Professional Fellows alumnus Ion Guzun Outbound Project Report

Intercultural Exchange Between

The Brennan Center for Justice at New York University School of Law and

The Legal Resources Centre from Moldova

Professional Fellowship Program

Outbound Project Report, November 29, 2014 December 7, 2014

PFP Fellow: Ion GUZUN,

Legal officer at The Legal Resources Centre from Moldova,

Web: www.crjm.org.

33, Alexei Sciusev str., MD-2001 Chisinau, Republic of Moldova

Mobile +373 682 72 666, Office + 373 22 843 601,

e-mail: [email protected] or [email protected]

US Participant: John F. KOWAL,

Vice President for Programs, Brennan Center for Justice

Web: http://www.brennancenter.org/

161 Avenue of the Americas, 12th Floor, New York, NY 10013

Mob: +1 917 371 0049

[email protected]

The project was implemented under the Professional Fellowship Program funded and

administered by the Bureau of Educational and Cultural Affairs of the US State Department. The

Program is supported by American Councils for International Education and made possible by

the generous support of the American people

Introduction

As a participant of the Professional Fellowship Program, I was places at the Brennan Center for

Justice (http://www.brennancenter.org). The Brennan Center for Justice at NYU School of Law

is a nonpartisan law and policy institute that seeks to improve our systems of democracy and

justice. It works to hold American political institutions and laws accountable to the twin ideals of

democracy and equal justice for all.

During my fellowship between 1 30 May 2014, I managed to participate at the meetings organized the Brennan Centre programs on several issues: discussed issues included the experience of the OSI New York in the following areas: (i) amicus curiae (ii) strategic litigation

and the ECtHR cases, (iii) advocacy activities, (iv) court administration, (v) judicial vacancies,

(vi) caseloads, (vii) mass incarcerations etc. I have managed to meet with several interesting

persons with a relevant background, such as - Mr. Robert Varenik, Program manager at the OSI

New York and professor Stephen Gillers from NYU School of Law.

Additionally to my PFP, I had a great opportunity to know my host family in New York Mrs. Wenke Thoman and Mr. William III Sterns and meet with my relatives in Seattle, Washington.

As a result of one month fellowship at the Brennan Centre, together with Mr. Kowal we decided

to develop and outbound project. The project aimed to share the experience of a leading

American legal advocacy organization with Moldovan civil society experts and decision-makers

involved in justice reform in Moldova, and strengthening NGO capacity for advocacy and action

in the public interest and discuss on following issues: (i) the practice of writing and appearing

before a court as an Amicus Curiae; (ii) recusal of judges in cases involving conflicts of interest

(with a focus on judicial ethics), (iii) judicial selection, and (iv) lobbying and advocacy in

organization and/or coalitions activities. Therefore, were formulated the following objectives:

Objective 1: Get acquainted with the Brennan Centers experience on lobbying and public interest advocacy;

Objective 2: Learn from the Brennan Centers practice of filing amicus curiae briefs in legal cases in the court system and its cooperation with law firms;

Objective 3: Initiate debates in the Moldovan legal community on the submission of amicus curiae briefs by civil society organizations;

Objective 4: Share best practices relating to the promotion of fair and impartial courts, including recusals and judicial selection reform.

Ordinary Parliament Elections (30 November 2014)

Mr. Kowal accepted the challenge to participate in monitoring the election process on 30

November 2014 and was involved in a group of monitors of the Promo-LEX Association. The

Promo-LEX Association Mission is to

contribute to advance democracy in the

Republic of Moldova, including the

Transnistrian region, through promoting

and defending human rights, monitoring

democratic processes and strengthening

the civil society.

Mr. Kowal had direct opportunity to

compare the electoral process and

specifics of voting rights in Moldova and

USA.

Meeting with the Legal Resources Centre from Moldova team. (2 December 2014)

LRCM team had a meeting with Mr. Kowal. Were raised several of important issues on justice

and human rights: judiciary, prosecutors system, legal profession, legal framework and

application of the European Convention on Human Rights.

