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SHIFTING THE FOCUS: Can Reforms in Democratic Governance Drive Moldova Closer to the EU?
The policy report “Shifting the Focus: Can reforms in democratic governance drive Moldova closer to the EU?” was prepared by the Institute for Euro-Atlantic Cooperation (IEAC) as part of the Ukraine-Moldova Civil Society Task Force with the support of the Ukraine National Initiatives to Enhance Reforms (UNITER) program, which is funded by the United States Agency for International Development (USAID) and implemented by Pact. Authors: Oleksandr Sushko, PhD (Political Science), Institute for Euro-Atlantic Cooperation Volodymyr Horbach, Institute for Euro-Atlantic Cooperation Roman Kyubida, Centre for Political and Legal Reforms Yaryna Zhurba, Centre for Political and Legal Reforms Nataliya Strelchuk, PhD (History), Fedkovych Chernivtsy National University Olexandr Starukh, independent expert Lillia Tretiakova, Institute for Euro-Atlantic Cooperation Olga Zelinska, Institute for Euro-Atlantic Cooperation
IEAC would like to express sincere gratitude to Anatolii Beleac, AED Moldova, Victor Chirila, Executive Director, Foreign Policy Association, Alexandru Corduneanu, leader of the Christian-democrat faction in the Chisinau Municipal Council, Cornel Gurin, Association for Participatory Democracy, Dirk Lorenz, Political Officer, EU Delegation, Anatolie Munteanu, Director, Centre on Human Rights, Vasile Nedelciuc, Chairman, Foreign Policy Association, Sergiu Ostaf, Director, Resource Center for Human Rights, Grigoriy Petrenco, MP, Communist Party, Nicu Popescu, Office of the Prime Minister, Andrei Popov, Deputy Minister, Ministry of Foreign Affairs and European Integration, Dumitru Pulbere, Chairman of the Constitutional Court, Iurie Rosca, Chairman, PPCD, Oleg Serebrian, MP, Democratic Party, Morana Smodlaka Krajnovic, AED Moldova, Ion Stavila, Ambassador of the Republic of Moldova to Ukraine, Octavian Tacu, PhD, Free International University of Moldova, Anatol Taranu, Independent Expert, Radu Vrabie, Program Director, Foreign Policy Association. Institute would also like to thank Ms Amanda Paul, Policy Analyst at European Policy Center (Brussels, Belgium) for the kind critique and useful suggestions in the course of research. Project Coordinator: Olga Zelinska Chief Editor: Volodymyr Horbach © The Institute for Euro-Atlantic Cooperation, 2010
This report was prepared by the Institute for Euro-Atlantic Cooperation (IEAC) as part of the Ukraine-Moldova Civil Society Task Force, with the support of the Ukraine National Initiatives to Enhance Reforms (UNITER) program, which is funded by the United States Agency for International Development (USAID) and implemented by Pact Inc. This information product is made possible by the generous support of the American people through the United States Agency for International Development (USAID). The contents of this study are the exclusive responsibility of IEAC and do not necessarily reflect the views of USAID, Pact. or the United States Government. Recreating or using any portion of this study in any format whatsoever, including graphic and electronic is prohibited, as is copying or using it in any other form, without a proper reference to the original source.
Contents .................................................................................................................... 3 Executive Summary....................................................................................................4 Recommendations......................................................................................................6 Yaryna Zhurba, Volodymyr Horbach. Constitutional Reform: Political Dialogue and Democratic Institutions............................................................................................10 Roman Kyubida. Rule of Law and Judicial Reform in Moldova .................................23 Olexandr Starukh. Good Governance and Reforms in Moldova: a View from Ukraine ................................................................................................................................. 41 Nataliya Strelchuk, Olga Zelinska. Reforming Local Self Government in Moldova: Main Achievements and Recommendations.............................................................56 Oleksandr Sushko. “Advancing” Reforms: Moldova’s Policy for Visa-Free Regime with the European Union..........................................................................................67
what brings both security and identity issues limiting Moldova`s development. attempts join the prosperous European family are often understood as joining the club. the EU and international donor community.Executive Summary Moldova has demonstrated some progress in implementing reforms in different sectors of democratic governance since gaining independence in 1991. European principles and values has not been embraced by the society. administrative reform. it had worked out the consensus on the European integration as the strategic development vector. Although it has a significant share of its population already in the European Union. Ukraine remains an important pattern for Moldova. Kyiv has been working on “fire mode”. Given the frozen conflict in Transnistria. In Ukraine no government had a clear program of reforms toward bringing the country closer to the European principles and values. Involving both Ukrainian and EU expertise and targeting various audiences in Moldova. Moreover. One of the external reasons is – until recently – constant European neglect toward Moldova. taking into account historical legacy and present economic situation in the both countries as well as international layout. institutional base. Under existing circumstances. almost all political actors recognized the necessity of further European integration and continuing path to democracy. Ukraine. solving the most urgent problems. the overall direction of Moldova is uneven. This fact stimulated this in-depth “inventory” of Moldova’s reforms and policies experience. But similarly to Moldova. At the same time. local governance reform and reforms towards visa-free regime with the European Union . implementation of European and other instruments and evaluation of policy capacity (legal base. despite Ukrainian has wider experience in certain spheres. Occasionally Ukrainian officials narrowed the reform discourse to limited political priorities designed for short term perspective – “from one election period to another one”. rather than adapting the principles and values. the integration enjoyed strong and constant support from the citizen. It always held democratic elections recognized by international community. IEAC has built on its previous work and experience in Moldova.has been assessed with several key-points such as development priorities. on the positive side. decision making process and human resources) and lessons learned with 69 . At the same time. Moldova’s governments during the most of independence period obviously lacked both the strategic vision of reforms and an administrative capacity for their implementation. Like the majority of the Soviet republics Moldova gained independence in 1991 Moldova has been striving to build a modern society based on democratic values and free market economy. judiciary reform. Moldova should be better from this perspective. However.constitutional reform. Each topic of this inventory . Moldova’s lessons learned should become a higher value for Ukrainian politics. the approach to reforms and consistency of their conducting was rather limited and caught in the polarized politicking.
Although the reform drive is evident in Moldova`s current government fueled by young experts joining the government. it is unclear whether this dynamic will be enough to drag Moldova closer to the European Union.recommendations. 69 . To proceed further in both countries IEAC and the wider Ukrainian expert community propose to shift the focus on how to deepen the integration process by enrooting European principles and values in the societies of both countries.
implement mechanisms of damages reimbursement for breaking reasonable terms of trial procedures. In the context of the Constitutional reform alteration to the third section of the Constitution "Public Authority" should be amended. especially enactments that regulate the formation of the Government. In regards of ensuring the subsidiarity principle and improving the quality of provision of public services that is at the very low level Moldova should hold a set of internal discussions with further consecutive changes government functioning principle . limiting the sphere of activities for the prosecutor’s office. develop the institute of administrative justice. 2010 in Moldova made the restoration of political dialogue impossible and deepened the political split-up in the society.to make other necessary changes to improve the state of the power mechanism (Major Constitutional Reform). during the independence years Moldova had undergone the process of ’deconstruction’ of soviet period administrative models and development of the new ones.Recommendations For the Republic of Moldova Firstly. Securing this principle is crucial for ensuring successful administrative reforming. despite all adopted amendments the system of full fiscal decentralization was not yet formed in Moldova. but as two separate requirements for a candidate for a judge or a prosecutor. the general logic of the government decentralization let us to assume that successful reform of local government in Moldova is impossible without an active citizen 69 . introduce special training for future judges and prosecutors at the National Institute of Justice not as an alternative to work experience. revise the compound of the Supreme Council of Magistrate and Qualification and Disciplinary Collegiate. Some other constitutional enactments. It is expedient to hold the Constitutional reform in two stages: first . This goal cannot be secured by changing the presidential election procedure. withdrawing political entities in the sphere of law to coordinate issues of judges’ carrier. justice and status of judges for integrity and compliance purpose. It is also necessary to codify legislation on court administration. Moldova should consider the issue on rationality of amending the Constitution in regard of the following: time-limited appointment of judges. otherwise meaning of the reform would be lost using the language issue and other “sensitive” (from a political perspective) issues. it should be separate from the changes relating to the organization in the state. If there is a need to change these constitutional provisions. and therefore build a revised system of governance. the second . refuse keeping the Military Court. efficient system of management and increasing the effectiveness of local authorities’ performance. establish the system of judicial self-government. In regards of judicial reform.to calculate the necessary services that provide the basic needs of citizens.change the constitutional enactments regarding the election of President (Minor Constitutional Reform). Moreover. Administrative reform and local self-governance. need to be reviewed. Indeed. implementation of the Constitutional reform in Moldova is essential. However. The dangerous precedent of the referendum failure on September 5. Questions unrelated to the state power mechanism should not be the subject of the reform.
the Ukrainian authorities should be admonished from the temptation to simply repeal the constitutional amendments in 2004 and return to the Constitution of 1996. and combating corruption should be organized. The two countries should issue a common (consistent) position on the issue of visa dialogue with EU. Ukraine could also introduce the Constitutional reform step by step to complete the reform of power and relations of authority bodies before the next presidential elections in 2015. when important decisions are taken. as does Moldova. This means the breakdown of democratic development. receiving external financing. and whenever possible. The possibility of LSG contracting with the local NGOs for the more efficient service provision on local level should be legally secured and practically possible. The Moldova’s experience of Constitutional reform has to be carefully studied in case Moldova leads the way in this regard. In regards of reforming the judicial system. Together with the legislative changes of 2010 this renovates the superpresidential model concentrating all power branches in hands of President and his administration. With regards of visa-free regime achieving Ukraine should pay attention to more qualitative and useful tactics by Moldova’s Government as for lobbying visa-free regime. Unlike the Moldovan government. make use of Moldova’s experience in reformation of the criminal justice system. On the way to establishment of visa-free regime the conduct bilateral (Moldova-Ukraine) and trilateral (with EU’s participation) political consultations could be held in order to share regularly experiences on achievements and problems in adjacent areas. consider it. Its decisions have not only legal but also political significance. border security. For Ukraine Ukraine should more often take into account the opinion of the Venice Commission.participation in the decision making process on the local level. Ukraine and Moldova. facing the similar problem of the excessive politicization of local government. migration policy. The provision of European best practices in this sphere might be a good motivation source for both central and local institutions in Moldova. Our 69 . monitor progress in Moldova in terms of financing of judicial system and introduction of the system of non-state court decision executors (private lawenforcement). implementation of automatic clerk work and registration of court decisions where Ukraine accumulated certain experience. The concept of e-governance should be legally secured as well. The delegation of the function of informing community on the activities of local authorities to the local public organizations. could hold bilateral consultations discuss the advisability of amendments to electoral legislation in the part about the model of local representative bodies. As the Republic of Moldova. An inception visit at the expert level in spheres of documents security. Ukraine could assist Moldova in development of the system of administrative justice and judicial self-government. Due to this Ukraine needs to introduce the amendments to the old reading of the Constitution. could become one of the possible solutions in order to overcome non-transparency and corruption in policy making and implementation. prosecutor’s office and legal practicing and to commence guaranteed by the state system of free legal assistance.
