of the justice sector13 was launched for public consultation by the Ministry of Justice, but it was not
adopted. The People's Advocate recommended improving the draft from the perspective of a human
rights-based approach. The Ombudsman was of the opinion that the relevant policy document
should address the real needs of beneficiaries / rightholders with clear goals set in order to
streamline the process of assessing the progress made following its implementation.
According to a press release of the Ministry of Justice from 03.01.2020, the new drafts on
justice reform14 developed by the Ministry of Justice based on the proposals / suggestions made
during discussions with actors in the justice sector during 2019, were submitted to the Council of
Europe.
At the same time, the Parliament has not adopted the comprehensive legislation to criminalize
hate crimes, in line with the provisions of the UN Convention on the Elimination of Racial
Discrimination. We remind you that the draft law no. 301 for the operation of the amendments in
the normative framework regarding the regulation of hate crimes was adopted by the Parliament, in
the first reading, in December 2016.
On 22.10.2019, the Committee on Legal Affairs, Appointments and Immunities and the
Committee on Human Rights and Interethnic Relations of the Parliament organized public
consultations on draft no. 301, revised by the Ministry of Justice, but the draft was not adopted in
the final reading.
During 2019, the Constitutional Court ruled on issues related to the right to a fair trial.
The Constitutional Court 15 has ruled that paragraph 2 of Article 265 of the Code of Criminal
Procedure16 contravenes Article 20 in conjunction with Articles 16 and 23 of the Constitution. The
Court noted that the right to lodge an appeal can only be effectively exercised from the date on
which the contested act is brought to the person's notice. Otherwise, it risks becoming theoretical
and illusory. Since the state guarantees a right, it must create the premises for its realization. The
Ministry of Justice prepared a draft law to amend some normative acts for the execution of the
Decision in question, which was finalized, including following the suggestions of the People's
Advocate.
13
http://www.justice.gov.md/libview.php?l=ro&idc=4&id=4330
Draft Strategy for ensuring the independence and integrity of the justice sector for the years 2020-2023; the draft
Action Plan for the implementation of the Strategy for ensuring the independence and integrity of the justice sector for
the years 2020-2023; draft proposal to assess judges.
15
Decision of the Constitutional Court no. 6 of March 19, 2019.
16
"The refusal of the criminal prosecution body to receive the complaint or denunciation may be appealed immediately
to the investigating judge, but not later than 5 days from the moment of refusal."
14
10