of 3

4 and personnel in administration and application of the automatic system of shared random causes (SADAC) 11. Standard implementation in the conflict of interests judges and the personnel regarding the administration and application in the international judicial system. II. Standard elaboration, regular discretion and establishment of the monitoring mechanisms Permanently Through the order of Ministry of Justice nr. 206 from there was created the work group for elaboration the standards in the field of the interest conflict. For elaboration the standard mentioned above, the work group met in 2 meetings, within there was identified the present problems in the field and proposed some solutions to it. The identified measures served as a support for elaboration the Guide regarding preventing and solving the conflict of interests within the judicial system of the Law Project regarding the modification and completing some legislative acts Law regarding the judge status nr.544- XIII from , Law regarding SCM nr.947-xii from and Moral Code of the Judge. Implementation the standards in the field of interest conflict will be realized after promulgating and publishing regarding the conflict of interest within the personnel. In present this law was voted in the second lecture and is situated in the presidency for promulgation. 12. Revising the Guide regarding the preventing mechanisms of the personnel conflict of interests 13. Elaboration of Guide regarding the emission of the sentences 14. Elaboration of the concept of suitable financing of justice with a view to ensure financial independence of the judicial system Three months The Guide regarding the mechanisms of preventing the after the conflict of interests within the personnel will be revised publication of during 3 months after the publication the Law regarding the Law regarding conflict of interests. the conflict of interests The Guide of emission the sentences was not elaborated yet. A rectification previously, in the reports for January and February 2008 it was indicated that the guide was elaborated already, because such information was received from SCM. After a thorough checking of this information was observed that SCM made reference to Models of acts procedural and criminal, in which there are included sentence models. Models procedurals and criminal acts, II volume, was elaborated and published in 2007, with the financial support of Soros Foundation Moldova, having the authors as C.Gurschi and V.Sterbet, coordinator V.Zubco. Models of sentences have a recommendation character Under realization. The concept was elaborated. For realizing the adequate financing Concept of justice, in the aim of insurance the financial independence of judicial system, Ministry of Justice elaborated Project Law for modification of some legislative acts that consists of modification the Law nr. 514-XII from regarding the judicial organization and Law nr.789-xiii from regarding SCJ. This project was coordinated with Ministry of Finances, Ministry of Economy and Commerce, SCM, SCJ, as well as the civil society, but on through the letter under the number 03/10067 was sent to examination and approved to the Govern. Previously Ministry of Justice organized 5 work meetings and addressed to Govern two letters that require the supporting of this project. 4

5 15. Execution of modernization works of the infrastructure and elaboration of the suitable standards for 4 judicial pilot-instances (Appeal Court Chisinau, Law courts Comrat, Rezina, Ungheni) 16. Launching of the judicial instance s portal, which will include: automatic system of shared random causes; electronic system of judicial statistics; judicial decisions; the information about the activities of the judicial instances. 17. Insurance of judicial instances with necessary means for the multiplication of the judicial decisions 18. Launching of a new campaign of information of the citizens regarding the new mechanisms of insurance of the public judicial meetings On Ministry of Justice through the letter under the number 03/11209 required Ministry of Finance with the support in identification the mechanism efficient of financing, which will insure a good functioning of judicial system. The idea of conception refers to allocation of one percent (1%) out of the budget state expenditures for the justice, contrary to the present percentage out of 0,7 out of state expenditures. The concept is based on the recommendations Parliamentary of the European Council (Resolution 1572/2007) printed on on the web site of this institution, that foresees the allocation of 1,5 % out of the budget state expenditures for insurance the financial independence of judicial system. Until present the Ministry of Finances did not approve the concept The work group meeting within the program for Good Governance elaborated the projects for renovation and announced the competition for building the companies for making the qualitative repairs of pilot judicial instances. III. Increasing of transparency of the judicial procedures The action is under displaying. The work group meeting within the Program for Good Governance works on soft elaborations. The work Group meeting made a study about information circulation in judicial instances, which served for finishing the Program, which finished the elaboration of activity models and actions within the instances. Launching the principal door will be possible only after creation the web pages in all-judicial instances The action is under displaying. During 2007 Ministry of Justice, from it s budget, bought 42 printers for printing the judicial decisions and distributed in 42 law courts, out of 52 instances, that if 80,8% out of the total number of law courts The action is under displaying. Launching a new campaign of informing the citizens regarding the new mechanisms of insuring the public judicial meetings will start after installing recording programs of judicial instances. The campaign will start with the beginning of September There was examined the practice of Baltic states, Ukraine, Armenia, Azerbaijan, Kazakhstan, George, Romania, USA, regarding the publication of judicial instances and judicial decision. On the base of study results there was elaborated the Law Project for modifying and completing some legislative acts that include the CPC modification, Laws regarding SCM, Law regarding the SCJ etc. The mentioned project on was approved by the Govern Decision nr.1076, but on this was 5