Moldova and other Eastern Partnership countries for achievement standards and criteria for implementing visa-free regime. which will approach their membership in the European Union. which sets a new Ukrainian passport standard with biometric data to travel abroad should be adopted. including mission EUBAM. Finally. UN and other international institutions by Verkhovna Rada of Ukraine is required. In regards of judicial reforming the EU and international community in general should further support civil society organizations in monitoring activities of Moldavian government performance on further accomplishment of judicial reform and implication of European standards. In other words. upheld dialogue between Moldova and Ukraine for positive and negative experience exchange in terms of overcoming mutual challenges and issues in the sphere of rule of law. The Resolution of the Cabinet of Ministers. start Action Plan implementation on visa-free dialogue without expecting for its official publication as its content are known. learning appropriate experience of Moldova should be engaged. Useful experience for changes may be driven from the Polish experience of conduction of administrative-territorial reform and the experience of Baltic countries in building local government system. the West should offer to the Republic of Moldova and Ukraine their expertise to improve the texts and procedures in making constitutions. pay further serious attention to educational events. Building a European model of democracy is one of the necessary conditions for this. joint conferences and seminars for the sake of better understanding of European standards in the sphere of rule of law and successful implementation into legislation and practice. So EU officials and spokesman should constantly remind to its counterpart of European model of democracy. define state migration policy core and its executives. 69 Finally. the ratification of the number of Conventions and Protocols of COE. should be also its priority. Accordingly domestic reforms. taking into account the alignment of socioeconomic situation and improving service provision quality in order to overcome the catastrophic difference in socio-economic development of different regions. to establish appropriate institutional and legal bases of that policy. European and donor community would be interested to assist in improvement of regional development strategy for Moldova. laws and other legal acts. Simultaneously. It should provide technical and expert assistance to Ukraine. European Union should avoid double standards on the definition of tempos and criteria of implementing free-visa regime for European continent country. A broader assistance of EU in the field of border security. For European and international community Governments of Moldova and Ukraine officially declared European integration as a priority.country should create (also relying on Moldovan experience) a system of coordination of executive bodies’ activities responsible for specific policies regarding the visa dialogue. the real reforms . Ukraine should seriously consider that easily accessible Ukrainian passports in the Transdnistrian region of Moldova is one of the factors of EU mistrust to Ukrainian passport owners in general. the subjective human factor plays an important role in the implementation of the administrative and fiscal decentralization principle in Moldova.
and realization of joint twinningprojects is crucial for further progress of Ukraine and Moldova on their democratic path. drafting of legal acts. engagement of experts in trilateral format to expertise. 69 . neither interested in implementation of largescale decentralization simply because they do not know how to perform under the new conditions. In this regards promotion of joint specialized meetings. Local officials are not ready.lack the political will. discussions.
Constitutional Reform: Political Dialogue and Democratic Institutions PROBLEM BACKGROUND Political context Regular parliamentary elections in the Republic of Moldova (RM) held on April. became the interim President of Moldova. Chief of the Parliament. However. After two unsuccessful attempts to elect new President. This gave 69 1 Resolution of the Constitutional Court No. The Constitution does not specify the period of dissolution the Parliament by the President. We recall that on June 15. According to the Constitution and decisions of the Constitutional Court the publication of the decree to dissolve the Parliament is not the right of the President.03.2009 . This sharply raised the issue of the constitutional mechanism for the presidential elections of the Republic of Moldova and a number of other issues relating to government activity. 5 of 16.10. i. Communist Party of the Republic of Moldova (PCRM) won the majority in parliament – 60 out of the 101 seats.Yaryna Zhurba. 49-XVIII of 30.1234-XIV of 22. 2010 . Therefore. As a result. 2009 Parliament amended the Law on the Procedure for Electing the President of the Republic of Moldova and noted that the Parliament can be dissolved only after one year from the date of last dissolution. the new Parliament could not elect the President as well. this number turned out to be insufficient number of deputies to ensure the election of the President. the interim President could implement power of dissolution of Parliament not earlier than on June 16. The Constitutional Court declared these changes constitutional1. On October 30. On September 11. 2009. the incumbent President Vladimir Voronin dissolved Parliament and set pre-term elections as required by the Constitution.2000 on the Procedure for Electing the President of the Republic of Moldova in the version of the Law No.after the expiry of one year after the date of entry into force of a presidential decree dissolving Parliament. Paragraph 10 (3) of Law No. Volodymyr Horbach. Following the pre-term election on July 29. 2009 President Vladimir Voronin signed the decree dissolving Parliament. However. by not less than three fifth of deputies of the Parliament. According to Article 85 of the Constitution the Parliament can be dissolved only once within one year. 2009 Vladimir Voronin abnegated powers and under the Constitution Mihai Ghimpu.2010 about constitutionality control.09. Article 78 of the Constitution of the RM stipulates that the President is elected by Parliament by secret ballot.e. 5 2009 became the starting point of kaleidoscope of events that could be interpreted as a new page in political and legal life of the country. at least 61 MPs of Moldova.other four political parties got 53 mandates and created the Alliance for European integration. but his obligation. the first time since 2001 parliamentary majority was formed without the PCRM .
leading to different conflicts. even between President and Parliament. because the constitutional government model have to be universal not for current. that the Constitution does not establish the period for dissolution the Parliament after expiration of one year from the date of last dissolution. Previous changes of the Constitution of the Republic of Moldova Since its adoption on July 29. Law on the Status of Gagauzia.957-XIII of 19. 1471-XV of 21. This is the main characteristic of parliamentary republic. since the Constitutional reform in 2000 the President had been elected by the Parliament. Amending the form of election of the President was the key provision of the Reform that stipulated election of the President by the Parliament. but for all political condition. Law on Citizenship and Activity Arrangement of Judicial Branch. the Venice Commission considers that there is necessity to implement the Constitutional reform order to prevent regular political stalemates in Moldova in the future. The date for the dissolution of Parliament has to be selected legitimately and on reasonable time. and to obstruct its coherent and effective functioning. Amending the Constitution was motivated by necessity remedial action in the state mechanism.1996. So the form of electing the President was changed.2002. Current political situation played an important role in initiating the Constitutional reform. to correct mistakes or to adapt the constitutional norms to international treaties.11. Constitutional amendments from 2000 targeted for transformation of the Republic of Moldova to parliamentary system of government. 565/2009 noted: the fact.2000. 2010 No. Law on Total Abolition of the Death Penalty. as opposed to other changes. Thus. 344-XV of 25.rise to the question of what time does the President evade execution of his constitutional obligation to dissolve the Parliament. Other full presidential powers remained unchanged as the Constitution from 1994 stipulates.07.1115-XIV of 05. right of Prime-Minister to inform about state importance issues. President and Government. no.07. “does not mean. liberties and duties of an individual and a citizen. on other basic rights.2006 69 . no. usually concerned the multiple institutions and aimed to tackle the narrow issues. Law on Status and Power of Parliament.06. right of holding consultations with government of prime importance issues. 185-XVI of 29. that the President has absolute freedom to select the date. Before amendment to the Constitution in 2000 established the mixed form of government and stipulated the nationwide election of the President. As regards full presidential powers there were included the presidential right to presidency in government meeting. 1994 the Constitution of the Republic of Moldova was changed six times2. but the President of Moldova has Majorer scope of authority then president in regular parliamentary systems has. no.2003. The European Commission for Democracy through Law (the Venice Commission) in the conclusion from March 12. no. no. It was wrong tack. but the exercise of the state authority remained 2 Law on Judge’s Status. The same conclusion declares that “in light of Moldova’s prevailing circumstances. Frequent dissolutions of Parliament with regularity in few months are obstruction to the necessary political dialogue for a successful constitutional reform”.07. The most radical changes made in July 2000 aimed creation of another form of government. Law on Abolition of the Death Penalty excluding War Periods.
But this issue could become a regular phenomenon in the Republic of Moldova. For example. failure of the Parliament to elect the President can not be a direct reason for its dissolution. Despite the president’s role in parliamentary republics his election can under no conditions lead to political crisis. failed the election of the President. however. The Moldova’s referendum failure means the further prolongation of the constitutional crisis in the country. among the politicians of the ruling Alliance a firm belief of necessity to amend constitutional norms in presidential election mechanism was formed. The parliament dissolution and calling the pre-election is an extreme measure and theoretically applicable to failure of the main legislature body to form a government or make decisions. The Constitutional referendum of September 5th on the issue of popular presidential vote failed due to the low voters’ turnout (less than 33. using the new procedure for the first time. the long-term situation. the mechanism of the election of the President provided by the current Constitution can be effective only under the complete domination of one political force. Then on December 31. Moldova’s President. The same applies to the ruling coalition having very limited opportunities for creation of the desired majority. At first. the election of the President has considerable political significance and could cause a crisis of state functioning.unchanged. In the context of the subject. That was the first proof of the imperfection of new constitutional provisions. if no candidate receives a majority of votes. it occurs rarely in conditions of political diversity and.3%). In parliamentary republics. On September 28th interim President of the RM Mihai Ghimpu have signed the decree on the dissolution of Parliament and scheduled the pre-term elections for November 28th. clearly. Clearly. is unacceptable and needs to be resolved. simple majority can elect a president. issued the decree dissolving Parliament and call for pre-term elections. After amending the Constitution in 2000. when the state has no President and Chief of the Parliament performs his duties. secondly. is not the best conditions for democracy-building. During the pre-term elections communists by no chance will get 61 vote needed for the election of the president under the current constitutional norms. Instead of giving for President nominal ceremonial and crisis management powers. In this case the capable parliament is being dissolved. As a 69 . The constitutions of some parliamentary republic states call for the election of a president by qualified majority. Parliament. Therefore. In fact. the Federal President is considered a candidate supported by majority in the third tour of voting. Unlikely after new pre-election of the Parliament will be able to elect head of state. Because of the “weight” of the President in Moldova and absence of the constitutional defense mechanism in case of inability to support one or another candidate in three fifth of deputy votes. 2000 Petru Lucinschi. the first issue standing out for the Republic of Moldova is the head of state election. Attempt to return nationwide election of the President Thus. in Germany if the Bundestag does not elect Federal President in two rounds of voting by the majority of deputies. the problem is the procedure of election Moldova’s President. the President of Moldova was clothed with loaded authority and influence on state policy.
