Honouring of obligations and commitments by Moldova
Reply to Recommendation
| Doc. 11639
| 17 June 2008
- Author(s):
- Committee of Ministers
- Origin
- Adopted by the Committee of Ministers
on 11 June 2008, at the 1029th meeting of the Ministers’ Deputies.
- Reply to Recommendation
- : Recommendation 1810
(2007)
- Thesaurus
1. The Committee of Ministers has taken
note of
Recommendation
1810 (2007) on the honouring of obligations and commitments
by the Republic of Moldova and would like to thank the Assembly
for the thorough analysis of the remaining challenges for Moldova’s
democratic development set out in the recommendation.
2. The Committee of Ministers notes with satisfaction the serious
efforts made by Moldova to date in the fulfilment of its commitments.
It calls on the Moldovan authorities to step up their efforts to
complete the ongoing reforms in order to fulfil their remaining
commitments to the Council of Europe and reiterates its readiness
to further assist the Moldovan authorities to this end.
3. In this perspective, the Committee of Ministers calls on the
Moldovan authorities to make full use of the Council of Europe’s
legal expertise by submitting to the Secretariat all relevant legislative
texts in due time. Furthermore, it encourages the authorities to
share the results of the Council of Europe’s legal opinions with all
relevant stakeholders, including different political forces and
to communicate in a timely and accurate manner on the follow-up
given to the experts’ recommendations.
4. Concerning the co-operation programmes (points 2.2 and 2.3
of the recommendation), the Committee of Ministers is determined
to reinforce its assistance programmes in the key areas of the Council
of Europe’s expertise. In this respect, the Committee of Ministers
would like to refer to its decision taken at the 1019th meeting
of the Ministers’ Deputies (27-28 February 2008), following the
discussion on the findings of the stocktaking report on co-operation
programmes with Moldova carried out by the Secretariat of the Council
of Europe in December 2007 (SG/Inf(2008)5). In this decision, the
Committee of Ministers has identified the following priority areas
for co-operation: pre-electoral assistance; compatibility of Moldovan
legislation with Council of Europe standards; the functioning of
the judicial system and the execution of judicial decisions; the fight
against corruption and money laundering and the implementation of
GRECO and MONEYVAL recommendations; the improvement of co-operation
and dialogue between central authorities and local authorities and
their associations; the harmonisation of the legislation of the
Autonomous Territorial Unit of Gagauzia with the Moldovan Constitution
and national legislation; the independence and neutrality of the regulatory
bodies for the media; and the possible contribution to the implementation
of confidence-building measures in the context of the Transnistrian
settlement process, in particular through increased co-operation with
civil society.
5. The Committee of Ministers would like to inform the Assembly
that in addition to two joint Council of Europe/ European Commission
programmes, which have been implemented in Moldova since 2006, five
new joint Council of Europe/European Commission programmes related
to Moldova were launched as of 1 January 2008 in the following areas:
support to free and fair elections, media, civil society, Roma-related
policies, and the strengthening of the ombudsman’s office. The Committee
of Ministers will continue to regularly review the results achieved
under these programmes and attaches particular importance to the
active involvement of the Moldovan authorities in securing their
successful implementation.
6. Concerning the functioning of democratic institutions The
annual conference to assess the effectiveness of the programme of
co-operation between the parliament and civil society, which was
drawn up with the Council of Europe’s assistance and adopted by
the parliament in December 2005, was organised on 4 February this
year. The Council of Europe could provide further support to strengthen
this partnership, as well as specific support for the organisation
and transparency of the parliamentary work, which was undermined
by the interruption of the direct transmission of the parliamentary
debates by TeleRadioMoldova.
The Council of Europe will provide pre-electoral assistance
to the Moldovan authorities in view of the parliamentary elections
to be held in spring 2009, which should address the major shortcomings
such as constrained broadcast media coverage, inadequate training
of persons responsible for election administration, education and
awareness-raising of voters.
7. Concerning the independence of the judiciary and
efficiency of justice
As a result of the joint trilateral efforts of the Council
of Europe, the European Commission and the Moldovan authorities,
aimed at enhancing the independence, impartiality and efficiency
of the judiciary, the National Institute of Justice was officially
inaugurated on 9 November 2007. Further assistance with a view to
developing and strengthening the institutional capacity of this
new establishment will be provided within the framework of the joint
Council of Europe/European Commission programme on increased independence,
transparency and efficiency of the justice system in the Republic
of Moldova. The Council of Europe also stands ready to provide any
necessary assistance with respect to expertise on key pieces of
legislation in the judicial field and their proper implementation.