6 adopted through Law under the number 258-XVI. IV. The efficiency of execution of the judicial decisions 19. Implementation of legislation which award executors the right to access the recording regarding the debtor s property Realized partially. In the aim of insurance the access to judicial executors to the net work of administrative central public, as well as to the state registers necessary to afford execution, was elaborated the Project of Law regarding the completion art.25, (2) chapter, from the execution Code. The mentioned project was sent to the Govern on This project is at the Govern without activity. This measure is not fully realized, however the deadline expired. 20. Examination of the technical capacities of the execution offices regarding the access to electronic database and advancing the solutions of the problem 21. Insurance the access of the execution offices to database with limited access of the public authorities 22. Analysis the practices of other states regarding the mechanisms of increasing the responsibility of the creditors and debtors involved in the procedure of the forced execution After examination the technique capacities of the execution offices was elaborated a report regarding the necessities of endowment the execution offices in the aim of adequate insurance with the necessary technique equipment and proposed attraction of foreign investors and allocation the financial means of state budget. Out of the account identified sums of Ministry of Justice and Execution Department, in the IV quarter of 2007 year for execution offices were bought 350 computers and printers, 37 faxes and printers, a VPN router and 50 licenses SSL IPScc, 16 cars for the job and 42 safer. The measure was partially realized; moreover the deadline expired on It was examined the possibility to creation a new intern net work and are identified financial means The Department of Execution Ministry of Justice during the I quarter of 2008 signed collaboration contracts with Custom-House Service, Frontier Guard Service, Ministry of Informational Development, Department Police of Ministry of Home Affairs received the right to the access on the data bases of debtors to these central state institutions The measure was realized. There was effectuated the practice analysis of German regarding the responsibility of creditors and debtors involved in the execution of afford and studied procedure, opportunity introducing in the national legality of Declaration of Institute insolvabilities physic persons and Declaration under the swearing (under proper responsibility) of goods and financial means of debtors with the establishment of coercive measures for shirking or false declarations. As a result there were elaborated a concept of opportunity introducing a institution insolvent physic persons from Republic of Moldova. On the concept of the project was sent to examination and sanction public authorities central and civil society. The suggestions and proposals proposed will be used for finishing the project cause concept. There was elaborated the Project Law regarding the changes and completing some legislative acts, which in present are on examination on national councilors within the Common Program of Europe Council and European Council Increasing the Efficiency and Efficiency Justice in Republic of Moldova, remaining being finished in the context of suggestions that will be exposed. 6

7 The quality of records and information/data presented in the table above should be as accurate as possible and highly qualitative, as it will serve (in the next paragraphs) to the estimation of corruption risks and drivers, as well as to identifying the efficiency of the adopted measures This paragraph is dedicated to the presentation of the performance indicators that will characterize the availability, relevance, effectiveness and efficiency of the anti-corruption measures directed to implement the Gov. Dec.32 in particular and the TCP as a whole. Table 2. Indicator matrix: Impact of Anti-Corruption Policy Comment: While filling in the tab.2, discrepancies might be discovered between the column 1 and 2, which show the difference between the formulation of the objectives in the TCP and in the GD32. You may use this information in the narrative part of the report. Ord. Nr. TCP Objectives GD 32 Objectives Hard data Information from questionnaire (general and individual on each domain)* 2.1. Indicators of corruption risks 1. Improving the integrity, quality and efficiency of judicial decisions Random shared of the penal, civil, economic, and legal department causes being automated or manual (using the cyclic method) The total number of cases entered in the judicial instances office of the court (the number of recorded cases) Court of law Center 2347 Court of law Rezina 848 Court of law Orhei 1431 Court of law Ialoveni 1410 Court of law Străşeni 1203 Court of law Bălţi 3373 Court of law Floreşti 678 Court of law Rîşcani 747 Court of law Sîngerei - Court of law Ungheni 1254 Court of law Căuşeni 947 Court of law Anenii-Noi 941 Court of law Ştefan-Vodă 1120 Court of law Cahul 1606 Court of law Cantemir 464 Court of law Comrat 687 The number of cases random shared through Automatic System of Shared Random Causes (SADAC) Court of law Center 0 Court of law Rezina 0 Court of law Orhei 0 Court of law Ialoveni 0 Court of law Străşeni 0 Court of law Bălţi 0 Court of law Floreşti 0 Court of law Rîşcani 0 Court of law Sîngerei 0 Court of law Ungheni 0 Court of law Căuşeni 0 Court of law Anenii-Noi 0 Court of law Ştefan-Vodă 0 The law nr.514 from regarding the judicial organization foresees the principles of random sharing of files. In a big part of this principle is respected, although 12,2% of causes is distributed, in the respondent judge s opinion, on president s discretion or the vice-president of judicial instance. Some respondents (5,3%) mentioned 7