Lawyers Club (2 December 2014)

With common efforts of the Amnesty International, ABA ROLI and American Councils, was

organized a Lawyers Club. Such events are organized each month on the relevant issues to be debated and discussed with lawyers.

On 2 December 2014, at the Lawyers Club, Mr. Kowal had a presentation

to lawyers on following issues:

Filing the amicus curiae briefs in legal cases in the court

system and its cooperation

with law firms.

Recusal of judges in cases involving conflicts of interest

(with a focus on judicial

ethics).

Participants received of the electronic version of the presentation and additional information on

amicus curiae (attached). At the meeting attended up to 25 lawyers, including representatives of

the Bar Union and the National Legal Aid Council.

Participants received a confirmation certificate of participation (attached)

Meeting with GENDERDOC-M Information Center (3 December 2014)

The meeting was organized as to help a

Moldovan NGO fighting for the respect and

promote the LGBT groups rights.

Advocacy activities for legalizing the marriage for LGBT community

Successful campaigns and public actions for rights of LGBT

Involvement of volunteers; motivation of parents, relatives and friends in promotion of

LGBT rights

Meeting with the Dean of Law Faculty, Moldova State University (3 December 2014)

The meeting with Mr. Sergiu Bieu, Dean of the Law Faculty, Moldova State

University was mainly on the special status of the Brennan Center for Justice within New York University, the specific

of researches, involvement of students

and other relevant activities.

Mr. Sergiu Bieu agreed that the Law Faculty has no such experience and

practice. In this respect the status of the

Legal Clinic are to be reconsidered and

revitalized based on Brenan Centers experience.

Meeting with NGOs (5 December 2014)

One of the relevant beneficiaries of the outbound project were NGOs. The informative meeting

covered the following issues:

The practice of writing and appearing before a court as an Amicus Curiae.

Lobbying and advocacy in organization and/or coalitions activities.

Judicial disqualification and recusal, etc. The entire presentation is attached.

At the event attended up to 15

representatives of the most

relevant civil society

organizations- Independent

Analytic Centre Expert-Group, Association for Participatory

Democracy (ADEPT),

Keystone-Moldova, Soros

Foundation-Moldova, National

Youth Council of Moldova. At

the meeting attended members of

the Human Rights Resource

Group, created by the Soros

Foundation-Moldova. The group

is created as to enhance with

skills a group of human rights activists

Milestii Mici Vinery (6 December 2014)

Enhancing Moldovan professionals during Mr.

Kowals visit in Moldova, of course had a cultural side. Mr. Kowal learned on ground about the Moldovan wine heritage included in

the Guiness Book the Milestii Mici Vinery.

Findings and Conclusions:

The opportunity of having Mr. Kowal involved in the outbound project was relevant for the Legal Resources Centre from Moldova and several of open-minded civil society

representatives and lawyers on issues of lobby, advocacy, amicus curiae, disqualification

and recusal, filing actions in public interest, rights of LGBT, etc.

Relevant Moldovan public authorities and judges are not ready to discuss about filing by NGOs of an Amicus Curiae.

Lawyers are to be trained in legislation issues how properly to apply this opportunity. In relevant cases. Lawyers can request courts to allow specialized NGOs to present their

expertise.

Lawyers do not consider the opportunity to invite ombudsman office in case it has relevant expertise/knowledge nondiscrimination, prisons, psychiatric institutions, etc.

Specialized NGOs and lawyers have to advocate for opportunities provided by law to file Amicus Curiae. It is recommended to start with social rights.

Recusal system in Moldova and US is too different. Moldovan Lawyers can consider the journalists investigations on judges integrity.

Moldovan civil society experts and decision-makers learned about the Brennan Centers practice of filing amicus curiae briefs in legal cases in the court system, which they can

use for developing similar practices in Moldova;

Established networking between Moldovan and American experts acting in governmental and non-governmental field with a focus on rule of law, advocacy and action in public

interest;

Initiated debate on developing procedural rules for filing amicus curiae by civil society to the Constitutional Court and courts. Legal Resources Centre from Moldova will

encourage mass-media to attend to the event as to promote the discussed issues.