The honouring of obligations and commitments by the Republic of Moldova
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 26 January 2023 (8th sitting) (see Doc. 15680, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe, co-rapporteurs:
Mr Pierre-Alain Fridez and Ms Inese Lībiņa-Egnere). Text adopted by the Assembly on
26 January 2023 (8th sitting).
1. The Republic
of Moldova joined the Council of Europe in 1995. In 2019, the Parliamentary
Assembly highlighted efforts to “de-oligarchise” the country and
depoliticise its judicial institutions, in
Resolution 2308 (2019) “The functioning of democratic institutions in the Republic
of Moldova”. Since then, some major developments have altered the
country’s political landscape: in November 2020, Maia Sandu became
the first female President of the Republic of Moldova, elected on
the back of a clear pro-European agenda. In July 2021, in the wake
of a political and constitutional crisis, the president’s Action
and Solidarity Party won a majority in a snap parliamentary election.
For the first time in its history, the Republic of Moldova is governed by
a stable parliamentary majority held by a single party. The elections
also confirmed the electoral support for eradicating corruption
and building efficient and transparent State institutions able to
work in the public interest. At the same time, this unprecedented
political situation places a responsibility on the ruling party
to ensure that democratic principles, the rule of law and the protection
of human rights are fully upheld.
2. Since the summer of 2021, the authorities have embarked on
a far-reaching programme of reform, notably in the judiciary and
the fight against corruption, to tackle the roots of “State capture”
and thereby restore integrity and public trust in State institutions.
3. The authorities have made efforts to review the functioning
of most State institutions and independent bodies and appoint new
officials following parliamentary assessment procedures, triggering
questions about the transparency and speed of the selection process.
The Assembly understands that taking the necessary steps to quickly
restore the proper and transparent functioning of democratic institutions
is a huge challenge without any ready-made solution. However urgent
and necessary the reforms may be, the Assembly urges the authorities
to ensure that such changes are made in accordance with the rule
of law and Council of Europe standards and are drawn up with the
involvement of the parliamentary opposition and civil society so
as to facilitate sound law making and enable sustainable and strong
institutions to be established. In this respect, it welcomes the
Moldovan authorities’ close co-operation with the Council of Europe,
in particular with the Secretary General’s High-Level Working Group
on Justice Reform and the European Commission for Democracy through
Law (Venice Commission), as well as their constructive approach
to ensuring that the restructuring of the State, and in particular
the judicial overhaul, are in line with Council of Europe standards.
4. The outbreak of the war in Ukraine on 24 February 2022 had
major repercussions on the Republic of Moldova. New logistical and
national and external security challenges compounded difficulties
in dealing with the Covid-19 pandemic, the energy crisis and high
inflation rates and exacerbated existing tensions in Moldovan society.
The country has seen a huge wave of refugee arrivals from Ukraine:
over 700 000 people have entered the country since February 2022
and approximately 100 000 have stayed there. This makes the Republic
of Moldova the country that is hosting the largest number of refugees
from Ukraine in relation to its population (2.6 million), presenting
a major logistical challenge for the authorities and putting a considerable strain
on their administrative bodies.
5. The Assembly commends the authorities’ efforts to manage these
multiple crises, develop contingency plans for receiving refugees
and address the humanitarian, socio-economic and educational challenges
of welcoming refugee children. It applauds the solidarity and resilience
shown by the Moldovan people. The Assembly calls on Council of Europe
member States to support the country’s efforts and to consolidate
their assistance, building on the guidance provided by the Special
Representative of the Secretary General on Migration and Refugees
in her report of September 2022, in particular to develop long-term
solutions for women, children, elderly people and persons with disabilities,
including for preventing and detecting all forms of trafficking
in human beings and violence against women and for protecting unaccompanied
and separated children from Ukraine.
6. The ongoing aggression of Ukraine by the Russian Federation
has presented major public security challenges, prompting the authorities
to take measures to protect State institutions and combat extremist activities,
including the use of war symbols. In its
amicus
curiae brief of October 2022, the Venice Commission found that banning
the use of such symbols was acceptable since “the display of the
symbols used by the Russian armed forces in the current war produce[d]
an actual and immediate danger of disorder and a threat to the national
security and the rights of others, including those of Ukrainian
war refugees” and that there was a “pressing social need” to impose
a ban on such use.
7. The energy crisis, compounded by the conflict in Ukraine,
and high inflation are hitting the population hard, as are the energy
cuts caused by the bombing of Ukraine’s energy infrastructure. The
Assembly strongly condemns the weaponisation of gas supplies and
the hybrid war being waged by the Russian Federation, which violate
the Republic of Moldova’s sovereignty and the democratic functioning
of its institutions.