8 Court of law Cahul 0 Court of law Cantemir 0 Court of law Comrat 0 The rate of cases random shared through SADAC out of the total number recorded in the instance (%) Court of law Center 0 Court of law Rezina 0 Court of law Orhei 0 Court of law Ialoveni 0 Court of law Străşeni 0 Court of law Bălţi 0 Court of law Floreşti 0 Court of law Rîşcani 0 Court of law Sîngerei 0 Court of law Ungheni 0 Court of law Căuşeni 0 Court of law Anenii-Noi 0 Court of law Ştefan-Vodă 0 Court of law Cahul 0 Court of law Cantemir 0 Court of law Comrat 0 The number of cases not shared through SADAC Court of law Center 2347 Court of law Rezina 848 Court of law Orhei 1431 Court of law Ialoveni 1410 Court of law Străşeni 1203 Court of law Bălţi 3373 Court of law Floreşti 678 Court of law Rîşcani 747 Court of law Sîngerei - Court of law Ungheni 1254 Court of law Căuşeni 947 Court of law Anenii-Noi 941 Court of law Ştefan-Vodă 1120 Court of law Cahul 1606 Court of law Cantemir 464 Court of law Comrat 687 The rate of cases random shared through SADAC out of the total number recorded in the instance (%) Court of law Center 100 Court of law Rezina 100 Court of law Orhei 100 Court of law Ialoveni 100 Court of law Străşeni 100 Court of law Bălţi 100 Court of law Floreşti 100 Court of law Rîşcani 100 Court of law Sîngerei 100 Court of law Ungheni 100 Court of law Căuşeni 100 Court of law Anenii-Noi 100 Court of law Ştefan-Vodă 100 Court of law Cahul 100 Court of law Cantemir 100 other distributed methods, specifying that, in some cases, there are randomly shared only the criminal cases, but the civil causes are distributed on the president s discretion or the vice-president of the judicial instance. In a big part (87,9%) the judges appreciates positively the principle of random shared of the files. There was not found explanations why 12,1% from the responded judges does not agree with this way of repartition of the files. 8

9 2. Establishing the standards, settling the discretion and establishing the monitored mechanisms The cases of disciplinary penalization of judges, including dismissing, for getting the income in an unjustified way Court of law Comrat 100 Supreme Council of Magistrates 3. Establishing the standards, settling the discretion and establishing the monitored mechanisms The cases of suing the penal files against the judges for corruption offences and other kinds of offences The total number of judges 427 The total number of presented - declarations The number of declarations presented regarding the origin of - the income and the property The rate of declarations presented regarding the origin of the income - and the property in comparison of the number of declarations (%) The rate of declarations presented regarding the origin of the income - and the property in comparison of the number of judges (%) The number of declarations not - presented The rate of declarations not presented in comparison with - number of declarations (%) The rate of declarations not presented in comparison with - number of judges (%) The number of judge s penalization, including dismissing - for getting the income in an unjustified way The rate of judge s penalization, including dismissing for getting the income in an unjustified was - in comparison with the total number of judges (%) The rate of judge s penalization, including dismissing for getting the income in an unjustified way - in comparison wit the total number of sanctions (%) The rate of declarations, which are not presented regarding the - origin of the income and the properties (%) Supreme Council of Magistrates The total number of advanced 0 The art.17 of Law nr.544 from regarding the judicial status foresees that the independence of the judge is ensured 9

10 4. Improving the execution, of judicial decisions The execution of final judicial decisions by the judicial executors by the execution offices of judicial decisions files against the judges, which: a) for corruption offences b) for other offences The total number of advanced files against the fudges out of the total number of files: a) for corruption offences (%) b) for other offences (%) The rate of files advanced out of the total number of judges, which: a) for corruption offences (%) b) for other offences (%) The number of sentences of judge s condemnation, which: a) for corruption offences b) for other offences The rate of files of condemnation out of the total number of sue files, which: a) for corruption offences (%) b) for other offences (%) The rate of sentences of condemnation out of the number of judges, which: a) for corruption offences (%) b) for other offences (%) The number of judge s acquitted sentences, which: a) for corruption offences b) for other offences The rate of judge s acquitted sentences out of the total number of sentences: a) for corruption offences (%) b) for other offences (%) The total number of judicial decisions presented for execution 5215 decisions Rîşcani (Chişinău) 758 decisions Rezina 2135 decisions Bălţi 1959 decisions Ungheni 800 decisions Căuşeni 242 decisions Comrat The number of judicial decisions executed, including: a) benevolent b) forced including by the material and social insurance of the judge. The majority of respondents (87%) mentioned that the wage of a judge is at law level. Another guaranty of the judge s independence is created by wellorganized conditions and favorable technique and activities of judicial instances. The majority of the respondent judges 62,1% mentioned that the conditions of work in medium and only 17,4% mentioned good conditions of work. The judge s independence is amplified as well as through ensurance with locative space. Is alarming the fact that 36,4% from the judges are not ensured or are not ensured at all with locative space. 10

