Saturday, August 4, 2012

Iasi, Romania: Referendum to Impeach the President

It was exciting to be in Romania as citizens were voting on a Referendum to Impeach President Traian Basescu. (Sunday, 29 July 2012)

Below please find pictures of campaign signs as well as snapshots of television news programs covering the election.  The news agency created a graphic "Ziua Judecatii":  "Day of Judgment." 

I had the opportunity to visit polling sites in Iasi and to speak to a President of one of the polls.  At this poll, turnout was at about 45% with 4 hours of voting left.  (50% turnout nationwide was required for the Referendum to take effect.)  There was only one observer there when I visited (from the UN).

In Romania, citizens must be 18 years old to vote and must present their ID cards.  Voters' IDs are accompanied by a pull-out paper attachment, which will be stamped at the polling place when the citizen has voted. Presumably, this would stop someone from voting twice in the same election.


I loved that voting takes place on a Sunday and that the polls stay open until 11:00 pm. I love this, because one would expect that voting on a Sunday, and for extended hours, would make it easier for people to vote.  (Unlike in the U.S., where election day takes place on a Tuesday/workday.)


In this case, however, turnout did not reach the 50% threshold.  Thus, even though opinion polls showed that most Romanians were in favor of the impeachment (and more than 87% of those who voted, voted in favor of impeachment), the President was not impeached.

To see the IFES/USAid Election Guide, click here
http://electionguide.org/election.php?ID=2294











Here's a BBC News article announcing the election results"

http://www.bbc.co.uk/news/world-europe-19034173

"Romanian President Traian Basescu has survived a referendum on his impeachment, after turnout fell below the 50% needed to validate the vote.
"Of those who voted, 87.5% backed impeachment, according to the Central Election Bureau.
"Mr Basescu, who has been suspended by parliament, had asked his supporters to boycott Sunday's vote.
"Mr Basescu's arch-rival, Prime Minister Victor Ponta said the president no longer had any legitimacy in office.
"The centre-left government had accused the centre-right president of exceeding his authority and of meddling in government affairs.
"On Monday morning the Central Election Bureau said turnout reached 46.13%.

and another BBC News article about the recent Constitutional Court decision

http://www.bbc.co.uk/news/world-europe-19332259

"Romania's top court has ruled that a referendum on the impeachment of President Traian Basescu was invalid, because turnout failed to reach 50%.
"The decision thwarts efforts by Prime Minister Victor Ponta to oust Mr Basescu, a bitter rival.
"It means Mr Basescu, who was suspended from his post pending the referendum, can now return to the presidency.
"In the 29 July referendum, more than 87% voted for impeachment - but only 46% of registered voters took part.
"The rivalry between the Mr Ponta and Mr Basescu reached a stand-off after the former accused the president of obstructing government policies and starting a witch hunt against politicians from rival political parties.
"But, ahead of the Constitutional Court's verdict on Tuesday, Mr Ponta said: "If six (judges) decide to declare the referendum invalid... then Basescu returns to his post."
"The chief judge of the court, Augustin Zegrean, confirmed that the ruling against the referendum was passed "with a legal majority of 6-3".
"Romania's acting president and co-leader of Mr Ponta's ruling alliance, Crin Antonescu, promised to abide by the court ruling."

Friday, August 3, 2012

Iasi, Romania: Palatul Culturii and Palas Mall

We traveled to Iasi, Romania for the weekend with our friend Diana.  Peggy was so excited to visit the new Palas Mall, in the shadow of the Palace of Culture. She was on a mission for high heels and a new purse (?!). We were in the right place...and we scoured the entire mall looking for just the right pair. Happy to report that mission was accomplished!

I would love to visit the Palace of Culture. I think there are four museums inside. Sadly (for us) it is closed right now for renovations.  I guess this means we must return to Iasi when it re-opens.


