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Standard Twinning Project Fiche

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Standard Twinning Project Fiche

    Standard Twinning Project Fiche

    TWINNING LIGHT

    1. Basic Information

     1.1 Programme: Unallocated Special Envelope Transition Facility

     1.2 Twinning Number: RO2007/IB/JH -11 TL

     1.3 Title: Increasing the efficiency of the judicial expertise system in Romania”

     1.4 Sector: Justice

     1.5 Beneficiary country: Romania

    2. Objectives

     2.1 Overall Objective(s):

     To render the efficiency to the act of justice by increasing the quality of the

    process of the judicial expertise

     2.2 Project purpose:

     To get the practitioners acquainted with the new legal framework in the field of

    judicial expertise

     2.3 Contribution to National Development Plan/Cooperation

    agreement/Association Agreement/Action Plan - N/A

    3. Description

     3.1 Background and justification:

     The EU underlines the importance of continuing efforts undertaken in order to

    reduce the duration of court proceedings as well as backlogs. The EU underlines the

    importance of initiatives that increase the efficiency of the courts and reduce backlogs.

    The process of monitoring the Judiciary by the European Commission has revealed

    several difficulties with respect to the acceleration of court proceedings, the reduction of

    the number of pending cases in order to avoid unreasonable delays, as well as to ensure

    timely measures for the adequate enforcement of court decisions. Thus, the interim report

    from the Commission to the European Parliament and the Council on Progress in

    Romania under the Co-operation and Verification Mechanism, issued in February, 2009,

    still mentions „instances of lengthy trials”.

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     Reducing the duration of the judicial proceedings represents a complex task, which involves both administrative and legislative measures. All these elements, as well

    as the necessity to fulfill the commitments undertaken in the framework of negotiations

    with the European Union require the revising of the legislative framework in the field of the judicial expertise. Thus, a project financed through European Funds becomes very

    important in order for all the stakeholders to get acquainted to the new legislation in the field.

     Following the analysis carried out by the Ministry of Justice and Citizens’

    Freedoms and the courts, the judicial expertise was identified as one of the reasons of

    delaying the trials, thus the need of financing a project in this field appears quite clearly, consequently, providing the celerity of the judiciary trials and reducing the duration of rendering a decision in the above mentioned cases.

     Currently, the legal framework for the activities regarding the technical judicial expertise is provided for by the Government Ordinance (GO) no. 2/2000 on the

    organizing of the activity of the judicial technical expertise and extra-judicial expertise. This act defines the technical judicial expertise as the activity performed by experts or qualified specialists on demand of the prosecutors’ offices, courts or other institutions with judicial competencies, with the purpose of clarifying facts or circumstances in a

    certain judicial case. The judicial expertise is an activity carried out by an independent profession as it may be undertaken by an expert or a specialist, with the right to perform this activity individually or as a part of a professional association.

     At local level, local bureaux of judicial expertise carry out their legal tasks in this field: keeping judicial and financial records on the activity, providing the lists of experts available for various domains that require clarifications on certain non-legal aspects of a case pending before courts etc.

     Within the Ministry of Justice and Citizens’ Freedoms has been set up the Central Bureau for Technical Judicial Expertise, as a department within the Directorate for

    Related Judicial Services, which carries out its activity through the local bureaux of

    judicial expertise, organized, each one, as a department within each of the tribunals. The Central Bureau for Technical Judicial Expertise, composed of 3 posts, is the central

    authority concerning the coordination of technical judicial expertise.

     The attributions of this Bureau, provided for by the GO no. 2/2000, are as follows: drawing up the table of the judicial technical experts, according to their specialization; organizing the exam for attributing the quality of technical judicial expert; studying the methods used in the process of technical judicial expertise with a view to generalizing the most efficient ones; organizing the training of technical judicial experts;

    methodologically guiding and taking measures for improving the expertise’s quality etc.

    Thus, as it clearly results from the attributions mentioned before, this structure is

    responsible for the methodological and administrative coordination and control of the

    entire activity represented by the judicial expertise.

     Moreover, one of the guidelines of several strategic documents in the sector of

    justice, as a requirement of the European Union for a judicial modern system, is to ensure the quality and the efficiency of the act of justice.

    In this context, the Parliament adopted Law 37/2009 Law and no 178/2009 for

    amending the Government Ordinance (GO) no. 2/2000 on the organizing of the activity

    of the judicial technical expertise and extra-judicial expertise. The amendments of the

    legislative framework in the field of judicial expertise aim at changing the negative

    aspects already identified and pointed out many times before, by the courts and

    practitioners in order to create a functional and efficient system. In this respect, the

    following topics are reformed: the accession in the profession of judicial experts;

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    introducing the possibility for the court, to appoint specialists, if certain specific legal conditions are met, even if there are judicial experts in that field; establishing a thorough delimitation between the judicial expert appointed by the court and the other judicial

    experts or specialists performing attributions similar to the judicial expert (which are

    appointed by the parties in the trial and accepted by the courts or other bodies having

    judicial attributions); regulating the fees of judicial experts; measures for equalizing the workload of the judicial experts; eliminating other causes generating the malfunctioning

    within the system (e.g. setting up the right of the judicial expert to be suspended by

    request or for reason of incompatibility).