11 a) 170 decisions Rîşcani (Chişinău) b) 3616 a) 350 decisions Rezina b) 153 a) 0 decisions Bălţi b) 2135 a) 0 decisions Ungheni b) 1959 a) 0 decisions Căuşeni b) 288 a) 46 decisions Comrat b) 9 The rate of judicial decisions executed out of the total number of judicial decisions presented for execution: a) benevolent (%) b) forced (%) a) 3,25 decisions Rîşcani (Chişinău) b) 69,33 a) 46,17 decisions Rezina b) 20,18 a) 0 decisions Bălţi b) 100 a) 0 decisions Ungheni b) 100 a) 0 b) 36 a) 19 b) 3,7 decisions Căuşeni decisions Comrat The number of judicial decisions not executed, including: a) against the public authorities b) against economic agents c) against physics persons d) against the state (ECHR) decisions Rîşcani (Chişinău) decisions Rezina decisions Bălţi decisions Ungheni decisions Căuşeni decisions Comrat a) 1 b) 130 c) 204 d) 0 a) 0 b) 3 c) 64 d) 0 a) 0 b) 145 c) 176 d) 0 a) 30 b) 61 c) 74 d) 0 a) 5 b) 55 c) 31 d) 0 a) 0 b) 33 c) 114 d) 0 11

12 The rate of judicial decisions not executed out of the total number of judicial decisions presented for execution, including: a) against the public authorities (%) b) against economic agents (%) c) against physics persons (%) d) against the state (ECHR) (%) decisions Rîşcani (Chişinău) decisions Rezina decisions Bălţi decisions Ungheni decisions Căuşeni decisions Comrat The number of decisions rejected and return without execution decisions Rîşcani (Chişinău) decisions Rezina decisions Bălţi decisions Ungheni decisions Căuşeni decisions Comrat The rate of decisions refused or returned without execution out of the total number of judicial decisions presented for execution (%) decisions Rîşcani (Chişinău) decisions Rezina decisions Bălţi a) 0,01 b) 2,49 c) 3,91 d) 0 a) 0 b) 0,39 c) 8,44 d) 0 a) 0 b) 6,8 c) 8,2 d) 0 a) 1,5 b) 3,1 c) 3,8 d) 0 a) 83 b) 87,3 c) 67,4 d) 0 a) 0 b) 13,63 c) 47,10 d) ,57 33,

13 2.2. Indicators of policy impact decisions Ungheni decisions Căuşeni decisions Comrat 0,3-39,25 The quantitative indicators 1. The growth of transparency of judicial procedures 2. Improving the integrity, quality and The elaboration of the web page of Supreme Council of Magistrates and putting on the web page of Court of Appeal the public judicial decisions form the regional circumscriptions where these courts are situated The total number of decisions pronounced in the judicial instance Court of Appeal Chişinău 2296 Court of Appeal Bălţi 1009 Court of Appeal Bender 225 Court of Appeal Cahul 179 Court of Appeal Comrat 166 The number of decision placed on the web page of the Court of Appeal Court of Appeal Chişinău 0 Court of Appeal Bălţi 0 Court of Appeal Bender 0 Court of Appeal Cahul 0 Court of Appeal Comrat 0 The rate of decisions placed on the web page of the Court of Appeal out of the number of decisions pronounced by the judicial decisions (%) Court of Appeal Chişinău 0 Court of Appeal Bălţi 0 Court of Appeal Bender 0 Court of Appeal Cahul 0 Court of Appeal Comrat 0 The number of decisions which are not placed on the web pages of the Court of Appeal Court of Appeal Chişinău 2296 Court of Appeal Bălţi 1009 Court of Appeal Bender 225 Court of Appeal Cahul 179 Court of Appeal Comrat 166 The rate of decisions not placed on the web page of the Court of Appeal out of the number of decisions pronounced in the judicial instance (%) Court of Appeal Chişinău 100 Court of Appeal Bălţi 100 Court of Appeal Bender 100 Court of Appeal Cahul 100 Court of Appeal Comrat 100 The number of judges within the judicial instances The integrity, the quality and efficiency of the Court of law Center 17 Regarding the 13

