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Performance Audit Report Concerning "the Implementation Of The Strategy For Reform Of The Justice Sector For The Years 2011-2016 (8 Months): Generous Resource-Uncertain Results"

Original Language Title: privind Raportul auditului performanței „Implementarea Strategiei de reformă a sectorului justiției pentru anii 2011-2016 (8 luni): resurse generoase – rezultate incerte”

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    The Court of Auditors, in the presence of the President of the Superior Council of prosecutors and Mr. Mircea Roșioru, Deputy Prosecutor General Mr. Hans Clifford, Minister of Justice Mr Vladimir Cebotari, Interior Minister Mr. Abd El Basit, head of the General Inspectorate of police Mr. Pînzari, Director of the Department of Penitentiary Institutions, Mr. Wayne Louis, Executive Director of the National Institute of Justice Ms. Diana Scobioală, Director of the National Centre of Judicial expertise, Ms. Olga Cataraga , Director of the Centre for forensic medicine, Mr. Valeri Savciuc, Ombudsman (the Ombudsman), Chairman Mr. Mihail Santiago Court of appeal Chisinau Ion Pleșca, and other responsible persons, being guided by article 2 para. (1) and article 4 para. (1) (a). a) of the law on the Court of Auditors No. 261-XVI dated 05.12.20081, examined the performance audit Report "implementation of the strategy for reform of the justice sector for the years 2011-2016 (8 months): generous resource-uncertain results."
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ No. 1, 2008, 237-240, 864 (hereinafter law No 261-XVI of 05.12.2008).

By examining the results of the audit report and hearing, as well as explanations of persons with responsibility functions present in the public tender, the Court of Auditors found: overhauling the judiciary in Moldova constitute a key element in strengthening the rule of law and judicial institutions in the reinforcement in relation to citizens. Implementation of the strategy for reform of the justice sector for the years 2011-2016 represents a commitment undertaken externally in relation to Union Europeană2. For the purpose of creating additional prerequisites of fair interpretation of strategic directions, the legislature, in 2012, approved the action plan for the implementation of the strategy for reform of the justice sector for the years 2011-20163.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2 Government decision No. 669 from 02.09.2013 regarding the approval of the financing Agreement between the Government of the Republic of Moldova and the European Union on a programme of support of the reform of Justice, signed at Brussels on 14 June 2013.
3 judgment of the Parliament no. 6 from 16.02.2012 regarding the approval of the action plan for the implementation of the strategy for reform of the justice sector for the years 2011-2016.