One of the conclusions.result it is possible that even after the Parliamentary elections Moldova will not have a legitimate elected president. Therefore. introduced by 51MPs . it is sufficient to amend the procedure for electing the President. if optimizing the state mechanism for purpose of rising its functionality and effectiveness is determined as Constitutional reform priority. The politicians will have to perform at least the part of their duties unsuccessfully delegated to citizens before. The newly elected Parliament will most likely start from the revision of the Constitutional reform. whereat it needs move towards a consistent and balanced implementation of Major Constitutional Reform. provides nationwide direct election of the President.representatives of the Alliance for European integration. However. This aspect can be referred to as the Minor Constitutional Reform. state development and establishing of the democratic values. The failure of the Constitutional referendum had highlighted the fact. Minor Constitutional Reform The Constitutional Court has provided findings on the three conclusions in reference to amendment to Article 78 of the Constitution. at first Minor Constitutional reform scenario in the new parliament looks more realistic and less risky. so the Constitution requires a thorough and systematic review. which address the consistency of institutional performance. which sets the procedure for the election of the President. However. However. if Minor Constitutional reform requests necessity and it does not need measurable waste of time and resources for its development. but this scenario is highly unlikely. that the procedure for electing the President in actual fact needs to be changed. Rearranging the procedure of election of the President is only one aspect of the constitutional transformations required for RM. The Major Constitutional reform should target the striving for a rational and steadfast state model. Constitutional reform priorities: towards the European integration of the Republic of Moldova If solving the current problem with parliamentary disability to the next presidential election is determined as the single priority of the Constitutional Reform. The Constitutional 69 . the Major Constitutional reform is greatly more complicated. This situation could be improved if PCRM had found partners for the new ruling alliance. No doubt. this issue cannot be considered as a key to ensuring the coherent and effective functioning of the state mechanism. an optimal variant would be the implementing coherent Constitutional reform that also will resolve the Presidential election problem. Amending the constitutional provision of election of the President cannot occur isolated from other constitutional norms without evaluating the internal communication.
supported by the majority of MPs votes in the third round of voting. supported by 57 MPs votes. provides continuation of election of the President by the Parliament. becomes the President. Thus. we should assess it integrated . becomes the President. As noted before. becomes the President.2010.04. Direct nationwide election of President would more applicable with such legal statues of President. It is necessary to take into account the internal specificity of the state. with independent decision-making and significant influence to public policy. supported by 61 MPs votes. Another conclusion. This conclusion also was endorsed by the Constitutional Court 4. initiated by 36 MPs . the second round of voting takes place during five days. Trying to determine more acceptable versions to the existing state power mechanism. and the election of the responsible public office is not requested for the alternative candidates nomination. the failure of the referendum of the 5th of September had greatly highlighted the social legitimacy of this way of presidential elections. The key issue is to determine the form of government. It seems like among the parliamentary. 2 of 04. If the second round of voting was failed. If after the third round of voting the Parliament did not manage to elect the President. That way of legitimizing the President is more adequate to his role in the state mechanism than indirect election by the Parliament. concerning the initiative of revision of Article 78 of the Republic of Moldova Constitution. but noted that the provisions on election of the President on the alternative based is unacceptable. etc. 1 of 29. There is no universal model of state composition that would be applicable for all states. which was accepted by means of constitutional referendum 4 The conclusion of the Constitutional court no. Both versions of the presidential election procedure .2010. in case if the will of the MPs will be also joint with the European path of Moldova.nationwide and optimized parliamentary . If no candidate does not receive the required number of votes. the candidate. and amendments are regarded to the election procedure. This may be approached as the sufficient choice. and the candidate.PCRM members. during ten working days the President dissolves Parliament and calls pre-election. the formation of the party system. the degree of independence and professionalism of the judiciary. is unusual for parliamentary republic. However. finding the initiative of revision the Article 78 of the Republic of Moldova Constitution constitutional. after the procedure of electing the President the Parliament have to review and limit his/her duties substantially. considerable extend of presidential power in Moldova. which principles will be the base of building a state mechanism.taking into consideration constitutional norms. presidential and mixed forms of government Moldova does not consider the variant of implementation the presidential republic mechanism. Major Constitutional Reform If searching for the optimal mechanism of government organization.Court endorsed this conclusion3. Candidate. as the presidential 3 69 The conclusion of the Constitutional court no. However.04. under the conclusion the President is elected on the alternative basis.are more applicable to ensure the election of President under different political conditions in compare with current procedure. concerning the initiative of revision of Article 78 of the Republic of Moldova Constitution. which was accepted by means of constitutional referendum . it is necessary to take into consideration the number of factors including the level of democratic values.
that provides the election of the President by the Parliament. Bulgaria. Moldova has to give the priority for one form of government. Parliamentary republic as well as mixed republic can ensure the effective power organization only in case of providing with the correct implementation mechanisms. Finland. in realty the President could have a determinant influence on the government composition. Although. It should be considered that presidential government in USA operates under the strong bicameral parliament. 69 . Cyprus is the only presidential republic in European Union. At the same time the mixed form of government is most appropriate for transition state. Analysis of these constitutional provisions leads to the conclusion that the Constitution lays the extensive powers of the President to form the government. but not balanced between presidential and parliamentary. insisting on the named nominee Prime Minister and intimidating Parliament by dissolution. It is necessary to understand that the essence of form of government not only lies in the way of electing the President. immutable by any officer in power. 2) parliamentary republic. Although the Constitution approves the composition and programme of the Government. This situation creates unclear and illogical system of power and therefore leads to failures in its function. 3) parliamentary republic. president and government. Absence of these conditions creates high risk for undemocratic way of development. The mechanism of the mixed republic among three forms of government is the most difficult to implement in the context of balance of powers between parliament. giving it a vote of confidence. because of exclusion the one-hand power concentration. with certain reservations the existing form of government can be called parliamentary. The Constitutional reform leading to the strengthening of mixed government in the Republic of Moldova should be directed on the eliminating the preconditions for the conflicts between the commanding subjects. Iceland and Lithuania. that provides nationwide vote for the President. also providing the unity in the national policy. among European countries there are several parliamentary republics . but its governmental composition conditioned substantially by specificity of ethnic conflict and historical peculiarity in the island. as noted. Moldova already has experience of mixed and parliamentary forms of government. For example. truly independent judiciary and deliberated checks and balances. for that reason the President cannot have a determining influence on the Government and has to play the role of arbiter during the process of its formation.Austria. The Government has to be responsible to parliament in mixed government state. However President there is elected by direct nationwide vote. There are three optional versions of governance mechanism in Moldova: 1) mixed power composition.republic is overmuch risky for state with transitional economy and vacillating democratic institutions.
observance of legitimate procedure). The role of President in government formation is unusual for classic model of mixed form of government. In this context there is a necessity to think hard about expediency of returning the constitutional provisions on the possibility of the President participation in government meetings that was provided by the Constitution before amending in 2000. which currently seems to be on formation stage in Moldova. by the . Whatever governance model will be chosen for the implementation in Moldova. Thus. allegedly supported by the current constitution. the President together with the Prime Minister and without any participation of the Parliament can significantly change the existing government composition. However.In addition. not to mention the parliament form of government. the procedure of government formation. and several other institutions. There is high probability that in future any shortcomings of the state mechanism. which causes its dualism. FEASIBILITY ASSESMENT Ability of development and implementation of the Constitutional reform in Moldova depends on organizational and legal factors (legal framework. scientific and expert reform support) and political factors (political will. consensus ability of authorized persons.000 citizens of the Republic of Moldova. the mechanism of parliamentary power operates efficiently under the conditions of developed party system. The Parliament’s right to express a vote of no confidence vis-a-vis the Government is also partly leveled. despite the fact that new government will be formed under the above procedures. but not before Parliament. needs to be reviewed towards minimization of presidential influence on this process. It seems unnecessary that constitutional provision for the oath before the President. Also there is a need to improve the initiating and decision-making procedures. inclusively the part of countersign the acts of the President. If Moldova chooses the model of parliamentary republic. However. Under the condition of the mixed government the President is vested with exercise of executive power. Legal Framework 69 The Constitution of Moldova establishes that Constitution’s inquiry can be initiated by no less than 200. it should not lead to the formation of two conflict centers of decision-making. by not less than 1/3 of MPs. established by the Constitution and admitted unwittingly or deliberately (with current political objectives). The division of powers between President and Government helps to develop a unified state policy. the Constitutional reform should be accord chosen form of government with the role of President. will multiply reflected in the government. The parliamentary republic provides exclusively nominal presidential influence to government formation and its powers. despite the manner of his/her election. this model should be implemented with consideration for its internal principles and interrelations. capable and democratic governmental institutions. fixed by the current Constitution.
President empowered to promulgate adopted parliament Act on Amending the Constitution. Parliament. connected with Constitution and assure results of republic referendum.11. regulation of the named authoritative subject’s activities allow to make a conclusion that effective institutional base exists in Moldova and can ensure successful implementation of the Constitutional Reform. Besides the Constitution the legal base for the Constitutional reform consists of Moldova’s Electoral Code as of 21. Legislative regulation of popular initiative and expression of will on the procedure. endorsed by 4 from 6 judges. empowered by the blocking third of voices to initiate review of legislation and to change Constitution in a case of 2/3 approval. In a case of change of constitutional procedure it will be expedient to regulate this question in the Electoral Code. separate Act for Procedure for president election in the Republic of Moldova as of 22.1997 with the amendments.Government.09. The Electoral Code regulates referendum procedure and decisions of the Constitutional Court. Parliament is entitled to enact the changes to Constitution not earlier than after 6 months from the appropriate bill representation. · · All named matters. excluding the Constitutional Court.2000. Unitarian system of the state and permanent neutrality may be changed in case of referendum provided support of the popular majority. Independence. This law is adopted by the 2/3 voices of deputies. but after the adoption of election of the President by the Parliament adequate Part was eliminated. the Constitutional Court which is entitled to provide solutions about draft bills. Institutional framework Some mattes involved in the development and introduction of the Constitutional Reform: · · · citizens of the Republic of Moldova can initiate reading of constitutional provisions and make decision on constitutional referendum. Enactments about Sovereignty. 69 Decision making process . can initiate constitutional procedure. Government empowered to initiate review of Constitutional provisions. Before the implementation of the Constitutional reform in 2000 procedure of President’s election by the nationwide vote was regulated by Paragraph IV of the Electoral Code. The constitutional draft bills are considered eligible for the parliamentary reading only with the decision of the Constitutional Court.
cause of the proposal to change the article about official language. which belong to the political context are also important for the success of the Constitutional reform. can be the subject to overview. which contains some version of the power organization. lost its meaning as a project. Because of the Constitutional reform in Moldova should be directed to find the optimal mechanism of state power composition. are realized by the adoption of the appropriate law by 2/3 voices of the MPs and referendum is not obligatory. if any authoritative actor exceeds authority. This constitutional request stipulates difficult situation connected to the change in the procedure for President elections and dissolution of the Parliament. Because of this there is no absolute firmness that in a moment of voting draft bill will the needed support. which belong to the constitutional context. Some issues in Moldova. Independence. 2/3 voices of MPs are needed for the adoption of Law on amending the Constitution. not relevant to the questions of Sovereignty. realization of the Constitutional reform needs keeping “status quo” relative to the issues which have excessive political meaning. These issues may not be problematic for the process of the Constitutional reform. which regulate these issues. regardless of its reasons. Unbiased experts and scientists should be involved into the process of the Constitutional reform development. Therefore. 69 . which is named “Public authority”. Dissolution of the Parliament on September 28th will aggravate the existent political crisis and mutual distrust among the political parties. Amendments of the constitutional provisions. Constitutional statutes. assimilate the attainment of the political and social consensus to the very illusive probability. developed by Constitutional Committee (which was created by Chief of Parliament). Thus. Indeed. legitimacy will be doubtful and as result alterations will unlikely be positive. Unitary system of the state and permanent Neutrality. Regarding to changes of the Constitution initiated by the Parliament it is indispensable to pay attention on the time of such alterations. Understanding and ability of involved politicians and experts to separate problems of the state mechanism organization.Any constitutional amendments should be originated in accordance with the procedure determined by the Constitution. Human resources Implementation of the Constitutional reform should be maximally depoliticized process that is directed to find most admissible and efficient under any political circumstances model of government. but these articles should be revised separately with intent to fix organized model of the power composition. For example. including those fixed by the Constitution. new project of the Constitution. As the Constitution proclaimed that the Parliament is entitled to adopt the Law on amending the Constitution no earlier than after 6 months from the draft bill representation can be reviewed by the Parliament only coupled with the Constitutional Court. contextual changes should dealt only with third part of the Constitution. for the adoption of the constitutional alteration the plenipotentiary and capable Parliament is needed. When procedure of the reform implementation has any contempt. Besides that. and problems of the state mechanism actions. not the model which is unprofitable for someone.