14 efficiency of the justice act justice act after implementing the actions of the program Court of law Rezina 6 Court of law Orhei 8 Court of law Ialoveni 5 Court of law Străşeni 7 Court of law Bălţi 17 Court of law Floreşti 6 Court of law Rîşcani 4 Court of law Sîngerei - Court of law Ungheni 7 Court of law Căuşeni 7 Court of law Anenii-Noi 7 Court of law Ştefan-Vodă 5 Court of law Cahul 8 Court of law Cantemir 4 Court of law Comrat 6 The number of recorded causes in the judicial instance, including: a) civil b) penal c) trespass d) legal department e) others Court of law Center a) 695 b) 223 c) 1556 d) 73 Court of law Rezina a) 244 b) 27 c) 561 d) 16 Court of law Orhei a) 659 b) 72 c) 680 d) 20 Court of law Ialoveni a) 556 b) 105 c) 730 d) 19 Court of law Străşeni a) 688 b) 56 c) 413 d) 46 Court of law Bălţi a) 697 b) 340 c) 2321 d) 15 Court of law Floreşti a) 213 b) 52 c) 401 d) 12 Court of law Rîşcani a) 259 b) 29 c) 441 d) 18 Court of law Sîngerei a) - b) - c) - d) - art.6 of the Constitution of Republic of Moldova, adopted on , in Republic of Moldova the legislative, executive and judicial power are separated and collaborate in exercising the prerogatives that belongs to it, regarding the stipulations of the Constitution. The art.116 establish the judges of the judicial instances are independent, impartial and irremovable, according to the law. The legislation establishes obviously the interdiction of immixing in implementation of the justice. With all this, 25,8% from the respondent judges mentioned 14

15 Court of law Ungheni a) 702 b) 83 c) 411 d) 58 Court of law Căuşeni a) 333 b) 93 c) 498 d) 23 Court of law Anenii-Noi a) 343 b) 68 c) 508 d) 22 Court of law Ştefan-Vodă a) 284 b) 56 c) 775 d) 5 Court of law Cahul a) 544 b) 150 c) 620 d) 45 e) 185 Court of law Cantemir a) 120 b) 31 c) 243 d) 2 e) 69 Court of law Comrat a) 281 b) 28 c) 368 d) 10 The rate of recorded causes in judicial instance out of the total number of recorded causes, including: a) civil (%) b) penal (%) c) trespass (%) d) legal department (%) Court of law Center a) 29,61 b) 9,5 c) 66,29 d) 3,11 Court of law Rezina a) 28,77 b) 3,18 c) 66,15 d) 1,88 Court of law Orhei a) 46,08 b) 5,03 c) 47,51 d) 1,39 Court of law Ialoveni a) 39,43 b) 7,44 c) 51,77 d) 1,34 Court of law Străşeni a) 57,19 b) 4,65 c) 34,33 d) 3,82 about the existence of some pressures on examining the cases. The biggest pressures, in judge s respondent opinion, are from media part (44,7%), followed by pressures through administrative leadership of administration instance (28,9%) and politic pressures (26,3%). Although the judges consider that, the independence granting suppose responsibility for the justice act (95,5%). There was not found any eloquent explanation why some respondent judges does not consider necessary the responsibility assumption for the 15

16 Court of law Bălţi a) 20,7 b) 10,1 c) 68,8 d) 0,4 Court of law Floreşti a) 31,4 b) 7,7 c) 59,1 d) 1,8 Court of law Rîşcani a) 34,7 b) 3,9 c) 59 d) 2,4 Court of law Sîngerei a) - b) - c) - d) - Court of law Ungheni a) 56 b) 6,6 c) 32,8 d) 4,6 Court of law Căuşeni a) 35,16 b) 9,82 c) 52,59 d) 2,43 Court of law Anenii-Noi a) 36,45 b) 7,23 c) 54 d) 2,34 Court of law Ştefan-Vodă a) 25,36 b) 5 c) 69,2 d) 0,45 Court of law Cahul a) 33,87 b) 9,33 c) 38,6 d) 2,8 e) 11,51 Court of law Cantemir a) 25,8 b) 6,68 c) 2,37 d) 0,43 e) 4,65 Court of law Comrat a) 40,9 b) 4,07 c) 53,56 d) 1,4 The number of files that occur to one judge for examination Court of law Center 138 Court of law Rezina 141 Court of law Orhei 179 Court of law Ialoveni 282 Court of law Străşeni 172 Court of law Bălţi 198 Court of law Floreşti 113 Court of law Rîşcani 186 Court of law Sîngerei - Court of law Ungheni 179 Court of law Căuşeni 135 justice act by the judges. In opinion of some respondents (8,3%), even disciplinary measures are not applied then when it s pronounced a decision in flagrant contradiction with the law. ½ from respondents didn t want to respond at this question, mentioning that doesn t know such cases. The majority of respondents (72%) consider that there is not applied the patrimonial response against the judge who, with bad willingness or negligence, committed a judicial mistake causing the prejudices. 16