     The above mentioned measures must be accompanied by strict implementation of procedural provisions and by establishing a working methodology (guidelines), as a

    major problem of the new laws consists in their non-unitary implementation. Therefore it

    is important to organize common meetings at the level of court of appeal with judges,

    prosecutors, technical judicial experts, representatives of local bureaus and from the

    Central Bureau of Expertise, in order for the stakeholders to get familiarized with the new legislative framework in the field and to improve the collaboration between all the actors involved. Also, the awareness of technical judicial experts towards EU best practices is highly needed, in order to improve the quality of their work

     The implementation of new legislative framework usually reveals a number of specific aspects related to enforcement that need to be identified and properly addressed in order to not generate different working practices.

     In this context, as stated above, the importance of the project is underlined by its own scope: on the background of important legislative changes in the judicial

    expertise field, this project aims at the generalization of a common practice in the field, by unitarily setting and disseminating the guidelines for putting into practice the new

    legal provisions, to the actors involved (judges, prosecutors, technical judicial experts,

    representatives of local bureaus and from the Central Bureau of Expertise). As a

    consequence, the project will have a major impact on the duration of judicial process, by contributing to its overall shortening.

     3.2 Linked activities (other international and national initiatives):

     Year/project title/objectives/purpose/budget:

     1. 2004/ Phare Framework Contract no. Rosu 64, Lot 12 „Enhancing the administrative capacity in the field of judicial expertise”/

     The purpose of the project was to improve the knowledge of the technical judicial experts and increase the quality and efficiency of judicial expertise in the field of EU

    financial instruments

     A number of 50 technical judicial experts were trained on EU law on fighting fraud related to European funds, European standards of assessment in the field of technical

    judicial expertise, International Standards of Assessment in the field of technical judicial expertise, other related topics agreed with the beneficiary. A reference book on patterns of fraud against EU financial interests and on relevant jurisprudence of Member States in the field of EU financial instruments, based on the experiences of other Member States

    was elaborated and disseminated to all local services countrywide. The reference book

    focuses on the expertise necessary for the recovery of financial damages and addresses

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    the particularities of the activity of the judicial experts when drafting judicial expertise reports in this specific field.

     Status: Completed

     2. MATRA project „Enhancing the capacity of the judicial expertise system”

     During January October 2007, the Ministry of Justice and Citizens’ Freedoms was

    the beneficiary of the MATRA project „Enhancing the capacity of the judicial expertise

    system” (MAT06/RM/8/2) within Matra Flex 2006 Programme. The objective of the

    project, whose final beneficiary was the Department of Drafting Legal Acts, was to

    increase the efficiency of the judicial expertise system by improving the legal framework

    in the field.

     During the three field missions of the Dutch experts, interviews were conducted with the representatives of several institutions with attributions in the field. Furthermore,

    prosecutors and judges were interviewed, as well as lawyers, members of the

    Commission for drafting the Criminal Procedure Code and representatives of the

    Ministry of Justice and Citizens’ Freedoms. Consequently, a report was elaborated by the

    project team; the report presented the main shortcomings and obstacles in the (forensic)

    expertise system as well as recommendations for improving the existing legislative

    framework.

     Status: Completed

     The projects above, concluded under the same overall objective, namely setting up an efficient judicial expertise system, have focused on specific aspects of the judicial

    expertise like EU financial instruments, and forensic expertise system, while the current

    project aims at preparing the implementation of the new general legislative framework in

    the field of judicial expertise and to elaborate a set of guidelines for the practitioners

    regarding the new proceedings, in order to ensure an efficient, unitary and coherent

    application of the new law provisions.

     3.3 Results:

     1. An efficient, unitary and coherent enforcement of the new legislative framework ensured by organizing workshops involving practitioners in the field of

    judicial expertise (judicial experts, representatives of local and central bureau of

    judicial expertise, judges, prosecutors).

     Indicators of achievement:

     - 5 local workshops organized at the level of the Courts of Appeal

     - About 150 participants attended the workshops.

     Report on the workshops elaborated and submitted to the beneficiary in view of approval.

2. A set of guidelines, based on the conclusions of the workshops, recommendations,

    best practices in the field of the judicial expertise elaborated by the MS experts and

    approved by beneficiary. The set of guidelines will aim at providing with solutions

    towards a unitary enforcement of the new provisions regarding judicial expertise.