Position of the permanent Constitutional reform is not healthy for the country and society. popular sovereignty and appropriate democratic institutes that provide its realization. Therefore. But the problem does not depend from constitutional provisions. Only after the achievement of these goals country will be able to reach a new stage of development. Unconditionally the Constitution of the Republic of Moldova as a major component of the state building process. the Constitutional reform that has matured. Time-to-time large-scale change in the cohabitation government subjects between each other and dealing with citizens undermines the credibility of the Basic Law.constitutional power mechanism will not work effectively. legal values formation. 69 RECOMENDATIONS . Main achievements and lessons learned Reasons of the situation. which shows how half circumspect changes in the Constitution can cause the major problems of the state mechanism functioning and even stalemate situation. determining national development. which exists nowadays (two convocations of Parliament could not elect the President and immediate dissolution of the Parliament is coming) is the insufficient preparing of the Constitutional reform in 2000. when it is impossible to solve the problems without violation of the constitutional norms. and measures variation between acceptable and impossible. Appealing to the constitutional provisions as to the causes of power activity failures does not assist to the enactment of Constitution supremacy in the state. Still the task is providing rule of law in the society. and its changes do not resolve the situation. Moldova should come with all the fullness of responsibility so that it does not cause new Constitutional reform in future. Thus. implementation of the Constitutional reform needs such characteristics of the human resources as political impartiality. for what approval authority of the Constitution among the politics and citizens is essential. but it is important not to overdo here. than chance to bring positive changes is very doubtful. clear focus on developing of the optimal governmental mechanism. Improvement of the Basic Law and search for the optimal model of the state power organization are regular process for the young countries such as Moldova or Ukraine. Moldova has already shown the ability to improve defined constitutional institutions by amending separate provisions. Since the commencement of the Constitution. The reform 2000 is very useful lesson for Moldova. mistakes and correction. readiness to accept new order and act straight to it. consolidates high standard of the human rights. the necessity of new Constitutional reform appeared which would correct the mistakes done and then would improve the state government mechanism within the limits of selected form of management. professional approach. Constitutional reform is also not the process of the next changes. If such quality of the authority subjects and involved specialists can not be ensured in a process of the Constitutional reform implementation. So.
can lead to conflict of powers.to make other necessary changes to improve the state of the ruling mechanism (Major Constitutional Reform).change the constitutional enactments regarding the election of President (Minor Constitutional Reform). it should be separate from the changes relating to the organization in the state. Moldova must make a choice in favor of one or another form of government. Some other constitutional enactments. Mistakes. If there is a need to change these constitutional provisions. we find it necessary to draw attention to possible negative consequences of this precedent. but the issues with the procedure of election of the President need a quick solution. The appeals to the will of citizens to vote without prior attempts to change data in parliament is nothing but a transparent attempt to resolve internal parliamentary conflict in the non-parliamentary way. 69 The Constitutional reform will be successful only in condition of presence the characteristics of political impartiality and professionalism. Such reform is due to the urgent need to solve the problem of the parliamentary failure to elect the President in accordance to the constitutionally established procedure. Mixed system is really a complex model of government in comparison to parliamentary or presidential. Regardless of the complexity of the situation it is necessary to find the way that corresponds to established procedures. The mechanism of state power cannot combine the elements of different forms of government and must clearly display a form of mixed or parliamentary republic. This dangerous precedent made the restoration of political dialogue impossible and deepened the political split-up in the society. So it is expedient to hold the Constitutional reform in two stages: first . the second . otherwise meaning of the reform would be lost using the language issue and other “sensitive” (from a political perspective) issues. made during the implementation of a mixed form of government. Boycott the referendum by the opposition undermined the legitimacy of social outcome before it was held. When making changes to the Constitution. 2010. especially enactments that govern the formation of the Government. Achieving this goal cannot be secured by changing the presidential election procedure. Understanding the complexity of the situation after the referendum failure on September 5. In the context of the Constitutional reform alteration to the third section of the Constitution "Public Authority" should be amended. but at the same time as it has a significant advantage . a violation of the constitutionally established procedure cannot be admitted. need to be reviewed. Questions unrelated to the state power mechanism should not be the subject of the reform.does not allow concentration of power in one hands that carries special risks for state with transition economy. and gain political consensus on it. A successful Constitutional reform is time and resource consuming. and need to develop and fix this model of government organization in which state institutions will consistently work with an aim to develop the country and establish democratic values.For the Republic of Moldova Implementation of the Constitutional reform in Moldova is essential. Representatives should understand .
made to Law on the procedure for electing the President of Moldova the Constitutional Court sought to the Venice Commission. Two states have the same declared strategic goal . Unlike the Moldovan government. from which the Parliament can be dissolved. Ukraine should more often take into account the opinion of the Venice Commission. where to find legal exit. This means the breakdown of democratic development. The position of the Venice Commission on this issue apparently withdrew doubt on the constitutionality of the changes and the feasibility of the Constitutional Court. was often facing severe problems.EU integration and similar obstacles to this goal in many aspects. was determined. The Moldova’s experience of Constitutional reform has to be carefully studied in case Moldova leads the way in this regard. This especially concerns the role of the Constitutional court of RM as an independent state institution. Its decision in this case has not only legal but also political significance. As a result another Constitutional reform would not be required in the nearest future. Ukraine. Such proximity and similarities of Ukraine and Moldova in many aspects give both countries a chance to borrow from each other positive experiences and to learn lessons from making mistakes. the date of local elections and the new version of the Law “On the Cabinet of Ministers”). at first was not easy. For example. all constitutional errors were used by politicians to their advantage (for example with their personnel participation on the coalition of MP factions. like Moldova. which will operate effectively under different political conditions and will be high property of Moldovan constitutionalism. including the failed constitutional amendments. For Ukraine The experience of Ukraine and Moldova is similar in many ways of the state building and constitutional history. In such situations the position of the Venice Commission could prevent political abuse and make the objective certainty in the problem. which will facilitate the 69 . which “grew” from the soil of the previous wrong decisions. when important decisions are taken. as does Moldova. which help to avoid repeating them. the Ukrainian authorities should be admonished from the temptation to simply repeal the constitutional amendments in 2004 and return to the Constitution of 1996. secondly. in a process of the reviewing the case on the constitutionality of the amendments. but also the resumption of constructive political dialogue between government and opposition. Ukraine is also reaping the fruits of failed reform 2004 and its unprecedented cancellation by the Constitutional court on October 1st 2010. and whenever possible. consider it. Due to this Ukraine needs to introduce the amendments to the old reading of the Constitution. Together with the legislative changes of 2010 this renovates the superpresidential model concentrating all power branches in hands of President and his administration. which recognized them as constitutional. During the optimization of Ukrainian model of the Constitution important intermediate objectives are not only set a vertical functional executive authorities.that this reform should fix such kind of the state power mechanism. as actual moment of time.
the political culture of its initiators and promoters. to revised constitution as the result of social consensus. but not controversial decision of the Constitutional court subordinated to the President. such external advice should emphasize the informal features of the constitutional and political processes . should be also its priority. So EU officials and spokesman should constantly remind to its counterpart that European model of democracy – is a fair game. Simultaneously. Accordingly domestic reforms. but not a game with the rules. it does not stabilize long-term democratic institutions neither brings any benefit for the society. the West should offer to the Republic of Moldova and Ukraine their expertise to improve the texts and procedures in making constitutions. In the context of the Transnistrian conflict two sides of the conflict should be encouraged to the dialogue for the future model of the Constitution of the Republic of Moldova that would guarantee for all its citizens equal rights and would be institutionally compatible with the European Union. equal dialogue of government and opposition. as the institutional compatibility makes the co-existence with other EU-partners easier. In the context of European integration it is useful to remind for Ukraine and Moldova that European countries . In case of the Republic of Moldova and Ukraine. whose politicians need external legitimacy of their power and are being sensitive to evaluations and expert opinions of the Venice Commission on constitutional amendments and electoral legislation. European and international community deals with states. For European and international community Moldovan. 69 . Ukrainian and other post-Soviet politics tend to resolve political conflicts by changing the rules of the political game and not compromise within the existing Constitution and electoral procedures.members of the EU are majorly parliamentary republics. creating an atmosphere of public confidence around the process of amending the Constitution. As the Republic of Moldova. However. which will approach their membership in the European Union. Government of Moldova and Ukraine officially declared European integration as a priority.restoration of the public confidence to the state institutions. The new EU members had introduced the internal reforms as parliamentary republics. Building a European model of democracy is one of the necessary conditions for this. Usually. Ukraine could also introduce the Constitutional reform step by step to complete the reform of power and relations of authority bodies before the next presidential elections in 2015.
· Ignorance of judges to intimidation and political influence by the power holders. Some better index was garnered by President.Roman Kyubida. and 28.php?action=view&view=doc&lang=2&id=332540 7 69 The same . 39. Thus according to the results of the “Barometer of Public Opinion – May 2010” published by the Institute of Public Policy 5. · Neglect of legislation that regulated court responsibilities or select its application by the Supreme Council of Magistrate.May 2010 // http://www. “Syndicate” approach to the court system7. Prosecutor’s office continues to serve for political interests. approved by the Parliament Resolution No53 dated 30. promotion of judges.2% show more distrust than confidence. In particular. 21% of the population are partially confident in courts. Government and police. Barometer of Public Opinion .2009 // http://lex. and their punishment. Those who are fully confident have not been discovered. Inadequate financial provision of courts. Parliament.ipp. The lower level of credit is given only to labour unions and political parties.8% of respondents have no trust in courts. · · · 5 Unsatisfied primary (basic) and permanent training of judges.md/index. The best result is depicted for the army and local selfgovernment. Expert assessment matches the political report that was presented by the Parliament: “Justice in the Republic of Moldova is severely affected by corruption and shows essential signs of political influence”6.10. Rule of Law and Judicial Reform in Moldova PROBLEM BACHGROUND Courts in Moldova have one of the lowest trust indicators towards public and state institutions among the population. appointment.php?l=en&idc=156&id=552&parent=0 6 Declaration of the Parliament of the Republic of Moldova on Conditions of Justice in the Republic of Moldova and Necessary Measures for Improving the Situation in the Sphere. · Absence of transparency while executing justice and activities of the Supreme Council of Magistrate especially concerning selection.md/libview. Majority of experts agree on the fact that the judicial system is heavily filled with corruption. Reforms in the sphere of the rule of law have almost not influenced a level of corruption in the judiciary. political influence and business. it has lead to the following: · Dismiss in 2002-2003 of numerous judges on political motifs and appointment of loyal to the authorities judges. The court has the third worst position assessing trust by the nation.justice.
