of judges’ performance and their promotion. Representatives of other public and private
institutions and civil society should be included in existing evaluation mechanisms.
Opportunities should be provided for the feedback about court operations and
performance of judges and court personnel. For this purpose, consider installation in
each court of secure boxes for collecting public opinions and complaints.
Assess whether the current curriculum for continuing professional training of magistrates
addresses the “whole person” behind the profession or whether it merely concentrates
on immediately relevant legal topics. If necessary, initiate expansion of the curriculum
by including topics that have been brought to the fore by the increased relevance of the
judiciary in a democratic system of government and consequent public demands for
competence, effectiveness and integrity on the part of judicial officials.
Take measures to eliminate unjustified obstacles that hinder or prevent public scrutiny
of court proceedings, clarifying broadly worded legal grounds for closing hearings and
discouraging or prohibiting their unreasoned application by judges.
To the National Institute of Justice
Expand the curriculum for continuing professional training of judges and prosecutors
to reflect the ever-increasing relevance and responsibility of the judiciary in Moldova by
including topics related to:
democratic theory;
the role of the judge, prosecutor and lawyer in a democratic society;
in-depth analysis of fair trial standards;
standards and practical application of judicial, prosecutorial and legal professional
ethics and conduct;
courtroom psychology;
judicial skills such as legal reasoning, methods of legal interpretation, judicial
decision-making, and opinion writing;
administrative skills such as efficient work organization, backlog reduction
techniques, effective case management, time management, and use of technology.
As an immediate priority, develop and propose managerial courses for court presidents
that include information on modern techniques for management, organisation and
maximisation of available space, management of court clientele, personnel and case
flow, the advantages and opportunities for automation, etc.
Refine the training of court staff, in particular court clerks and interpreters, to take into
account the impact of fair trial guarantees and professional ethics on their functions.
To the General Prosecutor’s Office
Review the current text and application of the Code of Ethics for Prosecutors. Make sure
indications of defendant’s guilt before the pronouncement of a judgement, and use of
pressure to make statements or admit guilt constitutes direct grounds for disciplinary
action.
85
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