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     Indicator of achievement:

- 2 debriefing sessions (roundtables) organized and about 70 professionals participated at

    these sessions.

    - 500 copies of the set of guidelines on the enforcement of the new legislative framework

    in the field of the judicial expertise, elaborated and disseminated at central and local level

    (at the local offices of judicial experts, functioning within the tribunals)

     3.4 Activities:

    Activities under result 1

1.1. Organizing 5 local workshops of 2 days and approximately 35 participants each

    (judicial experts, staff of the Central Bureau for Technical expertise from the MoJ,

    representatives of the local offices for technical judicial experts, judges and

    prosecutors, including trainers in the field of civil procedure from the National

    Institute of Magistracy) at the level of the Courts of Appeal, in order to prepare an

    efficient, unitary and coherent enforcement of the legislative framework by:

    a. presenting and discussing some of the most important amendments of the

    legislative framework in the field of judicial expertise

    b. consultation with judicial experts, staff of the Central Bureau for Technical

    expertise from the MoJ, representatives of the local offices for technical judicial

    experts, judges and prosecutors on the envisaged impact of the amended

    legislative framework related to the judicial expertise, on their activity

    c. identifying solutions for ensuring an efficient, unitary and coherent application of

    the new law provisions

    Indicator of achievement: 5 local workshops organized.

    About 150 participants participated in the workshops

    Activities under result 2

2.1. Organizing 2 debriefing sessions (roundtables) for about 35 persons each (judicial

    experts, staff of the Central Bureau for Technical expertise, from the Ministry of Justice

    and Citizens’ Freedoms, representatives of the local offices for technical judicial experts,

    judges and prosecutors), on the conclusions and recommendations drew within the

    activities carried out under activity 1.1 and on the best practices in the field of judicial

    expertise.

    The conclusions will be further considered when elaborating the set of guidelines under

    the activity 2.2.

    Indicator of achievement: - 2 debriefing sessions (roundtables) organized and about 70 professionals participated at

    these sessions.

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2.2. Elaborating a set of guidelines, based on the conclusions of the workshops,

    recommendations and best practices in the field carried out under the activity 1.1 and

    the conclusions drew within the debriefing sessions (roundtables) organized under the

    activity 2.1. The set of guidelines is meant to be a useful tool, as it will offer solutions for

    the specific problems encountered in practice, in order to unify the practice in the field of

    the judicial expertise.

    The set of guidelines will be elaborated by the MS experts and submitted to the

    beneficiary for approval.

    Indicator of achievement: Set of guidelines approved by the beneficiary.

2.3. Printing 500 copies and disseminating the set of guidelines at central and local level

    (at the local offices of judicial experts, functioning within the tribunals).

    Indicator of achievement: 500 copies of the set of guidelines printed and disseminated at central and local level

     3.5 Means/Input from the MS Partner Administration:

     3.5.1 Profile and tasks of the Project Leader

Expert 1 Project Leader

The Project leader will be responsible for the overall activity co-ordination and project

    management, supervising the project implementation and ensuring day to day linkages with

    the beneficiaries. Also, the Project Leader will be involved in all the activities developed

    under this project in order to ensure a smooth correlation between them, to meet the

    deadlines and the envisaged results of the project and to take corrective action, inside the

    assumed terms of the signed contract.

He/she will have the following profile:

    ? Law university degree

    ? At least 8 years of work experience in the field of judiciary /law enforcement

    ? Previous experience as project coordinator/project manager in at least 1 project of

    minimum 6 months duration

    ? Very good level of English / French

    ? Very good computer skills

     3.5.2 Profile and tasks of the RTA N/A

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     3.5.3 Profile and tasks of the short-term experts

Expert 2

    ? A university degree relevant for the activities in which they will be involved

    ? At least 3 years of work experience relevant for the activities in which they will

    be involved

    ? Previous experience in at least 1 similar project of minimum 6 months duration

    ? Very good level of English / French

    ? Very good computer skills

Expert 3

    ? A university degree relevant for the activities in which they will be involved

    ? At least 3 years of work experience relevant for the activities in which they will

    be involved

    ? Previous experience in elaborating manuals in at least 1 project of minimum 6

    months duration;

    ? Very good level of English / French

    4. Institutional Framework

    Direct Beneficiary: Ministry of Justice and Citizens’ Freedoms (Department for Related Judicial Services)

    The CFCU is the implementing agency responsible for tendering, contracting and

    payments.

    Responsibility for technical preparation, implementation and control will remain with

    the Ministry of Justice and Citizens’ Freedoms as Implementing Authority and the

    Beneficiary.

    ACIS will be responsible for overall co-ordination of the project.