right to dignity and respect. experts underline applicability of all of the above still for nowadays. it appears to be widely used when the cases are lined-up by the chief judge with their registration at the secretariat according to “queuing system” following after in a way to have the case reviewed by a previously defined judge by the chief judge. low level of infrastructure quality and equipment of court institutions. Improper executing of court rulings8 Execution of the state courts’ rulings within reasonable period of time is the major reason for Moldova to fail in the European Court of Human Rights.207 // http://lex. In order to realize the above tasks the following programs are developed: 1) 2) strengthening of judicial system. In particular. Judges repeatedly pull the solution of cases and misuse regulations of the Code of Judicial Practice in terms of reasonable period of time. Frequently. Appellate courts often cancel rulings of the first instance courts for several times and remand them for a new revision. approved by the Law No295 as of 21. Despite the fact that the National Development Strategy for 2008-2011 was approved in 2007 whereas decisions of the European Court of Human Rights relate mostly to the earlier violations. implementation of European and other development tools The National Development Strategy for 2008-2011 in frame of the overall goal “strengthening of the functioning mechanisms of democratic institutes related to experience of implementation of legal and normative framework for effective and fair human rights protection” identifies modernization and increase of effectiveness of judicial system as one of the main tasks.National Development Strategy for 2008-2011.2007 has emphasized the following issues of the judicial system: · High caseload. reinforcement of execution of court’s decisions.justice. right for personal immunity follow after.12.php?action=view&view=doc&lang=2&id=326734 .md/index. lawenforcement officials execute court decision on selective basis. Improper execution of court decision is related to lack of financing and high corruption. Violation of rights for peaceful property ownership. · Insufficient provision of courts with appropriate premises. · · Lack of qualified human resources (both judges and assisting personal). Development priorities. The Human Rights Center that performs in Moldova as an Ombudsman receives complaints generally appealing for violation of right for fair judiciary and non-fulfillment of court rulings. 69 8 National Development Strategy for 2008-2011. The system of lining-up cases does not always work.12. approved by the Law of the Republic of Moldova No295 dated 21.
2007 // http://lex.justice.eu/world/enp/pdf/action_plans/moldova_enp_ap_final_en. transparency and independence of the judicial system and respect for human rights.md/index. The enumerated legislation is accompanied by the action plans and aim to realize priorities of European Integration. its recommendations are not always considered. the EU-Moldova Partnership and Co-operation Agreement of 1994 (effective since 1.php?action=view&view=doc&lang=2&id=326315 11 Action Plan EU-Moldova // http://ec. Moldova has taken the responsibility to revise its legislation in order to assure independence and impartiality of courts including impartial and effective prosecution and also aiming to enhance authorities of justice as follows: · To resume legal work on further implementation of the judicial system reform in compliance with European standards. · arbitrate.md/index. · To amend and compliment the Law on the Judicial System in order to provide independent. In the EU-Moldova Action Plan signed in 200511 in frame of the European Neighborhood Policy it is envisaged to strengthen the rule of law via improving effectiveness of judicial branch of power and law-enforcement institutions.europa. significant achievements have been made as for the majority of the above priorities. However. 9 Strategy of Strengthening of the Judicial System. Moldova frequently addresses the Venice Commission with the request of expert support. prosecutors.php?action=view&view=doc&lang=2&id=325042 69 10 The Development Strategy of Executive system. and obtaining resolutions of the Constitutional Court.pdf . approved by the Parliament resolution No174 dated 19. The second program correlates with the Development Strategy of Executive System10. unbiased and effective activities of courts including itemization the procedure of appointment and carrier growth along with the rights and duties of judges. · To conduct implementation of new legislation related to the prosecution in accordance with European standards. in practice the accomplishments are much lower. law-enforcement officials.12. police. In frame of joint programs with the Council of Europe EU underpins the steps taken by Moldova for promotion of the rule of law.7. approved by the Government resolution No193 dated 12.3) improvement of juvenile justice. nevertheless. · To increase the professional level of judges.7. and penitentiary institutions especially in regard of human rights and court cooperation issues. Ministry of Justice personnel. Execution of the first and second programs is subject to consideration with the Strategy of Strengthening of the Judicial System9.justice.2007 // http://lex. To develop alternative ways of dispute resolution including mediation and Taking into account legislative point.1998) emphasizes the rule of law and respect for human rights as the prime importance (it is worth mentioning that since January 2010 negotiations regarding new Agreement on EU-Moldova Association have started). In particular.
In 2002 amendments to the Constitution has exempted the formula in regard of “supervision and ensuring precise and equal application of laws”. the Head of the Supreme Judicial Chamber. specialized courts can perform for certain categories of cases. professors of law. Legal Framework Legal framework is stipulated in the Constitution of Moldova enacted on 29. with reappointment until the limit (retirement) age (the norm was amended in 1996 by the regulation that enforced first two appointments of a judge for 5 and 10 year-term with following reappointment until reaching the limit age). its implementation and support of indictment in the court. Chief judges and deputy chief judges are assigned for four-year term by the President also after prior nomination of the Supreme Council of Magistrate. Amendments allowed modifying its membership by an ordinary law. Head. According to the Constitution. FEASIBILITY ASSESMENT Referring to the Moldavian experts’ analysis current situation certifies existence of high political will for implementation of reforms aiming to improve integration to European Union. Deputy Heads and Judges of the Supreme Judicial Chamber are selected by Supreme Council of Magistrate among the candidates who have 10-year legal experience and approved afterwards by the Parliament. According to the law. but not always reasonably though. the Minister of Justice and the Prosecutor General. The Prosecutor’s office has obligation to represent general interests of the society and protection of the law. Prosecutors of the lower level are assigned for the same 5 year term by and directly subordinated to the Prosecutor General. American Bar Association etc. Prior to made changes to the Constitution in 2002 the composition of the Supreme Council of Justice has been clearer. citizens’ rights and freedoms.S. low financial and human resource potential on the background that hinders proper implementation of such decisions into life. Judges are appointed by the President upon relevant recommendation of the Supreme Council of Magistrate based on the results of the competition initially for five years. it occurs with some political confrontation. the justice is executed by following bodies: Supreme Judicial Chamber. Meanwhile.Vital assistance in accomplishing set priorities are fulfilled by the programs and projects of the U. The Supreme Council of Magistrate comprises of judges. 69 . as well as coordination of legal persecution. Millennium Challenge Corporation. Chambers of Appeals and Courts. Part V “Constitutional Court”) and also it is specified in other statutes. their transfers. Part III. promotion and applying disciplinary charges when necessary. The Prosecutor General is appointed by the Parliament upon submission of a relevant proposal by the Parliament Chairman for the 5 year term.1994 (Chapter IX “Judicial Power”. Soros Foundation. German Foundation for International Legal Cooperation. Required legislative decisions are taken rather promptly. The Supreme Council of Magistrate is responsible for selection of judges. 1. Agency for International Development.07.
07. The Constitutional Court controls the supremacy of the Constitution above other legislation. Organization of the judicial system and the status of judges are regulated by the laws: On Judicial System as of 6. On Supreme Council of Magistrate dated 19. On Mediation as of 14. Criminal and Procedural Code dated 7. 2008. On the System of Forced Execution as of 6. On Legal Assistance Guaranteed by the State as of 26.07.06. In general.01.1996. and the Code on Constitutional Jurisdiction as of 16.1996. Organization of institutions and areas related to courts and human rights are determined by the following pieces of legislation: On Prosecution office as of 25. Furthermore.07. preparatory work has been launched on creation of administrative courts. Some representatives of off-Parliament opposition stress that statutes on judicial system modified by the Parliament with the ruling coalition for the sake of interests of political powers. On Conflict of Interests dated 15. On the System of Remuneration of Labour dated 23.07. On Economic Judicial Instance as of 24. It comprises of 6 judges that are assigned for 6 years by the Parliament.06.10. On the System of Military Judicial Instances as of 17.07.05. On National Institute of Justice dated 8.05. On Legal Practice as of 19. 69 12 I.1996.12.2005. On Law Enforcement as of 17.2007. interprets and comments the Constitution.06.1997. Judges. legal acts of the Parliament.1994. whereas these bodies in cooperation with the Center for Combating Economic Crimes and Corruption are used for outrage political opponents and unfaithful business representatives12. 4. On Qualification Collegiate and Attestation of Judges as of 19. 2002. the Code of Minor Offences dated 21. On Disciplinary Collegiate and Disciplinary Responsibility of Judges dated 18.03.2008.2003. On Parliament Attorneys as of 17.com/2010/07/09 . On Declaration and Control over Income and Property of Public Servants.1995.2006. Prosecutors. legislation on judicial system and status of judges is rather disordered.07.2007.07. the judges are under influence of the anti-corruption legislation: On Prevention and Combating Corruption as of 25. On Status of a Judge as of 20. Procedural issues of court activities are regulated by the Civil Procedural Code approved on 12th of June 2003.The Constitutional Court is the sole body of constitutional jurisdiction in Moldova.wordpress.1995. The Parliament is still in the process of reviewing draft legislation on liquidation of economic and military courts.1995.2002.2008. reforming prosecution and interior ministry is blocked. and Some Other Top Management Representatives dated 19. Government and the Supreme Council of Magistrate (two from each body).08.10. Government and international treaties of Moldova.10.07.07. affirms results of the republican referendums.06. political leadership eradicate disloyal judges and substitute them by more adherent ones. On the Constitutional Court dated 13.1996. implementation of attorneys’ monopoly for representing clients in the courts etc.2008. 3. 2.12.1996. Parliament and President elections etc. On Arbitral Court as of 31.2006. by the Law on Administrative Court dated 10 February 2000.07. 2010 and the Executor Code as of 3. On Supreme Judicial Chamber as of 26. President.12.1996. Rosca CDPP – Third Power between Communism and Liberalizm // http://sergiupraporscic. Besides.2005.1994.06.
President and Government. Constitutional Court (established in 1995) as the sole body of constitutional jurisdiction is responsible for the following: upon request execute supervision of the acts of the Parliament.allmoldova.pdf . Commercial courts and Military courts are specialized courts.gov. Freedom. Ministry of Justice. Military court is responsible for hearing criminal cases in regard of military officers and civil complaints on reimbursement of damage caused by military crimes. provides interpretation of the Constitution. criminal. liquidation of commercial courts has not been upheld in the second reading14 although the step is envisaged in the action plan of the current government15. Moreover. administrative cases and cases on misconduct.2010 http://www. 8. even draft legislation on their abolishment has been approved in the first reading13. Chambers of Appeals resolve cases in an appellate court. Nevertheless.vedomosti.com/moldovanews/1249053943. Courts review civil. international treaties when Moldova is one of the parties in terms of compliance to the Constitution.html 14 69 Parliament has not Adhered Liquidation of Commercial Courts. Commercial Chamber of Appeals.gov. office of Attorneys.05. the Collegiate on Commercial Cases and the Collegiate on Criminal Cases.Institutional framework The institutional grounds for the judicial system and other law-enforcement institutions that secure rule of law are firstly the following bodies: courts. in some categories of cases can perform as the primary level court. The Court System in Moldova is comprised of the following: 1st level – courts (45). 21. Commercial courts solve civil cases related to commercial disputes between individuals and legal bodies. 1. The issue of their existence in the judicial system is debatable. Prosecution Office. 2nd level – appellate chambers (5). Supreme Judicial Chamber is a court of a cassational instance. affirms results of the Republican Referendums.md/www. District Commercial Court. and the system of guaranteed state legal assistance. Military Court. but in certain categories of cases can perform as court of other instances. 3rd level – Supreme Judicial Chamber. 13 Specialized Courts Will Be Abolished in Moldova. however. Prosperity” 20092013 // http://gov.md/news/Parlament_Ne_Podderzhal_Likvidatsiyu_Ekonomicheskih_Sudov_ 15 Action Plan of the Government of the Republic of Moldova “European Integration. National Institute of Justice. The sole body of constitutional jurisdiction is the Constitutional Court.07. provides conclusions on proposed amendments to the Constitution.2010 // http://www. the Supreme Council of Magistrate.md/file/Plan_activit/ru/Program_%20guvernare_rus. the Supreme Council of Prosecution. It revises conflicts on jurisdiction between court instances. Supreme Judicial Chamber includes the Collegiate on Civil and Administrative Cases.