8. In this context, the decision by the Council of the European
Union to grant candidate country status to the Republic of Moldova
on 23 June 2022 was a powerful response to the electorate’s aspiration
to join the European Union and to the country’s efforts to shore
up its democracy. The Assembly believes that this negotiation process
is conducive to driving forward the legal and democratic reforms
needed to honour Council of Europe membership obligations.
9. Despite its difficult circumstances, the country has continued
to implement its ambitious programme of reform in co-operation with
the Council of Europe, focusing on overhauling the judiciary and
tackling corruption. The Assembly notes that the lack of financial
and human resources clearly hinders the satisfactory implementation
of such holistic reforms within a limited time frame.
10. Where democracy is concerned:
10.1 the Assembly welcomes the efforts undertaken to consolidate
democratic institutions and strengthen them against the risk of
foreign interference. It welcomes the adoption of a new Electoral Code
on 8 December 2022, however without a broad political consensus.
It welcomes the progress noted by the Venice Commission and the
Office for Democratic Institutions and Human Rights of the Organization
for Security and Co-operation in Europe (OSCE/ODIHR) in their
October
2022 joint opinion and invites all stakeholders to implement the new Electoral
Code in good faith and in line with the Venice Commission recommendations.
It encourages moreover the authorities to implement the recommendations
of the Group of States against Corruption (GRECO) on the transparency
of political party funding;
10.2 in this context, the Assembly urges the parliament to
strengthen its rules on integrity and adopt a code of conduct for
members of parliament and a code of parliamentary rules and procedures
so as to help eradicate party switching, which has frequently been
an underlying cause of political instability in the past;
10.3 the Assembly notes that the country has been facing protests
organised by the Shor Party since 18 October 2022. The Assembly
calls on the political forces concerned to ensure the peaceful nature
of these demonstrations and deplores the violence exerted against
journalists on 23 October 2022. Moreover, it supports the authorities’
efforts to investigate the allegations of illegal financing of these demonstrations
and possible destabilisation of the country. Following the government’s
referral to the Constitutional Court to verify the constitutionality
of the Shor Party, the Assembly calls on the authorities to take
full account of the Venice Commission’s
amicus
curiae brief adopted in December 2022 on declaring a political party
unconstitutional and the well-established case law of the European
Court of Human Rights on the freedom of expression and association
of political parties when ruling on this issue;
10.4 the Assembly calls on the authorities of the Republic
of Moldova and of the Autonomous Territorial Unit of Gagauzia (ATUG)
to pursue their dialogue and welcomes the efforts made to enhance Romanian
language learning. It also calls on both parties to support the
activities of the working group tasked with ensuring Moldovan legislation
is in line with the ATUG’s special status and urges the ATUG People’s
Assembly to refrain from adopting legislation that contradicts national
legislation, particularly in the area of rights for lesbian, gay,
bisexual, transgender and intersex (LGBTI) persons.
11. Where the rule of law is concerned:
11.1 the Republic of Moldova has embarked on a programme of
major judicial reform, including of the Superior Council of Magistracy,
the Superior Council of Prosecutors, the Prosecutor’s Office, the Supreme
Court of Justice and the Constitutional Court. The Assembly welcomes
the country’s extensive co-operation with the Venice Commission
to ensure that the amendments comply with Council of Europe standards,
which has resulted in a number of opinions and amicus
curiae briefs;
11.2 the Assembly also welcomes the adoption of constitutional
amendments in September 2021, which commanded broad consensus and
won the backing of the main political parties. The constitutional reform
represented a major step forward in depoliticising the judiciary
and improving its independence, accountability and efficiency. Some
major changes were made, in particular with regard to the election and
appointment of members of the Superior Council of Magistracy and
the Superior Council of Prosecutors;
11.3 the Assembly applauds the reforms set in motion to enhance
the integrity of the judiciary and restore trust in judicial institutions.
To this end, the authorities have introduced an integrity evaluation procedure
to vet judges and prosecutors with a view to “cleansing” the system
of those involved in large-scale corruption and organised crime.
The Assembly shares the Venice Commission’s position in this respect
and calls on the authorities to ensure that the vetting of sitting
judges is implemented in accordance with constitutional safeguards
and due respect for judicial independence; it can only be justified
in exceptional circumstances when ordinary methods of judicial accountability
are not available;
11.4 the Assembly supports the steps taken by the authorities
to dismiss judges and prosecutors who have failed to meet integrity
requirements. The Commission for the Assessment of Judges’ and Prosecutors’
Activities (hereinafter referred to as the “Pre-Vetting Commission”),
set up in April 2022 and composed of national and international
members, is responsible for checking that integrity requirements are
met by candidates for key positions at the Superior Council of Magistracy,
the Superior Council of Prosecutors and their specialised bodies.