8. Concerning the reform of the general prosecutor’s
office
The Council of Europe is providing assistance in drafting
the Law on the Public Prosecutor’s Service and its experts have
participated in several debates, which have been organised to discuss
the main provisions of the draft legislation in this field. Further
assistance to reform the general prosecutor’s office could be provided
both at the level of legislative expertise and with regard to the
effective implementation of the related legislation.
9. With regard to the freedom and pluralism of the media
The Audiovisual Code, which was adopted in July 2006, took
into account a number of recommendations provided by Council of
Europe experts. The Council of Europe stands ready to provide a
further assessment of the Audiovisual Code, both from the point
of view of its provisions and their implementation. In addition,
the Council of Europe could provide an assessment of the current
legislation on defamation and its implementation, and also recommendations
on how to improve the situation in this field. Further assistance
with regard to the promotion and protection of the right to freedom
of expression and access to information and the promotion of the
diversity and quality of the local media will be provided within
the framework of the new joint Council of Europe/European Commission
programme.
10. With regard to strengthening local democracy
The Council of Europe has provided an expert opinion on important
pieces of legislation, such as the draft law on the status of the
Chişinău municipality and the draft law on local public finance,
and has also encouraged the establishment of a forum for dialogue
between different associations of local authorities. It stands ready
to provide further assistance with regard to improving the capacities
of newly elected local officials to perform their duties efficiently,
and to promoting dialogue between the national and local authorities
and their associations, including with Gagauzia.
11. With regard to fighting corruption and money laundering
Moldova has so far undergone two evaluations by the Group
of States against Corruption (GRECO). The thirdround evaluation
report of the Committee of Experts on the Evaluation of Anti-Money
Laundering Measures and the Financing of Terrorism (MONEYVAL) on
Moldova was adopted in September 2007. Further efforts are needed
in order to ensure full implementation of the recommendations contained
in these reports. Within the framework of the joint Council of Europe/European
Commission programme against corruption, money laundering and terrorist
financing, further assistance will be provided in areas such as
anti-corruption legislation, effective implementation of the national
anti-corruption strategy and action plans, training of officials to
reinforce internal controls within the public institutions concerned,
promoting the role of civil society and media in the fight against
corruption and reducing tolerance of corruption phenomena.
12. With regard to Moldova’s participation in the Council
of Europe Convention on Action against Trafficking in Human Beings
(point 4 of the recommendation), the Committee of Ministers notes
with satisfaction that the convention entered into force on 1 February
2008 and reiterates its readiness to provide continued assistance to
the Moldovan authorities in their action to combat trafficking in
human beings and organs.
13. Concerning co-operation with the European Union with a view
to ensuring the best possible co-ordination and complementarity
between Council of Europe requirements and those of the EU-Moldova
Action Plan (point 5 of the recommendation), the Committee of Ministers
would like to point out that regular consultations between the two
organisations are conducted at different levels. Since September
2007, regular meetings between the Council of Europe, the European
Commission, the Organization for Security and Co-operation in Europe
(OSCE) and the Moldovan authorities were held at expert level. The
first expert meeting to take stock of developments in the judicial
field and the fight against corruption took place in Brussels on
18 September 2007, and the second one – to take stock of developments
with regard to human rights and democracy issues in Moldova – was
organised in Chişinău on 26 October 2007. Another expert meeting
to discuss developments in co-operation in the areas of human rights
and democracy is scheduled to take place in Chişinău at the end
of May 2008.
14. Concerning the situation with regard to the Transnistrian
conflict settlement (points 6, 7.1 and 7.2 of the recommendation)
The Committee of Ministers notes with satisfaction the renewed
efforts to find a definitive settlement to the Transnistrian conflict
and in particular welcomes the resumption of a dialogue between
Chişinău and Tiraspol. The Committee of Ministers reiterates that
the Council of Europe stands ready to contribute, in its areas of competence,
to the implementation of confidence-building measures leading to
a sustainable resolution of this continuing conflict. The Council
of Europe envisages a new joint programme with the European Commission to
support civil society in Transnistria, and is exploring the most
efficient ways to contribute to initiatives in other areas. In particular,
the European Commission for Democracy through Law (Venice Commission)
stands ready to provide its expert advice on the proposals related
to settlement of the Transnistrian issue and the reintegration of
the region into the Moldovan state.
15. As regards the implementation of the commitments
undertaken, in particular, at the summit of the OSCE in Istanbul
in 1999, the Committee of Ministers is closely following the developments
in this respect and hopes that the new impetus given by the renewed
efforts to find a settlement formula will bring about solutions
to other outstanding issues.
