Study on Recent Practices of Funding the Judicial System of the Republic of Moldova

ROLISP assists the Government of the Republic of Moldova to implement the 2011-2016 Justice Sector Reform Strategy. The study on recent practices of funding the judicial system of the Republic of Moldova was developed with the support from ROLISP in response to a request from the Ministry of Justice of the Republic of Moldova. The study focuses on the best practices of developing and implementing court budgets in some countries, examining their methods and experience, and providing guidelines on how to adopt them in the budgeting processes and judicial reform programs in Moldova. The current budgeting context in Moldova is characterized by a lack of transparency and accountability in the courts budgeting process. The Ministry of Justice, the Ministry of Finance, and the Department of Judicial Administration are involved in the court budgeting process, but there is a need for a more efficient and effective approach. The study reviews the existing legal framework on the courts budgeting and the budgeting process, and analyzes the reports developed so far on funding the judiciary. The study examines various court budgeting models, including zero-based budgeting, program-based budgeting, performance-based budgeting, and operating and functional budgeting. It also reviews European and international court budgeting models, including those from the United Kingdom, France, New Zealand, the Slovak Republic, and Romania. These models are analyzed in terms of their strengths and weaknesses, and their potential applicability to the Moldovan context. The study provides recommendations on and approaches to court budgeting for a higher efficiency, including the adoption of a zero-based budgeting model combined with program-based budgeting. It also recommends the implementation of a performance-based budgeting model, which would involve budgeting per case. The study outlines the steps necessary to implement the chosen court budgeting model, including formalizing the concept, public debates and dissemination of the concept and methodology, approving and implementing the court budgeting regulation, training civil servants on the proposed budgeting approach, and practical exercise for a budget cycle in the chosen approach.