approves. material and financial provision of judicial institutions. applies disciplinary sanctions to judges. promotions. inability to perform his/her functions. approves the strategy of preparation of judges. Minster of Justice. Separately but in the structure of the Supreme Council of Magistrate the Qualification and 69 . General assembly of judges of Moldova elect only members of the Supreme Council of Magistrate and cannot take any other decision regarding organization of the judicial power. submit recommendations to the President and Parliament for relevant appointments. in 2009 36 complaints were submitted whereas only 17 were conveyed to the reviewing substantially. It consists of 5 officers in order to conduct inspections over the delegated authorities. and Prosecutor general. drafts. As for the discipline and code of conduct of judges the Council revises citizens’ appeals in regard of judicial ethics. confirms facts that are basis for the Parliament dismissal. Despite wide powers the number of appeals to the Constitutional Court has been abruptly declined within last five years. For instance. The Supreme Council of Magistrate has extremely wide authorities in the spheres of selection. 5 members are judges elected by the general assembly of judges of Moldova. In regard of training of judges the Supreme Council of Justice appoints judges to the Council of the National Institute of Justice. suspension of the President. sets vacation periods for chief judges and deputy chief judges. applies stimulus measures. transfers of judges to other posts or dismissal of judges.Presidential elections. chief and deputy chief judges. endorses terms and conditions for distribution of caseload in courts. requests information on tax and property declaration submitted by judges and obliges the tax revenue authorities to verify declarations.2008. Thus the Supreme Council of Justice comprises out of 12 members as follows: by virtue of office the Head of the Supreme Judicial Chamber. 4 members are staff professors of law selected by the Parliament (according to the amendment dated 25. As for the sphere of selection and carrier of judges the Council announces and selects candidates for the vacant positions. takes decision in regard of political party compliance to the Constitution. solve exceptional disputes of unconstitutional legal acts presented by the Supreme Judicial Chamber. the changes applied for the first time during composition of the Supreme Council of Magistrate in October-November 2009). discipline and code of conduct. coordinates and adjusts holiday leaves for judges. submits draft budgets of the judicial institutions and reports annually to the Parliament and President on organization and functioning of courts for the previous year. review complaints on decisions of the Qualification Collegiate. affirms its decisions. Supreme Council of Magistrate is ascribed as an independent body established for organization and functioning of independent judicial system and at the same time as a body of judge self-organization although only half of its members are judges. complaints on decisions of the Disciplinary Collegiate. In the sphere of court administration the Supreme Council of Magistrate hears information of the Ministry of Justice on organizational. and administration in the judicial system. acknowledge mandates of the Parliament Members and the President. promotion of judges. 2. Since 2008 the court inspection launched its functioning under the Supreme Council of Magistrate.12. The members are elected proportionally.
It is centralized hierarchical system that consists of the Prosecutor General. 4.Disciplinary Collegiate were established. Qualification Collegiate incorporates twelve members: two judges of the Supreme Judicial Chamber. two judges of lower level selected at the assembly of judges and 6 staff professors of law (three out of which are appointed by the Supreme Council of Magistrate and the rest three – by the Minister of Justice). and prosecutors of appellate chambers level). transport prosecutor. 3.2008). supports indictment in lawsuits. financial and technical provisions of courts. The ministry is responsible for organizational. one judge from lower level courts elected at the assembly of judges. protection of legal order. army and during executions of courts’ decisions in criminal cases. Prosecutor’s office first of all performs the following functions: law-enforcement duties. and five staff professors (two of which are assigned by the Supreme Council of Magistrate. The Qualification Collegiate provides reports on possibility of promoting a candidate for the position of a judge or promotion of a judge to a higher level court. The Disciplinary Collegiate aims at reviewing cases on disciplinary responsibility of judges. Disciplinary Collegiate is made out of ten members: two judges of the Supreme Judicial Chamber. Decisions of the Collegiate are subject to approval or cancellation by the Council. At the moment liberalization processes in the system of execution of courts’ decisions are launched that leads to modification of the law-enforcement bodies into the system of private certified catchpolls. and three – by the Minster of Justice (according to an amendment as of 25. organizes qualification certification of judges and awarding qualification ranks. By virtue of the position the minister of justice is a member of the Supreme Council of Magistrate and has authority to appoint partially members of the Qualification and Disciplinary Collegiate. at the pre-trial detention suits. appellate chambers and performs control over these institutions in terms of administrative and financial issues. Prosecutor’s office according to the Constitution is functioning in the system of judicial authority as an autonomous body. 69 . The right to initiate a disciplinary action is designated to the members of the Supreme Council of Magistrate. The structure of the Ministry incorporates the Department of Court Administration with 13 officers. Ministry of Justice plays the key role in administration of the judicial system. territorial prosecutors and specialized prosecutors (such as anticorruption. controls law enforcement at the penitentiary institutions. two judges of the Chamber of Appeals. initiates and participates in solving civil and administrative cases enumerated by the law and cases on infringements initiated by the Prosecutor office. citizens’ rights and freedoms in case whenever criminal punishment is to apply. coordinates and execute criminal investigation. Execution of courts’ decision is delegated to the Department of Executions and Department of Penitentiary Institutions. two judges of the Chamber of Appeals. military. administers qualification exams for the candidates for a judge post at the appellate court or the Supreme Judicial Chamber.12. Access to the profession and certain regulation of the law-enforcement services will be implemented by the National Society of Executors as a body of professional selforganizations.
7. prepares relevant submissions on appointing prosecutors to the Board of the National Institute of Justice. which is structure including the following working bodies: the Congress. Disciplinary Collegiate is formed out of nine members-prosecutors. Practicing law (advocatus) is a bar society that executes role of licensed attorneys. It has twelve members: Prosecutor General. approves strategy of primary and permanent training of prosecutors.md/main/view_article.ko.php? issue_date=2010-01-28&issue_id=1567&PHPSESSID=4bde8d0e183f5256c44a4cb165c50957 . 6. Licensing for bars is granted by the Ministry of Justice that is based on the decision of the Commission on Licensing Legal Practicing upon an exam results.5. Self-government of attorneys is coordinated by the College of Lawyers. Chairman of the Supreme Council of Magistrate. Prosecutors obtained the Supreme Council // http://www. four staff professors that are selected by the Parliament. The Supreme Council of Prosecutors embraces Qualification and Disciplinary Collegiate akin to the Collegiate under the Supreme Council of Magistrate with similar powers). the Commission on Licensing Legal Practicing. two attorneys and two staff law professors defined by the Ministry of Justice). providing primary training to the candidates for the position of a judge or a prosecutor. reviews citizens’ complaints regarding code of conduct of prosecutors. The Supreme Council of Prosecutors performs the following duties: administration of contests for the vacant positions of prosecutors and selects candidates for the posts. National Institute of Justice is an autonomous public entity that functions beyond the educational system. but the Government is initiating establishment of a united supreme council of magistrates composed of two chambers – for judges and for prosecutors16. permanent educational training for judges and prosecutors as well as other officials who participate in performing law enforcement functions (court clerks. 5 prosecutors elected by prosecutors (two elected among prosecutors of the Prosecutor General office. The status of the Supreme Council of Prosecutors defines it as the representative body and a body of self-government of prosecutors. Qualification Collegiate has eleven members – nine prosecutors and two staff law professors appointed by the Supreme Council of Prosecutors. Minister of Justice by virtue of the position. three come from territorial and specialized prosecutors). filing nominations to the Prosecutor General as for relevant candidates. transfers and engagement of prosecutors. Executive Director that is appointed by the Council. Legal Practice is performed in the form of individual or joint attorney office. An attorney is a free professional. The Council has established its activities at the beginning of 2010. promotions. 69 16 Statkevich V. the Board of the College of Lawyers. Commission of Ethics and Discipline and Revisionary Commission. The Institute management is represented by a Council (twelve members – seven assigned from judges. executors). four come from prosecutors. one from the Ministry of Justice and one is a law professor). independent consultant and representative on all legal issues who does not perform entrepreneur activities. coordinates vacation schedules for prosecutors. Supreme Council of Prosecutors is an analogy of the Supreme Council of Magistrates for the prosecutors. The Commission is comprised out of eleven members (seven attorneys elected by the Bar Congress. Lawyers have a right to join and to form professional associations.
Guaranteed legal assistance is divided into primary (it can be provided by paralegal specialists or civil organizations with relevant specialization) and qualified legal assistance (provided by public attorneys and attorneys by a request). the National Strategy for Strengthening the Judicial System (approved by the Parliament resolution No174 as of 19. Decision Making Process Moldova has no unified policy making process in the sphere of judicial system reformation. reformation is usually done via amending of current laws or adoption of new ones. The National Council has seven members (two represent the Ministry of Justice.2007).com/moldovanews/1249050539.allmoldova. administrative cases and cases of misconduct for the public budget cost if the cases are considered complicated from the legal or procedural point of view and a person is not able to pay for the services of an attorney. The System of Guaranteed Legal Assistance has been under the process of establishment since 2008. 2007).2009. Ministry of Justice is assigned as the Government body responsible for development and accompaniment of draft pieces of legislation on judicial system. The grounds for changes can be based on the Moldova-EU Action Plan. Territorial offices coordinate provision of guaranteed legal assistance in the district of appellate chambers.In the process of further reformation of the attorneys activities Government proposes to establish regional colleges of lawyers and to stipulate the monopoly of attorneys for representation in all types of courts17. the Government's Activity Program „European Integration: Freedom. Moldova – NATO Action Plan. concepts approved by the Parliament or the Government.03. Selection of lawyers for delivering guaranteed legal assistance is delegated to the National office based on the contest results. and enter agreements on cooperation with paralegal practitioners and non-governmental organizations. 8.2007). the Government Program of Actions etc.12.07. the Concept of Financing of Judicial System (approved by the Parliament resolution No39 as of 18. Qualified legal assistance takes place in cases when procedural legislation requires obligatory participation of a lawyer. strategies. Thus measures to be taken on reforming of the judicial system have been envisaged by the National Development Strategy for 2008-2011 (approved by the Law No295 as of 21. assign lawyers. Considering that the justice is regulated at the constitutional level and other laws. Work on 17 69 The reform of legal practices was approved by Government. Welfare” for 2009 – 2013.html .12.2007). previous plan of Moldova in frame of the US Program “Millennium Challenge”. Starting from 2012 the state will also guarantee legal assistance in civil. The assistance similarly as the primary legal assistance (consultancy) is conveyed to a citizen despite his/her income. two are from the College of Lawyers. Democracy. etc. one comes from the Supreme Council of Magistrate and one is a representative of civil organizations or academic environment). the Concept of Informational Judicial System for 2007-2008 (approved by the Government resolution No776 as of 3. // http://www.2010). the Strategy of Executive System Development (approved by the Government resolution No1393 as of 12. The system is administered by the National Council of Legal Assistance Guaranteed by the State and its territorial offices. review complaints on the assistance provision.07. one is a representative of the Finance Ministry. when a person has no lawyer.12. 25.