    5. Budget

     Programme Support

    InvestInstitution Total National IFITOTAL

    ment Building Programm Cofinanci*

    Suppo(IB) e(=I+IB) ng rt (I) *

    Twinnin 0.243MEuro 0.243 MEuro 0.015 0.258 g MEuro Meuro

    Total 0.243 MEuro 0.243 MEuro 0.015 0.258

     MEuro MEuro * Parallel cofinancing

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    6. Implementation Arrangements

     6.1 Implementing Agency responsible for tendering, contracting and accounting

    (AO/CFCU/PAO/Commission/EAR), including contact person and full contact

    details.

For the whole project the Contracting Authority will be Central Finance and Contracts

    Unit (CFCU) which will be responsible for tendering, contracting and payments,

    financial reporting.

    PAO - Mrs.Carmen Roşu , director, Central Finance and Contracts Unit

    44, Mircea Vodă Blvd, Sector 3, Bucharest

    Tel +40 21 3265555;

    Fax: +40 21 326 87 09 / 326 87 30

    e-mail: carmenrosu@cfcu.ro.

    Implementing Authority

The Implementing Authority (IA) is the Ministry of Justice and the Citizens’ Freedoms.

    The beneficiaries of the project are: the Ministry of Justice and the Citizens’ Freedoms.

    The PIU from the Ministry of Justice and the Citizens’ Freedoms will be responsible for overall procedural and administrative management of the project.

    SPO: Mrs. Diana POPESCU, director, Department of European Programs

    Tel: +40.372.041.160

    Fax: +40.372.041.161

    E-mail: dpopescu@just.ro

     6.2 Main counterpart in the BC, including contact person and contact details.

    Also include RTA counterpart and the BC Project leader.

    Contact person:

    ? Mr. Adrian COJAN, head of unit, Department for related judicial

    services, Ministry of Justice and the Citizens’ Freedoms

    Phone: +40 21 4076 310

    Fax: +40.021 3101665

     e-mail: acojan@just.ro

    ? BC project Leader: Ciprian Ionuţ CIOBANU, director, Department for

    Related judicial services, Ministry of Justice and the Citizens’ Freedoms;

    Phone: +40 21 4076 314

    Fax: +40.021 3101665

     e-mail: ciprian.ciobanu@just.ro

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In order to ensure an efficient implementation of project’s activities a Steering

    Committee will be established that will meet quarterly or when needed to discuss the

    progress of the project, verify the achievement of the outputs and mandatory results and

    discuss actions to be undertaken. The Steering Committee members will be

    representatives of the Ministry of Justice and Citizens’ Freedoms, the MS Project Leader,

    the BC Project Leader, an observer from the CFCU, as well as other experts involved in

    the implementation of the project if needed.

6.3 Contracts Twinning light contract

    7. Implementation Schedule (indicative)

     7.1 Launching of the call for proposal July 2009

     7.2 Start of project activities November 2009

     7.3 Project completion May 2010

     7.4 Duration of the implementation period 6 months.

     7.5. Contract language

     The contract shall be elaborated in English language.

     Working language at the project management and its administration will be the

    English language. Implementation of activities, especially the workshops, roundtables

    shall be carried out in English language with (simultaneous or consecutive) interpretation

    for the participants into the Romanian language. In addition, the information materials

    and the guidelines shall be elaborated in English language; translation into the Romanian

    language shall be provided.

    8. Sustainability

In terms of sustainability, the results of the project will be valued at the level of the

    beneficiary institutions.

    Within the workshops organized, the practitioners will get familiarized with the amended

    legislative framework in the field, as well as their daily activity will be improved.

    The set of guidelines will be disseminated to national and to all the local services

    countrywide and is supposed to offer solutions for the specific problems encountered in

    practice, in order to unify the procedures between the practitioners in the field of the

    judicial expertise. Furthermore, the electronic version of the guidelines will be posted on

    the website of the Ministry of Justice and the Citizens’ Freedoms, thus making them

    more accessible to a large number of practitioners.

    9. Crosscutting issues (equal opportunity, environment, etc.)

    Equal opportunity: The Romanian Ministry of Justice and the Citizens’ Freedoms is

    an equal opportunities employer.

    Environement: N/A

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10. Conditionality and sequencing N/A

ANNEXES TO PROJECT FICHE

    1. Logical framework matrix in standard format (compulsory)

    2. Detailed implementation chart (optional)

    3. Contracting and disbursement schedule by quarter for full duration of programme

    (including disbursement period)-optional

    4. Reference to feasibility/pre-feasibility studies. For all investment projects, the

    executive summary of the economic and financial appraisals, and the environmental

    impact assessment should be attached (optional)

    5. List of relevant Laws and Regulations (optional)

    6. Reference to relevant Government Strategic plans and studies (may include

    Institution Development Plan, Business plans, Sector studies, etc) (optional)

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