After four years of reform: justice  between transformation and  consolidation

The conclusion of the Strategy on Ensuring the Independence and Integrity of the Justice  Sector for 2022–2025 marks the end of an ambitious cycle of reforms and the beginning of  a less spectacular but more difficult phase: the transformation of the new rules and  institutions into a functional normality of the rule of law.

Four years of implementation of the Strategy on Ensuring the Independence and Integrity  of the Justice Sector for 2022–2025 provides sufficient distance for an assessment that goes  beyond the daily dynamics of reforms and looks at the system as a whole. The period  coincided with the profound change in the public policy framework determined by the  European path of the Republic of Moldova, and justice became one of the areas where the  pace of legislative and institutional interventions was the most intense.

During this period, the constitutional guarantees on the independence of the judiciary were  revised, the self-administration bodies were reorganized, the role of the Supreme Court of  Justice was reconfigured, extraordinary mechanisms for assessing the integrity of judges  and prosecutors were introduced, and the rules of selection, promotion and professional  accountability were modified. In parallel, reforms have been initiated on the administration  of courts and prosecutors’ offices, digitization of judicial services, access to justice,  protection of vulnerable persons and development of alternative dispute resolution  mechanisms.

However, these changes should not be reduced to a list of normative acts and reorganized  institutions. The sustainable contribution of the Strategy lies in trying to treat justice as a  system, in which independence, integrity, quality of justice, administrative capacity and  citizen access are interdependent components. Justice is not only a state power that must  be protected against interference, but also a public service that must be administered  professionally, transparently and predictably.

This approach also changes the way independence and integrity are understood.  Independence cannot be ensured solely by constitutional guarantees, if self-administration institutions do not function effectively, if vacant positions are not filled on time, or if the  courts do not have the necessary resources. Integrity cannot remain only an individual  requirement addressed to the judge or prosecutor, but must be supported by credible  mechanisms for selection, evaluation, prevention and accountability. At the same time,  neither independence nor integrity alone is sufficient to produce swift, coherent and  accessible justice.

From changing rules to changing institutions

This is the difference between a legislative reform and an institutional one. The first  changes the rules; The second changes the way institutions operate every day. A law can  be adopted in a single parliamentary cycle and can enter into force immediately. An  institution needs time to adapt its procedures, skills, managerial practices and  organizational culture.

The justice reform in the Republic of Moldova has reached precisely this point. In recent  years, institutions have been called upon to simultaneously implement constitutional  amendments, reorganizations, extraordinary evaluation mechanisms, new career  procedures and digital transformation projects, without interrupting their current activity.  Under these circumstances, the delays in the operationalization of some mechanisms, the  duration of the evaluation processes, the slow filling of vacant positions or the difficult  development of some information systems cannot be explained exclusively by the quality  of the legislation or by the will to reform. They also show the limits of the institutional  capacity to simultaneously absorb such a large volume of change.

That finding does not justify the delays or diminish the requirement of liability. However, it  indicates where the center of gravity of public policies must be moved. After a period  dominated by rule-making and adoption, the success of the reform increasingly depends  on management, human resources, infrastructure, digital interoperability, inter institutional coordination and the ability to use data for decision-making.

Therefore, the performance of justice can no longer be measured only by the number of  laws adopted, institutions reorganized or actions formally carried out. The relevant test is  the effect produced: the duration of the examination of cases, the quality and consistency  of decisions, the accessibility of procedures, the effective execution of solutions, the  protection of vulnerable persons and the confidence that the system inspires. Formal  modernization begins with the change of rules; Effective modernization becomes visible  when the citizen feels the change in their concrete interaction with justice.

From this perspective, the Strategy’s assessment should be regarded as an interim one.

A different institutional architecture has been created, transparency and accountability  standards have been raised, and the reform agenda has been expanded beyond the  traditional theme of independence and anti-corruption. But architecture, no matter how  well designed, is not yet equivalent to functioning. The next step must demonstrate that  the institutions can deliver consistent results, cooperate and resist political change without  reverting to the logic of permanent interventions and exceptional solutions.