For more about the Palas Mall

http://www.palasiasi.ro/palas-mall/

For more about the Palace of Culture, Palatul Culturii

http://www.palatulculturii.ro/


Yes, Peggy wanted to eat lunch at the Subway


There is a great kids play center where you can drop off the kids and go shopping.







Beautiful view of the Palace of Culture from the food court.  And Peggy had her favorite (Chinese) for lunch.

State Chancellery



I stopped by to visit a former colleague who is now working on a project supporting the State Chancellery. She is assisting with compiling reports about where foreign investment funds are being spent in Moldova, to improve transparency.

She has a great office in the Government Building.  Peggy and I play in the Cathedral Park that is across the street most every day. The Government Building is in the background of many of my pictures of Peggy in the park. It was fun to be on the inside, looking out!

Promo-LEX Moldova

My current research project is about the impact of decisions of the European Court of Human Rights on legal reform in Moldova.

I appreciated the opportunity to interview one of the attorneys with Promo-LEX who is an expert in the litigation before the European Court of Human Rights, especially concerning human rights violations involving the separatist region Transnistria. 
 
You can learn more about Promo-LEX's human rights and litigation program and access reports -- such as "Capacity Building for Promotion of Human Rights and Democratic Institutions in the Transnistrian Region of Moldova 2012" and "The Media market and the Access to Media on the Left Bank of the Nistru 2011" -- on the Promo-LEX website:  http://www.promolex.md/index.php?Lang=en


Promo-LEX provides free legal assistance on issues concerning human rights violations to residents of Transnistria.  On the Promo-LEX website there is also a a "litigation" tab where you can find judgments of the European Court of Human Rights against Moldova.

(See older posts on this blog to view pictures from my travel to Transnistria, posted in March 2011.)


More about the mission of Promo-LEX:

"The Promo-LEX Association is focused on promoting democratic values and on implementing internationally recognised standards in the Republic of Moldova, including the Transnistrian region.

"Mission – To advance democracy in the Republic of Moldova through promoting and defending Human Rights and strengthening Civil Society.

"Promo-LEX does it's work through strategic litigation; free legal assistance services; human rights and civic education program; as well as by informing, training and coaching newly created NGOs and initiative groups.
Promo-LEX is a national level organization that focuses its activity mainly in the Transnistrian region of Moldova.

"Promo-LEX Association is a non-governmental, not-for-profit and politically independent organization, working for the public benefit and performing its activity in accordance with the Republic of Moldova current legislation. Promo-LEX is registered by the RM Minister of Justice."

Thursday, August 2, 2012

ABA Rule of Law Initiative in Moldova

The American Bar Association's Rule of Law Initiative manages several programs in Moldova -- on anti-corruption and public integrity, criminal law reform and anti-human trafficking measures, legal education reform and civic education, legal profession reform, and women's rights initiatives.

I very much appreciated the opportunity to meet with and to interview several of the attorneys who are working with the ABA ROLI program in Moldova.

The Civil Law tradition does not embrace precedent, or judge-made law, as we do in the Common Law tradition. This puts Moldova in the interesting position in which Moldovan courts are bound to apply international court precedent -- rulings of the European Court of Human Rights -- but not not decisions of their own Supreme Court. 

The ABA ROLI team recently hosted a conference on strengthening precedent in Moldova.  And they solicited the assistance of Moldovan judges and law professors to edit a volume -- Jursipredenta Curtii Supreme de Justitie in materie penala (2008-2010) -- which is a casebook of relevant Supreme Court precedents.

Officially and legally judicial precedent is not a source of law in Moldova.  Yet, the benefit of stare decisis is that it promotes continuity and consistency in the law. Inherent in the concept of stare decisis is a theory of justice:  that similarly situated people should be treated similarly.

With the major Judicial Reform Strategy that is underway in Moldova (more on that in subsequent blog posts), I believe the compendium that the ABA published will be a great start to promote uniformity and consistency in judicial practice in Moldova.  I hope it will be welcomed by practitioners -- judges, prosecutors, law professors -- as they seek to improve the judicial process in Moldova.