The Assembly encourages the authorities to ensure that the Pre-Vetting
Commission has the necessary financial and human resources to discharge
its duties, while noting that this will be a lengthy process that
could affect the functioning of judicial institutions;
11.5 the reform of the Public Prosecution Service has presented
some difficulties. The Law on the Public Prosecution Service has
been amended several times since 2019 to: (i) introduce a new procedure
for appointing an interim Prosecutor General pending the selection
of a permanent Prosecutor General; (ii) change the rules on the
composition of the Superior Council of Prosecutors; (iii) lay down
a new procedure for both appointing and dismissing the Prosecutor
General (in July and September 2019); (iv) reorganise the Superior
Council of Prosecutors; (v) set up new accountability mechanisms
for the Prosecutor General; (vi) enable a specially created evaluation
commission to carry out an ad hoc “performance evaluation” of the
Prosecutor General once a year (in August 2021); and (vii) govern
the procedure for selecting and appointing the Prosecutor General
and the heads of the specialised prosecutors’ offices (in January
2022);
11.6 in the opinion of June 2022, the Venice Commission found
that the latest amendments to the Law on the Public Prosecution
Service had addressed most of the key recommendations it had made
in 2021 following the hastily passed raft of legislative amendments.
The Assembly welcomes the 2022 amendments that improve the composition
of the Superior Council of Prosecutors – notably re-establishing
the Prosecutor General as ex officio member
of the Superior Council of Prosecutors, and that stipulate that
findings of the evaluation commission, which now includes members
of the Superior Council of Prosecutors, are of an advisory nature
and leave the decision to dismiss the Prosecutor General on the
grounds of unsatisfactory performance to the Superior Council of
Prosecutors;
11.7 the arrest in October 2021 of former Prosecutor General
Mr Stoianoglo, who has been under judicial supervision since December
2021, and his suspension from his duties have raised questions about
the observance of procedural safeguards. The Assembly calls on the
authorities to ensure that the proceedings under way are completed
in accordance with due process of law and that Mr Stoianoglo’s performance
is assessed according to the criteria of integrity and professionalism
that have derived uncontestably from the pre-existing rules, as
the Venice Commission once again stressed in June 2022;
11.8 corruption in the Republic of Moldova remains a pervasive
phenomenon which the authorities are committed to addressing as
a matter of priority. There has been a slight improvement since
2016 in the Corruption Perceptions Index published by Transparency
International, with the country ranking 105th in 2021, compared
to 123rd in 2016;
11.9 with regard to corruption prevention in respect of judges
and prosecutors, GRECO welcomed, in its December 2021 (fourth round)
interim compliance report, the significant progress made in terms
of the composition of the Superior Council of Magistracy resulting
from the constitutional amendments adopted in September 2021. On
another positive note, legislation aimed at strengthening the independence
and effectiveness of the National Integrity Authority and tightening
the rules governing the declaration of assets and personal interests
was adopted on 7 October 2021;
11.10 in accordance with GRECO’s findings, the Assembly notes
with satisfaction the increase in the National Integrity Authority’s
budget and its closer scrutiny of the declarations of assets and
personal interests of parliamentarians, judges and prosecutors,
which have resulted in administrative penalties and, where appropriate,
referrals to the criminal investigation bodies. However, it calls
on the authorities to take the necessary steps to recruit and train
the required number of staff and to adopt a comprehensive strategy
for the National Integrity Authority;
11.11 there have been other major changes to Moldovan legislation
since July 2021, including amendments to the Law on the Declaration
of Assets and Personal Interests, the Law on the National Anticorruption
Center, the Law on Company Ownership with a view to Ending Offshore
Secrecy, as well as the adoption of a law establishing a mechanism
of prosecution, trial and conviction in
absentia;
11.12 the Assembly notes that steps have also been taken to
tackle political corruption: the parliament plans to amend the constitution
to stipulate that parliamentary consent will no longer be required
for the detention, arrest, search and criminal prosecution of members
of parliament for violations related to passive or active corruption,
influence peddling, abuse of power, illicit enrichment and money laundering.
The Assembly encourages the parliament to continue its efforts to
tighten the rules on the integrity of members of parliament and
the regulations governing the funding of political parties and election
campaigns. It also encourages the authorities, in accordance with
GRECO’s recommendations, to continue to tackle corruption, which
requires the involvement of all stakeholders.
