CEELI in Romania
· Click here to print this file in PDF format
· Read about Significant Legal Developments in Romania
· Read Legal Information for Romania
· Read the Judicial Reform Index for Romania
· Read the dialogue on the Judicial Reform Index for Romania
· Click here for information on volunteering in Romania
· ABA-CEELI Romania Draft Law on Domestic Violence - July 6, 2006 (in Romanian)
· Code of Ethics for Magistrates: Theoretical and Practical Aspects (also in Romanian)
· Code of Ethics for Court Clerks: Innovation and Challenge in the Romanian Judicial System (also in Romanian)
· Access to Public Interest Information under Law 544/2001 (read the full report in Romanian, or the brief report in Romanian)Background
The American Bar Association Central European and Eurasian Law Initiative (CEELI) began its programs in support of the rule of law in Romania in 1991 and has had a continuous on-ground presence in Bucharest since 1992. Over the past 14 years, CEELI has conducted programs in the areas of court reforms, training of magistrates (judges and prosecutors), judicial association building, alternative dispute resolution, legal profession reforms, legal education and legislative assistance (such as commentaries on more than 50 draft laws and the Code of Ethics for Magistrates, and help in drafting a Code of Ethics for Court Personnel).
Beginning in June 2003, CEELI has focused on promoting judicial independence and integrity, with programs involving commentaries on major bills and secondary legislation (regulations); inviting judges and court personnel to address the issue of ethical conduct; drawing on judges to analyze and debate application of the new laws on anti-corruption, and of the Romanian Freedom of Information Act (FOIA) to help develop consistent jurisprudence, organize court-based offices charged with responding to information requests, and develop a list of court documents that should be made public. Project results led to a number of recommendations that CEELI developed for the Superior Council of Magistrates (among several, on FOIA-related issues, judicial and court personnel codes of ethics, evaluation criteria for magistrates). CEELI also provided technical assistance and comments on various laws and national strategies (on reform of the judiciary and on anti-corruption.) Finally, CEELI has focused on coordinating closely with multilateral and bilateral donors in Romania and on helping establish linkages with technical advisors in the justice reforms areas.
In the 14 years since it launched its program in Romania, CEELI has helped with many areas of legal reform, including training magistrates, building judicial associations, reforming the legal profession and legal education, promoting alternative dispute resolution, court reform and combating corruption. On May 31, 2005, USAID informed CEELI that an extension of the 2003-2005 cooperative agreement had been awarded through end of 2006, to focus on continued technical and policy advice to the Superior Council of Magistrates (SCM) and to the Ministry of Justice (MOJ), application of new laws in the areas of domestic violence and victims' protection, and ongoing monitoring and evaluation of major legislation. During these 18 months, CEELI is also working in partnership with the U.S. Department of Justice Resident Legal Advisor based in Romania to implement projects dealing with accountability of the newly independent judiciary and best practices for new judicial criminal justice responsibilities (such as arrest and search warrants and new investigation technologies).
Program descriptions below include active programs, as well as activities that were completed in 2004-2005.
Judicial ReformJudicial Responsibility in Criminal Investigations:
· CEELI has assembled a working group comprised of magistrates, law enforcement and lawyers who convene weekly to document existing practices (on the judicial and prosecutorial sides) related to the approval of warrants (arrest and search) and identify desirable methods under existing laws.
· As a result of the working group discussions, CEELI is drafting a compendium of existing practices, with analysis of desirable changes and possible amendments to the criminal code of procedures. The draft report will be circulated to other jurisdictions to identify practices that differ from those discussed by the working group; producing and testing a pilot course in collaboration with the National Institute for Magistrates, toward potential inclusion as part of the NIM curriculum; and issuing a final report with recommendations (legislative and procedural/operational) to the SCM, the Ministry of Justice and other institutions.
Judicial Ethics and Evaluations:
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CEELI held six seminars on judicial ethics to enhance judges' familiarity with their Code of Ethics and underscore its relevance to the image of the courts. CEELI also disseminated a trainers' manual on interactive techniques. The curriculum is now part of the NIM courses for continuing education and initial training, and the trainers' manual is part of the materials available for NIM trainers. Click here to read CEELI's report on the training series (also available in Romanian). Also, click here to read the trainer's manual CEELI developed for the seminars in Romanian.
· CEELI provided the SCM with field comments on the judicial Code of Ethics. Following discussions with CEELI, the SCM incorporated most of CEELI's recommendations in a new code adopted by the SCM in April 2005.
· CEELI provided the SCM with comparative materials on judicial evaluations and on judicial liabilities.
