Friday, November 6, 2009, The Public Association
"Center for Analysis and Prevention of Corruption (CAPC) presented in a
press conference its opinion on the draft Law for amending and supplementing
certain laws (the draft law and the opinion of CAPC can be found at CAPC http://capc.md/ro/expertise/avize/nr-351.html
following electronic address), developed by the Ministry of Justice with in
order to reform the system of judicial organization - the liquidation of the
At the same time, within the presentation there were
launched public debates on the legislative initiative of the Ministry of
Justice, attended by representatives of the judiciary system and mass media.
Discussions concerning the transfer of skills from specialized courts to
the common law, allowed coming to the following conclusions:
- Draft Law on amending and supplementing certain acts,
prepared by the Ministry of Justice, do not solve the issues of economic
efficiency and military courts. In fact, the information note on the
project did not present convincing arguments and concrete statistics to
prove their inefficiency (number of cases entered and settled, the
settlement terms, the number of decisions changed the number of cases lost
at the ECHR, etc..)
- In order to find sound solutions, judicial
reforms should be preceded by a comprehensive analysis of the effectiveness of the entire judicial system and,
especially, of the economic and military courts, so as to identify the
real problems in that area.
- The implementation of the project will generate
additional budgetary expenditure. Currently, in the system of economic
courts (including Supreme Court) activate approximately 35 judges and 3
judges at the military court. In case of accepting the proposed reform,
the number of judges will have to be increased, so that there to be at
least one specialized judge in each district, and the Courts of Appeal and
Supreme Court to be able to have full court.
- The project does not provide a clear solution to
the further situation of the judges of the specialized courts: will they
be released from offices held or will be transferred to the other courts.
- The problems in the field of
economic courts overcame the scope of an effective judiciary and entered
in the focus of politics it is obvious that the adoption of the solution on
the liquidation or maintenance of specialized courts are at the legislature's
discretion. Meanwhile, any ad hoc reform requires careful preparation, taking
into account primarily the objective circumstances, alongside the subjective
ones. These reforms must be linked to the policy documents and the real needs
of the justice system, after detailed consultations and public discussions.