12. Where the protection of human rights is concerned:
12.1 the Assembly welcomes the meaningful
and substantial progress made in the area of gender equality, including
women’s accession to high political positions, which is a source
of inspiration for all countries in the region;
12.2 the Assembly also commends the country for ratifying,
on 31 January 2022, the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence (CETS
No. 210, “Istanbul Convention”) and for adopting, on 17 November
2022, Law 316/2022 ensuring the rights of victims in the case of
crimes related to sexual life and family violence. In this respect,
it notes with satisfaction the
amicus
curiae brief adopted by the Venice Commission in December 2021 and
the subsequent decision of the Moldovan Constitutional Court clearly
reasserting that the Istanbul Convention does not seek to impose
a certain lifestyle or interfere with the personal organisation
of private life, but seeks only to prevent violence against women
and domestic violence. The Assembly encourages the authorities to
continue their efforts to implement the Istanbul Convention, bring
their legislation into line with it and adopt action plans on gender
equality and on preventing and combating domestic violence and violence
against women;
12.3 in the field of the media, the Assembly notes a positive
trend – in 2022, the country ranked 40th (out of 180 countries)
in the Reporters Without Borders’ World Press Freedom Index, compared
to 89th in 2021, despite a highly polarised environment. The Assembly
welcomes the measures taken by the Audiovisual Council to promote
media pluralism and high-quality information and invites the authorities to
reinforce the fight against media concentration. It notes, however,
that the amendment to the Code of Audiovisual Media Services adopted
in November 2021 also restored parliamentary control over the Audiovisual
Council and the public broadcaster, Teleradio-Moldova, which could
raise questions about the independence of these institutions. The
Assembly refers in this respect to the judgment of the European
Court of Human Rights in the case of Manole
and Others v. Moldova (2009) and calls on the authorities
to ensure that the Audiovisual Council’s independence and integrity
are strengthened in order to prevent undue political interference;
12.4 the Republic of Moldova is a multi-ethnic State. The Assembly
commends the Moldovan people for ensuring that national minorities
continue to live together peacefully despite unrest in the region
and encourages the authorities to continue implementing the Framework
Convention for the Protection of National Minorities (ratified in
1996, ETS No. 157) and the Strategy on the Consolidation of Interethnic Relations
in the Republic of Moldova for 2017-2027 “with a view to further
developing a civic identity that is inclusive and firmly based on
respect for ethnic and linguistic diversity as an integral part
of Moldovan society”, as recommended by the
Committee
of Ministers in July 2021;
12.5 the Assembly also welcomes the discussions that have been
initiated on how to promote the use of minority languages in Moldovan
public media and encourages the authorities to ratify the European Charter
for Regional or Minority Languages (ETS No. 148), which the country
signed in 2002.
13. Regarding the situation in the Transnistrian region of the
Republic of Moldova, the Assembly welcomes the restrained attitude
Chișinău and Tiraspol adopted at the beginning of the war in Ukraine
by making an appeal for calm. It calls on both sides to keep the
lines of communication open, despite a tense situation exacerbated
by provocative statements by Russian officials and by the de facto authorities in Tiraspol.
14. The Assembly reiterates its readiness to support the efforts
of the OSCE 5+2 (and 1+1) discussions and the steps taken by the
Moldovan authorities to strive for the protection of human rights
in the region, in particular through implementing the judgments
of the European Court of Human Rights, taking confidence-building measures
and introducing the Council of Europe’s human rights standards.
In this respect, the Assembly refers to the decision of the Committee
of Ministers of 8 December 2022 concerning the violations of the
rights of children, parents and staff members of Latin-script schools
during the periods 2002 to 2004 and 2013 to 2014 in the Transnistrian
region of the Republic of Moldova. Ten years after the European
Court of Human Rights Catan judgment, the Assembly, joining the
Committee of Ministers, regrets the lack of any form of redress
for the applicants and the continued failure of the Russian authorities
to execute this judgment – which remains its unconditional obligation
under the Convention – and calls for its implementation. The Assembly
also reiterates its call on the Russian Federation to withdraw its
troops from the Transnistrian region of the Republic of Moldova,
whose presence poses a threat to the security of the country.
15. In conclusion, the Assembly welcomes the reforms undertaken
to consolidate the country’s democratic institutions and recognises
the difficulty and challenges involved, taking into account both
the regional context which threatens its external security and also
the integrity and functioning of those democratic institutions.
The Assembly therefore calls on Council of Europe member States
to provide humanitarian and financial assistance and to support
the efforts to bring about democratisation and promote the Organisation’s
founding values in the Republic of Moldova. The Assembly also calls
on the Moldovan authorities, who have a stable parliamentary majority,
to ensure respect for the rule of law and inclusive democracy and
to pursue reforms that are part of a clearly expressed desire for
European integration. It asks the authorities to continue their
co-operation with the Council of Europe, in particular to strengthen
the independence of the judiciary and the public prosecution service
and to consolidate anti-corruption laws. The Assembly moreover encourages
the authorities to pursue and implement their reform agenda based
on the Council of Europe standards so as to establish solid and
sustainable State institutions, which are a prerequisite for the
good functioning of democratic institutions. The successful continuation
of this process would pave the way to a new phase of post-monitoring
dialogue with the country. In the meantime, the Assembly resolves
to observe how the situation develops through its monitoring procedure.