After the reform, consolidation begins

The next policy document for the justice sector must therefore have a different mission. If  the Strategy for the years 2022–2025 was largely oriented towards rebuilding the  regulatory and institutional framework, the new cycle must transform this architecture into  a functional, resilient and results-oriented system.

Firstly, the focus must shift from monitoring the implementation of actions to assessing  their impact. The adoption of a law or the establishment of a mechanism does not, in itself,  represent final results. Each major intervention must be assessed by its effects on the  quality of justice, the length of proceedings, the uniformity of practice, access to services  and public trust. Quantitative indicators remain necessary, but need to be complemented  by result indicators, regular evaluations and independent impact analysis mechanisms.

Secondly, institutional capacity building must become a strategic objective in its own right  in the next justice strategy. The management of courts and prosecutors’ offices, resource  planning, filling vacant positions, developing administrative skills and investments in  infrastructure can no longer be treated as ancillary activities. Without institutions capable  of applying the rules coherently, the reform risks remaining dependent on successive  legislative interventions.

The human resource must be placed at the center of this effort. Recruitment, continuous  training, performance evaluation, motivation and retention of professionals must be  integrated into a unitary policy. A system under prolonged reform pressure needs not only  increased demands, but also organisational stability, fair distribution of tasks and credible  job prospects. The culture of integrity and responsibility is built sustainably when it is  accompanied by competence, institutional leadership and adequate working conditions.

Digital transformation must, in turn, go beyond the logic of separate applications and aim  to form an interoperable ecosystem. Digitalization is not an end in itself, nor is it just a  technological project. It must simplify procedures, reduce administrative burdens, enable  the intelligent use of data and improve the litigant experience. A fragmented digital system  can reproduce, in electronic form, the same inefficiencies that the reform seeks to eliminate.

The new strategic cycle must look at justice as a broader institutional ecosystem. The  functioning of courts and prosecutors’ offices also depends on the quality of the legal  profession, notaries, bailiffs, mediators, judicial experts and authorised administrators.  Coherence of professional standards, interoperability of procedures and dialogue between  these components are essential for reform to deliver results across the entire justice chain.

Equally important is public communication. Trust cannot be obtained only by presenting  the number of actions performed. Institutions need to explain decisions, communicate  difficulties honestly, consult users of judicial services and turn data on their experience into  a management tool. Dialogue with society is not a complementary activity, but a  component of good governance of justice.

Finally, the future public policy document for the justice sector must remain flexible in  relation to the process of accession to the European Union, without confusing external  compliance with the purpose of the reform. European standards provide direction and  discipline, but the ultimate goal remains to build a system that works efficiently,  independently and predictably for the citizen, regardless of the political cycles and  pressures of the moment.

Instead of conclusions

Four years ago, the dominant question was whether the Republic of Moldova can initiate  and support a comprehensive justice reform. Today, the question is more demanding: can  the institutions created or reorganized function stably, produce results and turn new rules  into common practice?

Citizens will not measure their trust by the number of strategies adopted or by the volume  of amended legislation. They will measure it by the time spent in court, by the clarity and  predictability of the solutions, by the effective access to the defense and by the certainty  that the law is applied with the same rigor to everyone.

That is why the next strategic cycle must not abandon reform, but change its pace and tools.  Fewer successive regulatory interventions, more evaluation of effects; fewer exceptional  solutions, more stable institutional mechanisms; Less focus on formal architecture, more  attention to how it works.

If the first strategic cycle required the courage to change, the next will require the patience  and discipline to strengthen. Institutions do not become powerful the moment they are  created, but when they function naturally, predictably and independently. The real success  of the reform will come when society stops perceiving it as a succession of changes and  begins to recognize it as normality.

This op-ed is developed within the project “Ensuring the integrity, efficiency and  independence of the justice system in Moldova – #Justice4Moldova”, funded by the  European Union and co-financed by the Soros Foundation Moldova. The content of the  material belongs to the author and does not necessarily reflect the views of the European  Union and the Soros Foundation Moldova.