The European Union has undertaken to support the Government of the Republic of Moldova in reforming the justice sector with effect from 2013, providing financial sustainability budget support totalling 60.0 Mio. euro.
Although efforts have been made for the edification of a justice sector corresponding to European standards, not all action taken by the institutions under their responsibility have resulted in expected outcomes.
Result of a stack of circumstances, including the crossroads of measures and actions to reform the justice sector, development partners have been forced to suspend financial support for this sector. The audit report includes the main issues to be addressed, as well as deficiencies and irregularities identified, which undermines the positive effects of reform started.
Among the determining factors that have affected the achievement of actions stipulated by walking directly and compelled the positive impact in achieving the goal of justice sector reform, and, therefore, have been the major impediments to the success of them, indicate a failure to: ► Advanced managerial responsibility to the efficient use of public funds by the top managers within the institutions responsible for the implementation of the strategy for reform of the justice sector;
► the fact that no distinct responsibilities for coordinating, carrying out and monitoring the process of budget planning on the part of key actors, and insufficient institutional capacity development in terms of analysing the different options of perspective and assessment of their impact, including costs and effectiveness of investments made;
► the redirection of funds worth groundless total 42.0 URmil.lei, presented for some distinct actions foreseen in the strategy for the reform of the justice sector;
► nerigurozitatea and irrelevance of the use of public assets in the total amount of URmil.lei 79.9 to renovate the premises of courts, in the absence of adequate justification, relevant and proportionate financial allocations;
► the desired impact in increasing the relevance of the efficiency of the courts, for this term being extended by 10 years, while estimating is significant additional funds in the amount of about 1.5 bln. Lions, under an austere budget;
► the inefficiency of the management of funds in the amount of 2.9 URmil.lei arrangement of spaces intended for hearing and assistance to children, not established separate criteria for carrying out this action per country;
► sectoral working groups to coordinate and monitor the implementation of the strategy for reform of the justice sector were ineffective, and the actions undertaken have not had the expected impact, uncertainties in the process of being established for determining the level of implementation of the actions envisaged.
In the context of those exposed, the plenum of the Court of Auditors concludes that the objectives and outcome indicators not met expected results, advocating for a continuous monitoring of the implementation of the reform strategy point to justice sector for the years 2011-2016, along with taking up the theme audit missions, in order to increase awareness of the supreme authorities of the State on the subject concerned.     Excluding the problems identified are required prompt actions in terms of remedying the shortcomings noted, the strengthening of institutional capacities, to ensure proper guvernanțe, which will allow the achievement of the objectives, as well as efficient management, judicious and accountability of public money.
Concluding from the exposed, in accordance with article 7 para. (1) (a). a), article 15(1) thereof. (2) and paragraphs 1 and 2. (4) article 16, subparagraph (a). c) and art. 34 para. (3) of law No. 261-XVI of 05.12.2008, Court of Auditors decides: 1. to approve the performance audit Report "implementation of the strategy for reform of the justice sector for the years 2011-2016 (8 months): generous resource-uncertain results", which is attached to this judgment.
2. This decision and the report of the audit shall be submitted:

2.1. Superior Council of Magistracy, the General Prosecutor's Office, Ministry of Justice, Ministry of Internal Affairs, the Office of the Ombudsman, the General Inspectorate of police of Ministry of Internal Affairs, the Department of Penitentiary Institutions, the National Institute of Justice, the Centre for forensic medicine, and the National Centre of Expertise, to: 2.1.1. establishment and application of firm action, with continuity and consistency, in order to implement effective and neîntârziate of a system of financial management and internal control, to strengthen institutional capacity and speeding up the implementation of processes and actions provided for in the reform of the justice sector;
2.1.2. the establishment of the necessary measures with a view to the liquidation of the deficiencies identified and the execution of the recommendations set out in the audit report;
2.2. The Ministry of health, for making attitude and undertaking the necessary measures with a view to identifying appropriate facilities which meet the standards and operational requirements, for genetic laboratory expertise;
2.3. The Ministry of finance, for the documentation and assessment of the weaknesses that led to inefficient use of nejudicioasă and, in some cases, public money, the attainment of the intended reform of the justice sector;
2.4. European Union Delegation, for information;
2.5. The Moldovan Government, for autosesizare and hearing during a meeting of all government entities responsible for the implementation of the reform in the field of Justice, in order to identify appropriate solutions, and additional recovery, unequivocally, the problems observed, in order to give an impulse to the achievement of the commitments;
2.6. The President of the Moldovan Parliament for information;
1.7. Parliamentary committees: legal, permanent appointments and immunities; economy, budget and finance, for autosesizare and a possible usage in related decision-making reforms and initiatives in support of the policy in the field of Justice;
2.8. the President of the Republic of Moldova, for information.
3. notes that, in the course of carrying out the Mission of the Department of Penitentiary Institutions, audit of accounts recorded in the fixed assets worth 6.3 URmil.lei and signed the minutes of the final reception of the prison canteen-Cricova.
4. About the execution of the requirements of subparagraphs 2.1. -2.3. of this Ruling, including the implementation of the recommendations of the audit, shall inform the Court of Auditors periodically (once a quarter) over a year after its publication in the Official Gazette of the Republic of Moldova.
5. This decision shall be published in the Official Gazette of the Republic of Moldova in accordance with article 34 para. (7) of the law on the Court of Auditors.