Ethics of Court Personnel:
· CEELI held 10 seminars on ethical issues for court personnel to invite clerks and trainees to discuss the draft Code for Court Personnel, which CEELI had helped produce in 2004. The faculty was trained initially by CEELI in collaboration with an EU Phare project.
· CEELI provided the SCM with field comments on the draft Code of Ethics for Court personnel. CEELI was invited also to develop commentaries on the SCM-produced version of the Code, which upon adoption in April 2005 included all but one of CEELI's recommendations. Click here to read CEELI's report on the Code of Ethics for Court Clerks and on its training series (also available in Romanian).
Court Administration Reforms:
· CEELI continued to monitor the adoption of court reforms based on CEELI's 2001-2003 pilot project, including the nation-wide adoption of random case-assignment software that CEELI produced with USAID funds.
· CEELI provided technical and policy advice to the government of Romania and to donors that have or will launch court administration reform programs or related initiatives (such as mediation, introduction of court management courses for personnel and judges, new job descriptions for court personnel).
· At the request of the Minister of Justice, CEELI coordinated the development of and drafted a new justice reform strategy and action plan (2005-2007), due March 2005 as an EU accession requirement.
Gender IssuesDomestic Violence
· CEELI has organized a working group to document current applications of the relevant laws and assess difficulties experienced by courts, law enforcement and defense counsels/advocates in implementing the existing legislation. The group is developing a document that should help improve the court decision-making process in domestic violence cases. The final product will include opinions of practitioners countrywide as well as of participants in training sessions on the topic.
· With assistance from the working group, CEELI is developing an analysis of how domestic violence and related laws are currently applied and what legislative or operational changes are desirable. CEELI will also draw on the report to develop and test a pilot course in collaboration with the National Institute for Magistrates and write a final report with recommendations.
· CEELI provided working group members, the National Coalition on Domestic Violence, Romanian government agencies and USAID with comments on two draft amendment on restraining orders, and with a preliminary assessment of the existing Domestic Violence law - this to help coordinate efforts in introducing eventual amendments to the legislation.
Anti-Corruption, Transparency and Governmental AccountabilityAnti-Corruption:
· With funding from the Organization for Security and Cooperation in Europe (OSCE), CEELI conducted an informational seminar to exchange perspectives, documents, and lessons learned and to discuss priority issues on implementation of money laundering legislation in Romania in October 2005 in Bucharest. CEELI is conducting follow-up activities to the seminar, including working group discussions that bring together international experts, reporting agents and representatives of the National Agency for the Prevention of and Fight Against Money Laundering. These sessions focus on drafting internal and interagency procedures to improve implementation of the law.
· CEELI wrote and published a final report on five seminars (under a grant to promote the South Eastern European Stability Pact Anti-Corruption Initiative) to explore application of recent anti-corruption laws. Click here to read the report in PDF format.
Transparency and Governmental Accounatbility:
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CEELI held three seminars for six pilot jurisdictions to discuss the interpretation and application of the 2001 Freedom of Information Act (FOIA) law. Attendees discussed controversial aspects of the law, drawing on a manual that CEELI wrote and produced in early 2004. The comments are being compiled to provide guidance on future jurisprudence and will be provided to the SCM. Click here to read the report that summarizes the discussions held during these seminars, shares the methodology employed and presents some of the ensuing debates and recommendations suggested by the magistrates (also available in Romanian). CEELI's brief report on the FOIA trainings is also available in Romanian.
· CEELI provided technical assistance to court-based FOIA offices and submitted recommendations to the SCM.
· On the basis of responses from seminar attendees, CEELI drafted a list of court documents that should be made available to the public, so that the SCM may issue a national list as required by law. It is noteworthy that seminar attendees did not reach consensus on such a list.
· CEELI is a member of the SCM Working Group for Relations with the Press and Civil Society and has provided technical expertise in their project to draft a guidebook for spokespersons of courts and prosecutor's offices.
Legislative ReformCEELI provided formal comments and participated in discussions on the:
· Law on Judicial Organization - adopted June 2004, further amended by Law No.247/2005;
· Law on Statute of Magistrates - adopted June 2004, further amended (247/2005);
· Law on the SCM - adopted July 2004, further amended (247/2005); and
· Mediation bill (in process).CEELI also tracked and provided comments on secondary legislation (regulations), and drafted overviews on legislative modifications for representatives of the U.S. government, EU embassies, the EU delegation and technical advisors based in Romania.
Finally, CEELI is a member of the working group appointed by the Minister of Justice to amend the penal code and the criminal procedure code, and monitor implementation of the national strategy on judicial reform.
