Outline of the Project

Project Name

The Legal and Judicial Development Project (Phase V)

Country

All over Cambodia (mainly Phnom Penh)

Period

From 01 April 2017 to 31 March 2022

Counterpart

Ministry of Justice (MOJ), Ministry of Land Management Urban Planning and Construction (MLMUPC), Supreme Court, Court of Appeal, First Instance Courts

Project Purpose

The foundation of the proper practice according to CC and CCP is established.

Overall Goals

The Civil Code (hereinafter referred to as CC) and the Code of Civil Procedure (hereinafter referred as CCP) are implemented properly and widely.

Outputs

1. Important laws and regulations related to CC and CCP are prepared.
2. The sample forms are prepared in order to realize proper implementation of civil procedure.
3. For improvement of the quality of court decisions, the process of disclosure of the court decisions is established and court decisions start to be disclosed.

Project Activities

In relation with Outputs 1

1-0-1	The laws and regulations to be drafted are listed up as target laws and prioritized.
1-0-2	Working Group (hereinafter referred to as WG) for drafting target laws of 1-0-1 is established.
1-1	The outlines and the coverage of the target laws are determined.
1-2	WG prepares drafts of the target laws of 1-0-1 according to the outlines and coverage determined in 1-1, considering the existing rules and civil practice.
1-3	When the drafts of the target laws of 1-2 are submitted to the Council of Ministers and the National Assembly, WG deals with questions and requests of amendment during these process.
1-4	WG advises relevant parties, if necessary, on the drafts of non-target laws of 1-0-1 to make them consistent with existing rules related to CC and CCP.
1-5	WG conducts the necessary activities such as seminars and publication in order to disseminate the laws and regulations which the WG drafted or provided advices on the drafts.

In relation with Outputs 2

2-0	WG for making sample forms which consists of members includes legal practitioners is established.
2-1	WG prepares practical sample forms that are necessary in the civil litigation, compulsory execution and preservative relief etc. (such as complaint, reply, judgment, decision, petition for compulsory execution and for preservative relief and preparatory document), with the consideration to enhance overall understanding of users on CC and CCP and the relevant provisions.
2-2	WG disseminates the sample forms of 2-1 to relevant parties through publication, website and seminars.

In relation with Outputs 3

3-0	WG of judgment disclosure and analysis is established.
3-1	The category and number of court decisions to be disclosed and the process flow for disclosure are settled.
3-2	The court decisions of civil cases in Cambodia for disclosure and analysis are collected.
3-3	WG implements necessary measures on court decisions to be disclosed, such as masking personal information, etc.
3-4	After the measures of 3-3, WG discloses these court decisions on website and in publication, etc.
3-5	WG analyzes the court decisions of 3-2 for improvement of the quality of court decisions and shares the result of analysis at seminars for judges, in journals, etc.

Input

From Japanese side:

(1) Long-term Experts

• Chief Advisor
• Support for Drafting
• Improving the Practice
• Project Coordinator

(2) Short-term Experts

• Dispatched in accordance with the necessity for effective implementation of the Project

(3) Study visit in Japan

• Implemented in accordance with the necessity for effective implementation of the Project

(4) Equipment : Limited provision based on the needs

(5) Field Operation costs

• Costs for the seminar in Cambodia, and publication of materials, etc.

(6) Technical Supporting System in Japan

• Advisory Group on the improving implementation
• Advisory Group on the drafting (for necessary issues)

From Cambodian side:

(1) Counterpart Personnel

• Project Director: The Minister of Justice
• Project Manager: The Secretary of State of MOJ
• Cooperation Institutions: MOJ, MLMUPC, Supreme Court, Appeal Court, First Instance Courts, RAJP, BAKC, RULE etc.
• Members: WG members

(2) Facility and Equipment

• Office for Long-term Experts in MOJ Annex Building
• Meeting rooms for WG activities
• Other relevant facilities and equipment

(3) Local Cost

• Remuneration to Cambodian personnel, if necessary
• Costs of custom clearance, domestic transportation, storage and installation for equipment provided by Japan
• Maintenance costs for facility and equipment