Until recent time the key role of the process was dedicated to the Ministry of Justice and. The mentioned Concept of Financing Judicial System stipulates contradictory norms as for the process and engagement of significant number of participants. experts emphasize shortage of human resource potential in the Supreme Council of Magistrate for responsible work. The same procedure applies for appellate chambers. chief judges. Draft legislation is promulgated on the web-site of the Ministry of Justice in order to obtain remarks. Judgeship is occupied according to a relevant appointment by the President of Ukraine following a recommendation of the Supreme Council of Magistrate for 5 year term in case of first appointment and then with following appointment until retirement age (65 years old). A person without practical experience can enter the National Institute of Justice for the basic 18 months training program and become a judge without passing a qualification exam. using the system of three readings. who resides in the country and has law certificate. Human Resources Qualification requirements for a judge are set by the law. able to speak national language. The procedure does not exclude and hinder initiating draft legislation by other authorized parties. A position of a judge can be taken by a legally able citizen of Moldova not younger than 30 years of age. 69 . as a component of the state budget for a relevant year. Chief Judge and Deputy Chief Judge. in 2009 and 2010 the budget was adopted by the Parliament for the first time submitted by the Supreme Council of Magistrate. The Concept of Financing of Judicial System considers as irrational to approve Parliament resolution on the matter.drafting the legislation is scheduled for a year ahead. If it is concerned of judicial system and judge status. the Supreme Judicial Chamber and other judicial bodies is initially subject to be approved by Parliament resolution. objective and transparent criteria for calculating budgets of each court do not exist. A judge of an appellate court is an appointed citizen of Moldova with no less than 6 years of judge work experience and a judge of the Supreme Judicial Chamber must work before at least for 10 years as a judge. Meanwhile. the Supreme Council of Magistrate provides its conclusion on the draft law. it was arranged with the executive branch though. good reputation. Draft legislation is submitted by Government to the Parliament. The budget of the Supreme Council of Magistrate. The system of financial management at courts is irrational. Special procedure applies while drafting the budget for the judicial branch. and has no convictions. comments and recommendations. moreover. to the Finance Ministry. However. A candidacy that applies for a judgeship must have at least 5 years of work in the legal area and pass a qualification exam (oral exam on nine subjects and compose two procedural documents on solving concrete cases). The Concept provides rather clear approach for implementation of effective and long-term mechanism of financing the judicial system. whereas current methods of budget drafting are erroneous. and deputy chief judges. and then. Head of Judicial Collegiate. It also certifies that clear. Deputy Head of Judicial Collegiate.
Judge of the Supreme Judicial Chamber are appointed by the Parliament upon a relevant recommendation of the Supreme Council of Magistrate. According to the Constitutional Court opinion, identical formula should be used for dismissal from the above positions. Furthermore, amendments taken force in 2005 order that in case the President or Parliament deny in appointing recommended candidates the Supreme Council of Magistrate can resubmit the same candidacy based on the voting results of 2/3 of its members. In this case the President and Parliament are obliged to take positive action regarding the appointment. Requirements for persons to become a prosecutor appear to be analogous to the one that apply for judgeship. However, the basic training of prosecutors at the National Institute of Justice is based on different curriculum and appointments are done by the Prosecutor General upon submission of the Supreme Council of Prosecutors. To remind, Prosecutor General is appointed by the Parliament following the recommendation of the Parliament Chairman. A candidate for the position is not obligated to have previous work experience as a prosecutor. The law only states that a suitable person has to have 15 years work professional experience and qualification related to the tasks performed by the prosecutor’s office. Judges and prosecutors have a privilege for permanent education selecting topics out of curricula for not less than 40 hours annually. An attorney in Moldova is a legally able citizen of Moldova with a certificate of accomplished studies in law, unexceptionable reputation, who passed practical internship and qualification exam. The person that has not less than 10-year work experience as a judge or a prosecutor are exempt from passing internship and qualification exam. Despite rather high requirements, the National Development Strategy for 2008-2011 has articulated that qualify of justice is affected by “lack of qualified human resources and incompliance of the judicial system personnel skills to the modern challenges (both among judges and among assisting personnel)”. The Parliament Declaration on Justice Condition and Necessary Measures for Improving the Condition in the sphere as of 30.12.2009 highlights also other problems such as corruption, preconception, malleability of judges to political influence, and low level of basic and permanent training of judges. Experts by vast agree with this assessment and add that it fully applies to the situation with prosecutors. Low level of personnel is explained also by low salary in the sphere. For instance, judges and prosecutors receive 300400 USD per months, the officers of the central bodies on human rights have the monthly salary that amounts 200 USD roughly. Some expert report that most of the judges are so called people from the past, former prosecutors or officers of the interior ministry, who have totally different system of values that do not comply with the one that a judge should have. Selection procedures are not substantially transparent and objective. Specialists in the field argue that predominant number of the students at the National Institute of Justice is children of judges and prosecutors.
MAIN ACHIEVEMENTS AND LESSONS LEARNED Talking about enforced legislation on implementation of judicial reform it is worth mentioning that Moldova has achieved a significant progress (in many cases it goes way further
than Ukraine). However, accomplishment of the decision is not always full, effective and the one that complies with the European standards. 1. The System of initial (basic) and permanent (grounded) training of judges and prosecutors have been established at the National Institute of Justice. Whereas, Ukraine, according to the law “On Judicial System and Status of Judges” as of 7.8.2010, will only start introduction of obligatory training of judges (both initial and permanent). Moreover, administration and conduct of initial training are partially delegated to some educational institutions of the Ministry of Education and Science in addition to the Academy of Judges of Ukraine that are repugnant to European standards. Concerning Moldavian National Institute of Justice, an alternative for passing a training at the Institute or possessing previous work experience in legal field prior to appointment is not always adequate, on our opinion, because work experience in a certain field does not always substitute knowledge and skills that are to be obtained in the process of specialized preparation. Previous work experience in the legal area must not exempt from passing a training, but can influence only the selection of additional curricula and composition of individual program of training. Also it is not justified to free graduated of the Institute from passing a qualification exam. The certificate obtained at the Institute upon the training accomplishment guarantees a judge position. Instead it would be better if the graduates of the Institute would be evaluated by an independent commission that would assure higher objectiveness of evaluation. 2. In general, establishment of the Supreme Council of Magistrate and the Supreme Council of Prosecutors as autonomous bodies can be positively perceived as the entities that provide access to the judicial and prosecutor professions and perform disciplinary and some administrative powers. Nevertheless, taking into account that these institutions include not only judges and prosecutors as members accordingly, they cannot be deemed as the bodies of professional self-organization. Since the bodies of professional self-organization are composed and include representative of the relevant profession. Thus de facto judicial self-government does not exist in Moldova. Furthermore, after the changed made in 2008 and implemented in 2009 only half of the Supreme Council of Magistrate is fixed for judges (similar situation is with the Qualification and Disciplinary Collegiate). The changes were caused by the necessity to combat corruption at judiciary system, but simultaneously they increased opportunities for political influence on the system and judges via members of the above entities who are not judges and are appointed by political organs. Following the European standards such body is to be comprised exclusively with judges or with vast majority of judges elected by their colleagues18. In Ukraine the membership of the Supreme Council of Justice does not also comply with European standards. The main obstacle to correct the situation is the articles of the Constitution. However, law-makers have attempted to solve the above case in 2010 in rather strange way, i.e. subjects for composing the Supreme Council of Justice (which are political bodies and representation bodies of scientists and workers, attorneys, prosecutors and judges) will appoint
See the Opinion of the Consultative Council of European Judges No10 (2007) on “Council for the Judiciary in the Service of Society” // https://wcd.coe.int/ViewDoc.jsp? Ref=CCJE(2007)OP10&Language=lanEnglish&Ver=original&Site=COE&BackColorInternet=FEF2E0&BackColo rIntranet=FEF2E0&BackColorLogged=c3c3c3#P132_11239
certain amount of judges-their representatives in order to guarantee majority of judges among members of the Supreme Council of Justice. Meanwhile European requirements as for electing judges to such a body is to be done by their colleagues (judges) have not been regarded. Moldavian experience of the Supreme Council of Prosecutors functioning has not an analogue in Ukraine. The human resources in Ukraine are practically are supplemented on a competitive basis. 3. Appointment of judges initially for five year term does not follow principles accepted in European countries principles of life-long appointments. Participation of the President and the Parliament in the processes of appointments, career growth and dismissal of judges make the latter dependent on political entities. Even though the changes of 2005 that enacted a right for the Supreme Council of Magistrate to re-nominate a candidacy in case it was denied did not solve partially the issue, however, it had not been solved in full. Final solution of the above problems is not possible without amendments to the Constitution. The same problem exists in Ukraine. 4. The function of court administration is dispersed and not clearly divided between the courts, chief judges, the Supreme Council of Magistrate and the Ministry of Justice with its Department of Court Administration. In case with the Military Court, the Ministry of Defense joins in addition. Chief judges confirmed for the post by the political entities keep large power and opportunities for impact on judges. Unfortunately, computer system that allocates cases is not implemented in a proper way that gives an opportunity for chief judges to continue manipulations with lawsuits further on. Financial provision of courts in both tangible and IT form is not sufficient for executing its functions. Contradictory regulative procedures of budgeting for courts take place too. However preparing budgets of 2009 and 2010 when the Supreme Council of Magistrate has proposed budgets for judicial system was quite a positive experience. Also the Conception of Financing the Judicial System approved by the Parliament on 18.3.2010 was an important step in further progress. For Moldova Ukrainian experience can be interesting in terms of functioning of judge self-government and the regulations of the new Ukrainian law “On Judicial System and Status of Judges” in the part of separation of administrative authorities between the chief judge and the head of the apparatus. The chief judge executes mostly representative role and controls activities of the court. Responsibility for fulfilling court performance is laid out on its head. The State Court Administration coordinates activities of the court heads and it is subordinated to the judge self-government. However, comments on these innovations can be given only after some time, because the law has been just enacted. At the same time, Ukraine could learn from Moldova the experience in the sphere of financial provisions to the court. 5. The status of the Military court, where the judges are staff military officers and its activities are fulfilled by the Ministry of Defense, causes objective doubts in terms of its independence and impartiality. European Court of Human Rights in its rulings against a number of countries including Ukraine has stated violation of the article 6 of the European Convention of
The Ministry provides only licenses after consent of the bar self-government body. In Ukraine the function is still under the state control and delegated to the law enforcement bodies. In fact this move demonopolized execution of courts’ decision in non-criminal cases. some parts of the legislation regulations in terms of criminal justice do not work. Even though new legislation has denied general supervision as the main function of the prosecutor’s office. It is more or less executed only in criminal cases. 9. Ukrainian prosecutor’s office has similar status. 10. Criminal procedural code is construed on European. In Ukraine there is no law on the guaranteed legal assistance. it is generally speaking independent from the Ministry of Justice. but is not used in practice. They are to be liquidated already in 2010. however. For instance the institute of mediation is foreseen by the law. the most vital elements of this control have been remained in place (particularly a right to initiate controls of legal entities. Nevertheless.Human Rights in regard of hearing trials by such type of a court. The President Viktor Yanukovych Administration has announced this as the next step of judicial reform together with the reform of the system of criminal justice. 69 . this entity still remains harshly centralized and hierarchical system with subordination of lower level prosecutors to the higher one up to the Prosecutor General. In order to protect rights of citizens against abuse by the public officials the law on the administrative court has been enforced that introduced administrative justice without creation of administrative court itself. In comparison with the year of 2005 the amount of imprisoned have been decreased by 50 percent thanks to application of the alternative punishment to confinement. 7. Moldova has significant accomplishments in terms of reformation of criminal justice. According to the law on guaranteed state legal assistance a relevant infrastructural provision are created. 6. In spite of declaration of the independence of the prosecutor’s office principle. Moldova has already long term experience of constitutional jurisdiction functioning. to enter their premises and have an access to their documentation etc). Concerning bar profession. Unlike Ukraine. So it far it is still early to evaluate the new rule because the relevant law has recently been enforced. Ukrainian law “On Judicial System and Status of Judges” has rejected existence of military courts. Criminal justice becomes more competitive and as the consequence the amount of acquittal verdicts have arose. but not soviet standards. Alas discussion is held on necessity of the system centralization. The constitutional amendments of 2000 as for the status and powers of the prosecutor office as well as a new edition of the law on prosecutor’s office made closer this body to European standards. even though the law will take full force only in 2012 (as for providing legal assistance in non-criminal litigations). Establishment of the system of self-government bodies can be considered as a positive step. It appears to be worth attention to observe the first steps of Moldova in implementation of judicial executors (law-enforcement) as representatives of a free profession. Obligations of Ukraine towards Council of Europe envisage radical revamp of this component of judicial system. 8.
