Outline of the Project

Project Name

The Legal and Judicial Development Project (Phase IV)

Country

Phnom Penh, Cambodia

Period

From 01 April 2012 to 31 March 2017

Counterpart

Ministry of Justice of Cambodia, Royal Academy for Judicial Profession (RAJP), Bar Association of Kingdom of Cambodia (BAKC), and Royal University of Law and Economics (RULE)

Project Purpose

Core members of the MOJ officials, the legal professionals, and the lecturers at university enhance the comprehensive understanding of the CC and the CCP, in order to implement these laws properly and independently and to disseminate them widely.

Overall Goals

New and existing laws and regulations including the Civil Code (hereinafter referred to as CC) and the Code of Civil Procedure (hereinafter referred to as CCP) are drafted, amended and implemented independently and continuously.

Outputs

1. The capacity of the core people of each related organizations; MOJ, RAJP, BACK, RULE for understanding and implementing the CC and the CCP properly, are developed through the Working Group (hereinafter "WG") activities.
2. Through the presentations and discussions in Joint Working Group (hereinafter "JWG"), the knowledge concerning the CC and the CCP and perceptions on practical issues are shared among the members, as well as the capacity as trainers of presenters are enhanced. The results of the discussions in JWG sessions are compiled as materials.
3. The Capacity of the MOJ to correspond appropriately to the inquiries on the CC and the CCP both from the internal staffs and other ministries to draft and revise the laws and regulations related to the civil matters is enhanced.
4. Inter-ministerial Prakas on Immovable Registration pertaining to the CC is drafted, and the knowledge necessary for its proper implementation is disseminated.

Project Activities

1 Working Group (WG) Activities

1-1 MOJ WG

1-1-1	MOJ selects and nominates the MOJ WG members and organizes MOJ WG.
1-1-2	MOJ WG meeting is held about once a week.
1-1-3	WG members improve their understanding of the CC and the CCP through WG activities including lectures by Japanese experts.
1-1-4	WG members prepare materials for dissemination seminars, through the WG activities.
1-1-5	WG members select the presenter for each JWG meeting.
1-1-6	WG members summarize the lectures and discussions in WG meeting and prepare for presentation in JWG meeting.

1-2 RAJP WG

1-2-1	RAJP selects and nominates the G members and organizes RAJP WG.
1-2-2	RAJP WG meeting is held about once a week.
1-2-3	WG members discuss on the themes of the CC and the CCP in WG meetings.
1-2-4	WG members select the presenter for each JWG meeting.
1-2-5	WG members summarize the discussions in WG meeting and prepare for presentation in JWG meeting.
1-2-6	Scientific Research Center of RAJP utilizes materials of WG.

1-3 BAKC WG

1-3-1	BAKC selects and nominates the BAKC WG members and organizes BAKC WG.
1-3-2	BAKC WG meeting is held about once a week.
1-3-3	WG members improve their understanding of the CC and the CCP and discuss on the themes of the CC and the CCP in WG meetings.
1-3-4	WG members select the presenter for each JWG meeting.
1-3-5	WG members summarize the discussions in WG meeting and prepare for presentation in JWG meeting.
1-3-6	WG members prepare materials for dissemination to the other members of BAKC and for education in Lawyers Training Center, through the WG activities.

1-4 RULE WG

1-4-1	RULE selects and nominates the RULE WG members consisting of full-time professors on CC and organizes RULE WG.
1-4-2	RULE WG meeting is held about once a week.
1-4-3	WG members deepen their understanding of the CC and the CCP, especially in comparison with old CC and CCP.
1-4-4	WG members select the presenter for each JWG meeting.
1-4-5	WG members summarize the discussions in WG meeting and prepare for presentation in JWG meeting.

2 Joint Working Group (JWG) Activities

2-1 Arrangement for holding JWG meetings

2-1-1	JWG secretariat is organized by the selected representatives from each WG.
2-1-2	JWG secretariat meeting is held and the theme on the CC or the CCP is set. Date of JWG meeting and the topics of the presentation for each WG are decided and notified.

2-2 JWG activities

2-2-1	JWG meeting is held and members make comments and questions on the presentations by the representatives of each WG.
2-2-2	Invite non-members who have special interests on the themes as observers based on the themes and necessities, and share the comprehensions through discussions.
2-2-3	Compile the discussion in the JWG into the minutes, share among the members and file properly with presentation materials
2-2-4	Summarize the outcomes of the JWG meetings in the form of journal and publish them.

3 Capacity Improvement of MOJ for proper implementation of the CC and the CCP

3-1 Handling the questions concerning the CC and the CCP from inside and outside of the MOJ

3-1-1	MOJ sets up the portal team with allocation of the necessary staffs to handle the questions asked from inside and outside of the MOJ.
3-1-2	MOJ distinguishes the questions to be answered and the ones not to be answered, examines the contents and drafts answers.
3-1-3	MOJ makes inquiries to the Japanese expert team if necessary, presenting the result of research and analysis of the issues and draft answers.
3-1-4	The Japanese expert team examines the inquiries and answer to the MOJ team in the designated session, if necessary.
3-1-5	MOJ presents answers to the questioners and files the records of examining process and answers as records.

3-2 Handling the inquiries on the draft laws and regulations by other ministries.

3-2-1	MOJ establishes the portal framework for inquiries on laws and regulations from other ministries.
3-2-2	MOJ drafts answers after examining the consistency with the other laws and regulations such as the CC and the CCP.
3-2-3	MOJ makes inquiries to the Japanese expert team if necessary, presenting the result of research and analysis of the issues and draft answers.
3-2-4	The Japanese expert team examines the inquiries and answer to the MOJ team in the designated session, if necessary.
3-2-5	MOJ present answers to the ministries concerned and files the records of examining process and answers as records.

3-3 Corresponding to the laws and regulations related to the civil matters drafted by MOJ

3-3-1	MOJ sets up the drafting group with allocation of the necessary staffs to draft or revise the laws and regulations related to the civil matters.
3-3-2	MOJ drafting group clarifies the issues or problems in the process of drafting laws and regulations in MOJ.
3-3-3	MOJ makes inquiries to the Japanese expert team if necessary, presenting the result of research and analysis of the issues and draft answers.
3-3-4	The Japanese expert team examines the inquiries and answer to the MOJ team in the designated session, if necessary.

4 Drafting of Inter-Ministerial Prakas on Immovable Registration pertaining to the CC

4-1	Joint committee between MOJ and MLMUPC completes drafting Inter-Ministerial Prakas on Immovable Registration pertaining to the Civil Code.
4-2	Prepare formats and manuals for implementation of the Inter-Ministerial Prakas on Immovable Registration pertaining to the Civil Code.
4-3	MOJ and MLMUPC implement dissemination seminars on the Inter-Ministerial Prakas on Immovable Registration pertaining to the Civil Code.

Input

From Japanese side:

(1) Long-term Experts

• Chief Advisor / Legal Training
• Legal Training on Practice
• Legal Training on Theory
• Immovable Registration (first 2 years)
• Project Coordinator

(2) Short-term Experts

(3) Training in Japan

(4) Machinery and Equipment : Limited provision based on the needs

(5) Project Activity costs

(6) Support system in Japan

• Working Group on the CC
• Working Group on the CCP
• Advisory Group on Immovable Registration

From Cambodian side:

(1) Counterpart Personnel

• Project Director: Minister of Justice, Cambodia
• Project Manager: The Secretary of State, and the President of RAJP
• Members of Working Groups

(2) Facility and Equipment

(3) Local Cost