17 Court of law Anenii-Noi 134 Court of law Ştefan-Vodă 224 Court of law Cahul 201 Court of law Cantemir 116 Court of law Comrat 114 The rate of files that occur to one judge for examination out of the total number of cases (%) Court of law Center 5,88 Court of law Rezina 16,66 Court of law Orhei 12,5 Court of law Ialoveni 20 Court of law Străşeni 14,28 Court of law Bălţi 5,9 Court of law Floreşti 16 Court of law Rîşcani 24 Court of law Sîngerei - Court of law Ungheni 14 Court of law Căuşeni 14,26 Court of law Anenii-Noi 14,24 Court of law Ştefan-Vodă 20 Court of law Cahul 12,5 Court of law Cantemir 25 Court of law Comrat 16,59 The number of cases examined, including: a) civil b) penal c) trespass d) legal department Court of law Center a) 531 b) 203 c) 1471 d) 67 Court of law Rezina a) 163 b) 18 c) 533 d) 1 Court of law Orhei a) 379 b) 71 c) 656 d) 11 Court of law Ialoveni a) 147 b) 40 c) 618 d) 10 Court of law Străşeni a) 340 b) 52 c) 353 d) 21 Court of law Bălţi a) 655 b) 197 c) 2094 d) 21 Court of law Floreşti a) 162 b) 47 c) 384 d) 8 17

18 Court of law Rîşcani a) 142 b) 24 c) 390 d) 10 Court of law Sîngerei a) - b) - c) - d) - Court of law Ungheni a) 398 b) 72 c) 417 d) 23 Court of law Căuşeni a) 265 b) 53 c) 498 d) 16 Court of law Anenii-Noi a) 219 b) 52 c) 453 d) 11 Court of law Ştefan-Vodă a) 160 b) 43 c) 702 d) 4 Court of law Cahul a) 288 b) 87 c) 530 d) 20 e) 195 Court of law Cantemir a) 127 b) 50 c) 221 d) 4 Court of law Comrat a) 129 b) 38 c) 300 d) 6 The number of decision attacked by appeal Court of law Center 115 Court of law Rezina 7 Court of law Orhei 57 Court of law Ialoveni 78 Court of law Străşeni 59 Court of law Bălţi 138 Court of law Floreşti 9 Court of law Rîşcani 22 Court of law Sîngerei - Court of law Ungheni 114 Court of law Căuşeni 27 Court of law Anenii-Noi 68 Court of law Ştefan-Vodă 29 Court of law Cahul 146 Court of law Cantemir 10 Court of law Comrat - The rate of decisions attacked with appeal out of the total number of decisions (%) Court of law Center 5,06 Court of law Rezina 0,97 18

19 Court of law Orhei 5,6 Court of law Ialoveni 9,23 Court of law Străşeni 7,7 Court of law Bălţi 4,7 Court of law Floreşti 1,3 Court of law Rîşcani 3,9 Court of law Sîngerei - Court of law Ungheni 12,5 Court of law Căuşeni 3,25 Court of law Anenii-Noi 9,25 Court of law Ştefan-Vodă 3,19 Court of law Cahul 13,03 Court of law Cantemir 2,15 Court of law Comrat - The number of appeals admitted Court of law Center 17 Court of law Rezina 2 Court of law Orhei 5 Court of law Ialoveni 21 Court of law Străşeni 8 Court of law Bălţi 78 Court of law Floreşti 3 Court of law Rîşcani 1 Court of law Sîngerei - Court of law Ungheni 61 Court of law Căuşeni 2 Court of law Anenii-Noi - Court of law Ştefan-Vodă 2 Court of law Cahul 27 Court of law Cantemir - Court of law Comrat - The rate of appeals admitted out of the total number of attacked decision (%) Court of law Center 14,78 Court of law Rezina 28,57 Court of law Orhei 8,7 Court of law Ialoveni 26,92 Court of law Străşeni 1,04 Court of law Bălţi 56,5 Court of law Floreşti 33 Court of law Rîşcani 4,5 Court of law Sîngerei - Court of law Ungheni 53,5 Court of law Căuşeni 7,41 Court of law Anenii-Noi - Court of law Ştefan-Vodă 6,9 Court of law Cahul 18,49 Court of law Cantemir - Court of law Comrat - The number of rejected appeals Court of law Center 21 Court of law Rezina - Court of law Orhei - Court of law Ialoveni 1 Court of law Străşeni - Court of law Bălţi - Court of law Floreşti 2 Court of law Rîşcani 1 19

