Monitoring Report PHARE

Projects covered:
Institution issuing the report:
Ministry of …

Report reference:
 Table of Contents

Introduction

1. Sector Basic Data

1.1 Profiles: Country - Sector
 Synoptic information on the Phare support to the Sector
 Geographical partition of the Phare support to the Sector

2. Monitoring of Progress and Results

 Financial monitoring
 Monitoring of progress towards initial Purposes
 Monitoring of results and of their contribution to the current reforms in the Sector
 Monitoring of results and of their contribution the preparation of the Country to accession to the EU

3. Conclusions
3.1 Project deviations and proposed corrective actions
3.2 Table of proposed corrective actions for decision by the SMSC

Annexes
Annex 1: Glossary of acronyms
Annex 2: Project summaries
Annex 3: Sources of information
Annex 4 : Interim Evaluation - Update of the recommendation follow up table
Annex 5: Agenda
 2. MONITORING OF PROGRESS AND RESULTS

2.1 Financial monitoring – Commitments and Disbursements

Projects Expiry d Phare % Phare % Phare Country % co- % co- Other % co- % co-
supporting ates[1] Allocatio commitments disbursements co-f Financin Financin co- Financin Financin
the Sector n inancing g Financin gc g
gc Disburse g ommitted Disburse
Ommitte d d
d

Project 1 30.11.2005 1,8 99,84 61,09 0 - - - - -

Project 2 31.05.2006 1,415,300 100 60 0 - - 0,551 USD 100 100

Project 3 30.11.2006 2,00 53,50 86,58 0,373 0 0 - - -

Project 4 30.11.2006 4,00 24,98 58.92 1,00 0 0 - - -

Project 5 30.11.2007 18 0 0 4,3 0 0 - - -

Project 6 30.11.2007 1,5 0 0 0,17 0 0 - - -

Sector Total 28,715,300 18,39 61,13 5,843,000 0 0 - - -

5,281,327.54 3,228,517.03
 2.2 Monitoring of progress towards Specific Purposes
Project(s) LFM Results
Project 1 Priority 1
Task 1 Provide Superior Council of
Magistrates (SCM) with a fine-
tuned regulatory framework and
professionally trained staff and
members
The new SCM will benefit from
professional staff well trained in
performing various tasks related to
various functions (management ,
legal, disciplinary , legal drafting,
editing law review, international
cooperation etc) and an appropriate
regulatory framework
corresponding to the future law on
SCM.
Task 2
Equipment supplied to SCM
headquarters is operational.
OVIs
Task 1
SCM staff trained and able
to effectively discharge their
duties
Regulatory framework fine-
tuned
Task 2
Documentation / equipment
in place and used:
- legal documentation
- IT equipment and
furniture
- in SCM as per annex
4
-LAN network between
SCM and courts,
respectively prosecutorial
offices
Self Assessment of Progress
Task 1
The Twinning partner has
been selected, and drafting
process of the TW Covenant is
ongoing.
Task 2
The technical specifications
for the SCM endowment have
been rejected in a first phase
as no compliant with Project
fiche and premature as to the
SCM headquarter actual
location.
Comment on progress to date
Task 1
The final draft will be submitted to
the EC Delegation’s approval in
September.
Task 2
The supply contract items for the
SCM will be modified according
to the needs of the future
headquarter of the SCM.
Therefore, a modification of the
project Fiche is intended to be
requested.
Project(s) LFM Results
Project 1 Priority 2
a) NIM
Task 6: NIM dormitory will have
20 computers and 3 printers in the
three study rooms facilitating the
access to information for trainees
NIM will have a printing house
installed
Task 7: The new space will have
appropriate furniture and facilities to
accommodate the participants to
various training courses.
Task 8:8: NIM will have a strong
network of trainers and new sitting
magistrates will benefit from
training in EU and national law.
b) TCC
Task 9: The trainers’ network will
be strengthened and 100 trainers
trained
150 sitting clerks trained
an international conference
organised
Task 10:
10: The new space will have
appropriate teaching material and
equipment for the participants of
various training courses, and these
materials will be effectively used, a
printing machine to facilitate the
dissemination of materials from the
training courses.
Task 11:
11: The new space will have
appropriate furniture to
accommodate the participants to
various training courses
OVIs
a) NIM
Task 6: IT equipment is
operative and used as
foreseen
Printing house installed
Task 7: Furniture / facilities
supplied and in use
Task 8: Number of trainers
in network
Number of trainers trained
with good results, and
retained
Number of magistrates
trained in EU and national
law
a) TCC
Task 9: Number of trainers
in network
100 trainers trained with
good results, and retained
150 sitting clerks trained,
with good results, and
retained
Study visits carried out
1 regional conference
organized
Task 10: Teaching materials
available and used at Barlad
center , printing machine
operational in TCC; IT
equipment installed and
used in the 3 regional
centres and legal
documentation bought and
used
Task 11: Barlad centre
equipped with
furniture / facilities
Self Assessment of Progress
Task 6, 8, 9, 10,
The technical specifications
and ToR for the NIM and
NSC have been rejected on
grounds of overlapping in
terms of equipment intended
to be purchased or activities to
be implemented.
Task 7, 11
The beneficiary institutions
requested a delay for
launching the contracting
procedure in order to identify
the accommodation facilities’
buildings for the use of the
training centres in Timisoara
and Birlad.
Comment on progress to date
Task 6, 8, 9, 10
The contracting documentation
will be re-submitted .for approval
upon the modification of the
project fiche that is mandatory
considering the grounds of the
rejection. This modification
will be initiated once all
beneficiaries will communicate the
intended changes of the PF, as to
avoid in as much as possible
another modification in the near
future.
Task 7, 11
Efforts have been made at the level
of the beneficiary institutions for
the identification of available
accommodation facilities for the
use of the training centres in Birlad
and Timisoara. Up to now, is has
been identified and took over
through the GO no. 568/2005 the
building for the accommodation
centre in Timisoara.
Project(s) LFM Results
Project 1 Priority 3
Task 12:
-curriculum elaborated
-manual of best practices created
-assessment report of the
implementation of the law on
mediation and recommendations for
secondary laws
-assessment report of the
methodology
- 2 conferences, 3 workshops and 2
other awareness activities
-5 training seminars delivered and 2
study visits in EU states
-10 training seminars delivered
Task 13:
Sustainable structure for legal aid,
based on the following sub-results:
-institutional assessment report
delivered
- 3 workshops delivered
- impact study delivered
-pilot court set up
-proposals for amending secondary
legislation drafted
-informative campaign organized
(seminars, brochures and
informative materials with regard
the types of legal actions, access to
lawyers, bailiffs, others informative
activities etc)
OVIs Self Assessment of Progress Comment on progress to date
Task 12: Task 12, 13 Task 12, 13
Mediation system The ToR have been approved The next contracting phase will be
institutionally anchored and published on the EU initiated according to the calendar
(bye-laws, regulations…) website and PRAG procedure.
Training curriculum for
mediators
Mediation best practice
manual
Assessment reports
Number of persons having
attended conferences,
workshops, training
seminars etc. (and feedback)
(number) of mediators
engaged in active mediation
cases
Task 13:
Legal aid structure and
mechanisms institutionally
anchored
Institutional assessment
report
Number of people trained in
workshops, and feedback
Impact of information
campaign (in terms of
applications for legal aid,
compared to the status quo
ante)
No. of relevant cases treated
by the pilot court
Project(s) LFM Results OVIs Self Assessment of Progress Comment on progress to date