I learned a great deal from my meetings with the ABA ROLI team -- and am most grateful for the assistance in arranging additional interviews for me with other judges, law professors, and lawyers.

You can access more information about the ABA ROLIs programs here:

http://www.americanbar.org/advocacy/rule_of_law/where_we_work/europe_eurasia/moldova.html

Wednesday, August 1, 2012

Peggy's Kids Care Project, Peace Corps Volunteers in Telenesti, Part 2

After we left the new sports field at the Titus Foundation Center with Thomas, we visited the Center where Andy works -- the Social Reintegration Center for Youth.

Here we met the Director, and Peggy gave her some sports equipment for the Social Reintegration Center for Youth.  Sadly, the children here were napping at the time we stopped by, so Peggy was not able to play with them.

However, we enjoyed our tour of this facility, which now includes a greenhouse vegetable garden (one of Andy's projects).  Vegetables grown in the garden (by the children) are used at the Center and can also be sold at the market for funds to support the Center's activities.

To find out more about the Peace Corps' activities in Moldova, click here. (Also, there is a link if you are interested in contributing to Peace Corps projects in Moldova directly.)

http://www.peacecorps.gov/learn/wherepc/easteurope/moldova/






The Director gives Peggy some of the tomatoes grown in the Center's greenhouse.

The suitcase of sports equipment makes its way to its new home in Telenesti

Peggy learns more about wells and life in the village


the drive back to Chisinau

this well is no longer used, but still Peggy could get up close and learn more about how it works




Peggy's Kids Care Project, Peace Corps Volunteers in Telenesti

Peggy worked on 2 projects in Moldova as a part of her Gifted Kids Care assignment. The first was with Casa Gavroche in Chisinau, and the second was with Peace Corps Volunteers in Telenesti (about an hour and a half from Chisinau).

Peace Corps Volunteers Thomas and Andy are working with the Titus Foundation Center in Telenesti to develop a new Sports Field  -- and when we asked what we could do to help, we were told that we could bring soccer balls and pumps for the kids to use on this new field (along with any other sports equipment we might be able to find).

(Thomas is a Volunteer with the Agribusiness and Rural Business Development Program. He primarily works as a consultant in the local district council in Telenesti, but he works on many secondary projects involving youth in the community as well.)

We are grateful to the support of our friend and Vice Mayor of the City of Seminole, Florida -- Leslie Waters -- and the donations she and other community leaders in Seminole provided.  A special thanks to an elementary school principal and the coach of the Little League in Seminole!  Thanks to Ms. Waters and the Seminole Little League, we had an entire suitcase full of sports equipment!  (We will include more details in another post, of Peggy's visit to the City Council Meeting in Seminole, Florida.)

What a fun afternoon we had at the Center!

We had a quick tour of the facility (which includes an orphanage as well as this Center that runs after school and summer programs for kids in the village), and then we met the kids.  We presented them with some of the soccer balls and pumps. And they presented us with friendship bracelets and a vase!  Then, the soccer game commenced.

(The baseball/softball equipment will be brought out in a few weeks when the new school year after school program begins.)

After our soccer game (and time on the swings), we visited another center for kids in Telenesti and brought some of the sports equipment to them. (More to come in the next blog post)

To find out more about the Peace Corps in Moldova, click here.  (There is also a link, if you are interested in donating directly to Peace Corps projects in Moldova)

http://www.peacecorps.gov/learn/wherepc/easteurope/moldova/

Meeting Peace Corps Volunteers Thomas and Andy


The Sports Field, under construction



Thomas translates our remarks to the children at the Center


Peggy is presented with a friendship bracelet for her -- and some for her friends back home who contributed to the project!

And I was presented with a beautiful vase













Gracie also wanted to play with the kids in Telenesti


putting some of the new sports equipment away