20 3. Establishing the standards and regular discretion, establishing the mechanisms monitoring mechanisms Standard elaboration of the judge s ethic de, and standards in the field of interest conflict, declarations of wealth and properties for judges and judicial personnel Court of law Sîngerei - Court of law Ungheni 53 Court of law Căuşeni 1 Court of law Anenii-Noi - Court of law Ştefan-Vodă 1 Court of law Cahul 19 Court of law Cantemir - Court of law Comrat - The rate of rejected appeals out of the total number of attacked decision (%) Court of law Center 18,26 Court of law Rezina - Court of law Orhei - Court of law Ialoveni 1,28 Court of law Străşeni - Court of law Bălţi - Court of law Floreşti 22 Court of law Rîşcani 4,5 Court of law Sîngerei - Court of law Ungheni 46,5 Court of law Căuşeni 3,7 Court of law Anenii-Noi - Court of law Ştefan-Vodă 3,45 Court of law Cahul 13,01 Court of law Cantemir - Court of law Comrat - Supreme Council of Magistrates Ministry of Justice The total number of complaining addressed to Supreme Council of Magistrates The number of complaining addressed to Supreme Council of Magistrates, regarding the judge s behavior and performance The rate of complaining addressed to Supreme Council of Magistrates, regarding the judge s behavior and performance out of the total number of complaining (%) The rate of addressed complaining to Supreme Council of Magistrates regarding the judge s behavior and performance out of the total number of judges (%) ,9 4,9 The majority of respondents judges (71,2%) considers the specter of incompatibility fulfillment for the adequate attribution achievement, although 26,5% does not consider sufficient the incompatibilities existent at the moment in the legislation for execution the judge s function. 20

21 The qualitative indicators 1. The politic will and the pledge The number of decisions adopted by the Supreme Council of Magistrates (Disciplinary College) regarding the judge s behavior and performance The number of sanctions for deviations of the judge s from the standards The rate of sanctions for deviations from the standards of judges out of the number of sanctions (%) The rate of sanctions for deviations from the standards of judges out of the number of judges (%) The number of unsolved cases after complaining regarding the non-observance of standards of judge s behavior and performance The rate of unsolved cases after the complaining regarding the non-observance of standards of judge s behavior and performance out of the total number of cases (%) - In the region - Trend (tendency of time) ,33 0,7 Threshold Country Plan; Government Decision nr.32 from For approving the action Program regarding the implementation of Threshold Country Plan of Republic of Moldova within the USA program «Millennium Challenges» ; Government Decision nr.1478 from Regarding the approving of modifications and completions that operates in the Government Decision nr.32 from Legal frame The Concept of Informational Judicial System, MJ, Approved by the GD nr.776 from The Law Project for modification and completing some legislative acts (regarding the publicity in judicial instances), MJ, Adopted by the Law nr.258-vxi from November The Law Project regarding modification and completing the law regarding the wages system in the budgetary sector nr.355-xvi from December , MJ, Sent to Govern on June Professional Moral Code of the judge, SCM, Approved on SCM meeting from ,4% of respondent judges mentioned that they don t know cases, which offered or pretended money in their advantage. There does not exist the certitude regarding the sincerity of the answers to this question. 21

22 November The changes on deontological Code bringing up to date by the lawyers, Approved by the Congress of Lawyers from may The Law Project regarding the modification and completing some legislative acts the Law regarding the judge s status nr.544-xiii from 20 July 1995; Law regarding the Superior Council of Magistrates nr.947-xii from 19 July 1996, MJ, Adopted by the Parliament by the Law nr.257-xvi from 29 November 2007 Law regarding the modification art.116 from the Constitution, MJ, By the indication of the Government nr , the project mentioned above was returned, as being advanced premature The Law Project regarding the modification and completing some legislative acts, which propose the amending the Law regarding the Supreme Council of Magistrates, the Law regarding the identity acts from national system of passports, Law regarding the wage system of budgetary sector, MJ, Adopted by the Parliament in the first lecture The Law Project regarding the modification and completing some legislative acts (for modification of some stipulations of CPC and CPP with the aim of reducing the duration of the civil and criminal procedures), MJ, Adopted in the first lecture of Parliament on October The project for modification and completing the Law 947-XIII from July regarding the Supreme Council of Magistrates, that foresees the creation with Supreme Council of Magistrates of Judicial Inspection, MJ, Adopted by the Parliament by the Law 185-XVI on July The Law Project regarding the judicial assistance, which is guaranteed by the state, MJ, Adopted by the Parliament in the second lecture on July On September the project were promulgated, following to be printed. The practice Guide for the mechanisms of preventing the conflict of interests within the judicial personnel, MJ, Published on the web site of MJ The Law Project regarding the modification and completing some legislative acts: Law nr. 317-XIII from December regarding the Constitutional Court; Law nr.544-xiii 22