Project 1 Priority 4 Task 16 Task 16 Task 16

Task 16 New IT equipment and The technical specifications The contracting procedure of the
-Cabling material and installation software is in use at the for the automation have been 22 MEuro external grant is
services for the remaining 6 courts intended locations rejected on the grounds of non presently ongoing. Upon its
of appeal, 40 tribunals and 34 first IT systems are well fulfilment of the conditionality finalisation, the MoJ will further
instance courts, 80 prosecutorial maintained stated in the PF - the submit for approval the technical
offices and 20 penitentiary units Number of systems contracting of the 22 Meuro Documentation for contracting
completed breakdowns external grant, co financing of Phare 2004 funds.
-additional RDBMS licenses the Phare 2000 project
procured and in use as per annex 4
-IT equipment (hardware and
additional basic software) and
servers for 80 prosecutorial
offices procured and operational
-IT experts from the courts , 6 courts
of appeal, 40 tribunals and 34 first
instance courts and 20 penitentiary
units and 80 prosecutorial offices
trained
-Magistrates and clerks trained in
order to get familiarised with the IT
system (CDMS, Office software,
Web browsing)
 3. CONCLUSIONS

3.1 Project deviations and corresponding proposed corrective actions

Project(s) Deviations[1] Proposed corrective Status Update on previously approved actions
actions

Project 1  Subproject 1 - TD for the  Addendum  under approval at  no other

project extension with 20 days
 Subproject 2 - TD for the
project extension with one
month
 Subproject 3 - no addendum
Project 2  No deviation to report
Project 3  DR - a new result
regarding a
TW light component has been added,
as consequence of the transformation
of one of the lots under the Supply
Contract no 3 into a twinning light one
 Addendum the EC Delegation addenda, just side letters have been initiated
 under approval at
the EC Delegation
 Project fiche modification for re-
allocation of the non-contracted funds
 Addendum regarding the Team
Leader replacement- approved
 Addendum regarding the project
extension from 16 to 20 months -
approved
 project fiche  approved  two previous
modification project fiche
modification on: budget issues and on
modification of number of re-education
centres to be endowed, from 4 to 3

Project 4  No deviation to report  two previous

project fiche modification
on endowment component clarifications

Project 5  No deviation to report

Project 6  No deviation to report

 3.2 Proposed corrective actions for decision by the SMSC

SMSC NAME AND SECTOR

Date of the SMSC meeting:

Projects Proposed corrective action Implementing body Proposed deadline SMSC Remarks
for Decision
implementati (yes/no)
on

Project 1 1. Addendum for covenant The MoJ and the beneficiary September 2011
extension institutions (SCM, NIM,
2. Addendum for covenant NSC)
extension