23 from July regarding the judge s status; Law nr. 947-XIII from July regarding the Supreme Council of Magistrates; Code criminal procedures of Republic of Moldova nr.122-xv from March (for efficiency the procedure of drawing to criminal responsibility of judges), MJ, Sent to expertise to Council of Europe The Guide of procedural in criminal material, SCM, Under finishing process The Law Project regarding the modification some legislative acts, that regards mainly in modification the Law nr.514-xiii from July regarding the judicial organization and Law nr.789- XIII from March regarding the Supreme Court of Justice (elaboration a new adequate financing concept of justice in the aim of insurance the financial independence of judicial system ), MJ The Law Project regarding the completion of art.25 paragraph (2) from execution Code (for awarding to executors the right to access to recordings regarding the property of debtors), MJ, Sent to Govern on July The Law Project regarding the modification and completing some legislative acts, as well as the project of Government Decision for modification the first Annex from the Government Decision regarding the wages of public employees and persons that effectuates the technique catering nr.525 from May , MJ, Sent to Govern on June Concept of opportunities introducing the institution insolvent of physic person, MJ, Sent to warning the authorities that are interested in. The Law Project regarding the modification and completing some legislative acts (the establishing the debtor s obligation to declare under oath his own patrimony and coercive measures for false declaration or refusal to do it), MJ, Delivered to expert examination that work in the common program CoE/Csl EU Instruction regarding the afford execution of executorial documents, MJ, Order Dep. Of execution nr.65 from March Institutions Government of Republic of Moldova, Ministry of Justice, Supreme Council of Magistrates, Prosecutor s General office, Association of Lawyers from Moldova 23

24 *Note: In the aim of determination the judge s opinion, EX LEGE Agency for Supporting Judicial Education and Law Bodies elaborated the questionnaire regarding the risks of corruption in judicial system. Monitors within the project Monitoring the capacity building of judiciary system in preventing and combating corruption, implemented by EX LEGE Agency, has interviewed 132 judges, that represents 31% out of the total number of judges, from Republic of Moldova. Respondents were solicitude to complete a questionnaire, in the base of which was established the judge s opinion on present indicators by the EX LEGE Agency. The report of statistic research regarding the risk of corruption in judicial system is annexed This paragraph will present the analytical part of the report. On the basis of the indicators identified under the paragraphs 1.1 & 1.2., the impact of the adopted policies, as well as the recommendations for their efficiency improvement will be treated. This compartment is especially important because it will show the level of corruption registered in the monitored domain, the lacks in the TCP, as well as the practical recommendations for the government institutions in order to improve the instruments meant to deter and fight corruption. To answer this compartment, please fill in the tables 3 and 4 below: Table 3. Conclusions and Recommendations General Conclusions and Recommendations for improvements, as well as for more efficient policy alternatives that were made (a), versus the anti-corruption reform-policy recommendations accepted by the Government institutions/officials (b): Conclusions: - It was very hard to monitories the quarter dates, that is to obtain the quarter indicators from the judicial instance offices, because until April 10 th 2008 the office workers from the office prepares the statistic quarter reports. These actions will be undertaken on each quarter report and for the future; - There was not created monitoring conditions for the President of judicial instances, chief s offices of judicial instances, and office s execution managers of judicial decisions; - In the majority of monitored judicial instances the technique personnel is not informed about the implementation and using the automatic system of shared random dates (SADAC); - Some judicial instances are on negative limit endowed with necessary technical means, which leads to a very bad quality of the justice act and to tergiversate of examination causes (ex. Court of law Orhei does not have any computer); - The lack of technique personnel in the office of judicial instance; - Not in all of judicial instances is posted the extract from the Decision of Supreme Court of Magistrates nr.351/14 from ; - There is not recorded systematically of causes entered in the judicial office in the registers of strict evidence; - There is not a register of evidence of decisions attacked with appeal in the office of judicial instance; - There is not a periodic mechanisms of consultations between the instances regarding the aspects of unification of judicial practice, but the decisions of Supreme Court of Justice Plenum are not took into consideration at adoption of judicial decisions. Recommendations: - Training the judges and technique personnel regarding the using of automatic system of shared random dates (SADAC); - Raising up the judge s wages and technique personnel, reintroducing the spore to the wages for the seniority, as well as the insurance of locative space; - Improving the requirements of the selection of instruction judge and technique personnel from the office of judicial instance; - Elaboration a new real recommendation of publicity of judicial decisions for all sections of the population; - The real reorganization, but not a formal one, of judicial system; 24