instead to delegate these powers to the competence of the Supreme Council of Magistrate and the bodies of judicial self-government. In terms of administrative justice Ukraine is far ahead comparing to Moldova. the situation with administrative justice has still serious hinders in Ukraine. is violation of the constitutional power distribution principle and a proof of superiority of political rationality above requirement of the rule of law. The law has considerably narrowed the court control over the legality of acts issued by the authorities. to limit the sphere of activities for the prosecutor’s office to the criminal justice and participation in the non-criminal litigations enumerated by the law cases only. to introduce a person right for constitutional complaint with fixed by the law procedure of its realization. to withdraw political entities in the sphere of law to coordinate issues of judges carrier. which are civil or criminal ones therefore without sufficient and proper system of values to review such type of cases. In particular. and to judicial instances ordered not to review cases on individual legal acts of these bodies in terms of staff issues. It is appears to be repugnant to earlier position of the Constitutional court that has recognized unconstitutional dismissal by the Parliament of the Chairman of the Supreme Judicial Chamber without relevant recommendation of the Supreme Council of Magistrate. apparently aiming to create conditions for conducting staff cleanups at judicial system. Without trust to courts. concepts. Intention to exclude part of government activities from the legal control by courts. appointment of chief judges and their deputies. However. Administrative justice is not strong enough too because the administrative justice is performed by the courts of general jurisdiction. Considering the accomplishment and some drawbacks of Moldova and being aware with Ukrainian experience in implementation of similar reforms it makes possible to conclude the following recommendations. programs and plans developed in Moldova in the sphere of the rule of law as well as in judicial system reform certify high political will of Moldova to solve issues of justice taking into account European standards and in close cooperation with European Union. A person has no way to appeal to the court regarding unconstitutional act which is a gap in the court protection. the Parliament endorsed the law No95 as of 21.Simultaneously the number of parties to appellate to the Constitutional court is limited. For Moldova 1) consider the issue on rationality of amending the Constitution in regard of the following: to substitute time-limited appointment of judges with up-to-retirement age appointment in order to implement the principle of unchangeable judges. RECOMMENDATIONS The strategies. on our opinion. Parliament and Government acts appealed from individuals.5.2010 which banned the Constitutional Court to review cases in terms of unconstitutionality of President. 69 . the Administrative Justice Code has been functioning for 5 years already.
implementation of automatic clerk work and registration of court decisions where Ukraine accumulated certain experience. particularly to introduce separate full-fledged administrative courts. that will be empowered with the authority to control administrative and organizational issues in courts. budget drafting. 4) revise the compound of the Supreme Council of Magistrate and Qualification and Disciplinary Collegiate for the sake of increasing judgeship representation along with reaming certain amount of civil society representatives.2) codify legislation on court administration. appointment of chief judges and their deputies. strengthening of its independence and cancellation of the principle of one-man management. In order to set criteria of court control it is vital to draft and enforce the law (a code) on administrative procedures that will regulate activities of public administration. 7) In the conditions when political rationality is superior to the rule of law it is important to develop the institute of administrative justice. and consideration of other internal matters. Council of Judges. justice and status of judges for integrity and compliance purpose. Organizational and administrative authorities of chief judges are to be delegated to the head of the court apparatus with remaining control function to the chief judge though. 3) introduce special training for future judges and prosecutors at the National Institute of Justice not as an alternative to work experience. 8) reconsider authorities of the prosecutor office by eliminating over supervising functions. The results of the training must be assessed with an assistance of qualification exam (desirable to use anonymous testing) without involvement of the National Institute. protection of judicial independence. The judges of the courts are to be selected not from the current ones. and to limit the powers of the bodes concerning staff related issues. 9) implement mechanisms of damages reimbursement for breaking reasonable terms of trial procedures and non-fulfillment of courts’ decision by the state. 5) establish the system of judicial self-government (Conference of Judges. but as two separate requirements for a candidate for a judge or a prosecutor (work experience can be taken into account in terms of shaping curricula and composing an individual program for training). improving the status of prosecutor office in terms of its demilitarization. While decision making process on internal matters a court should shift the focus from the chief judge to the conference of judges of a respective court. For Ukraine 1) Assist Moldova in development of the system of administrative justice and judicial self-government. conferences of judges at each court). but from those who is familiar with European principles of proper governance. 69 . 6) refuse keeping the Military Court or to deprive its judges from a special status and dependence on the Ministry of Defense.
discussions. drafting of legal acts. 69 . realization of common twinning-projects and etc. prosecutor’s office and legal practicing and to commence guaranteed by the state system of free legal assistance: 3) Monitor progress in Moldova in terms of financing of judicial system and introduction of the system of non-state court decision executors (private law-enforcement). 2) Pay further serious attention to educational events. For European and international community 1) Support civil society organizations in monitoring activities of Moldavian government performance on further accomplishment of judicial reform and implication of European standards.2) Make use of Moldova’s experience in reformation of the criminal justice system. 3) Upheld dialogue between Moldova and Ukraine for positive and negative experience exchange in terms of overcoming mutual challenges and issues in the sphere of rule of law. engagement of experts from both sides to expertise. joint conferences and seminars for the sake of better understanding of European standards in the sphere of rule of law and successful implementation into legislation and practice. particularly via promotion of joint specialized meetings.
(3) and post-Soviet community that speaks Russian and has clearly expressed postcolonial mentality. No doubt. According to this concept building of good governance focused on the development of the state. in the absence of powerful political forces that promote civil platform as opposed to ethnic one.particular people with their own history and culture. between the communities. and the majority of institutional changes are not resolved. These formed “barricade situation”. Moldovan society is divided into several groups: (1) Moldovans consider themselves as Moldovans . discussions on issues of ethno-cultural development replace the discussion on the need for socio-economic changes in the society. The concept of “good governance” has been taken as a basic principle of assessment and analysis of the modern political system of Moldova. Most of the introduced changes are rather formal. Therefore. Good Governance and Reforms in Moldova: a View from Ukraine PROBLEM BACKGROUND This research concentrates on the analysis of Moldova’s decision making process and activities carried out by these decisions. some specific features further complicate the process of adoption and implementation of administrative decisions in this country. However. We have a similar situation in Ukraine. 69 . but most of researches envisage it in the prospect of democratic development. One of the special features is a complicated ethno-social society configuration and consequently doctrinal position of political parties on issues of ethno-cultural development. social and historical heritage is a great burden towards building an open society. the views and voices of the minority are considered and the most vulnerable sectors of society are taken into account heard in decision-making process. institutional and political system of Moldova is still at the stage of transit to democracy. Good governance is also relevant to current and future needs of a democratic society. which consists in formal transiting to democracy and building so-called “ex-display democracy”. It is necessary to make a research of specific segments of the Moldovan political life.Olexandr Starukh. As a result. in the words of one expert. But in both countries such composition is rather weak. In fact. Evaluation below demonstrates a generalized situation of the general quality of governance in Moldova. (2) Moldovans believe that they speak the Romanian language and on historical and cultural identity they are Romanians. General remarks General analysis of the Moldova’s situation shows similarity in development with all post-Soviet countries. where corruption is minimized.
These specific features create problems for building an effective socio-economic system in Moldova. These principles cover: • • • • ethical behavior of all key players in society. a necessary background for the development of sustainable democracy in any country. The level of good governance can be revealed through a number of indicators. Good governance Good governance can be defined as a framework establishing certain principles that ensure proper work of the social organization. transparent policies and accountability.) against medium (Moldova. If comparing to Ukraine. In the absence of consensus on basic social development issues and reforms strategy this problem may become an additional conflict factor. Besides above stated features of Moldova. a pro-European public opinion and at the greater trade and economic dependence from the European Union could be recalled as a positive feature of Moldova’ situation. b) ensuring efficient and effective public services. recognition and observance of certain standards in the public life. It arises from the geopolitical strategy of the former metropolis . The third specific feature is the Transnistrian problem. its accountability and the system of “checks and balances” which guaranties proper work of institutions. and compose the socio-economic basis of the irreversibility reforming of social relations and ideology of such transformations. Most of the Country’s citizens are working in Western countries. The country’s capital acts as a locomotive of economic and political processes and over one-fifth of the population resides there.large (Russia) with small (Transnistria. development. etc. the absence of corruption. sufficient for the entire population.A significant weakness of local elites is another significant feature in Moldova. Local elites often act as the consumers of the state reserve. Ukraine). Among them: а) providing mentioned political transparency and participation (incorporation of votes) of all citizens. there is an intention to change the Constitution leading to imbalance of power. Good governance includes several basic principles that are fundamental for the formation of ‘social capital’. Abkhazia. Georgia. In specifics. Crimea. Good governance is directly related to the sustainable development of democratic society. one should make a few points on the current political situation. 69 .
ignoring a large number of citizens will distort the political map and the balance of political power following national elections. because people there often are working illegally. and simultaneously provides longterm electoral base oriented to changes and strengthening of relations with home country. proper response. In Moldova’s politicum there is an understanding of given situation and a clear will to fix it. increases the responsibility of Moldova’s state institutions. If most of the people are physical concern with survival because minimum existential needs of all members of society are not 69 . including the freedom of association and expression are maintained. but the attempts to change it have had no significant impact and remained only in the discourse of political slogans. This has to be a guarantee of their returning to motherland. At the same time. However this notion may be referred to as partially true. Participation Despite the progress that took place recently. The legalization and legitimization of ‘gastarbeiters’ in the Western countries contributes to their political activity. Based on traditionally accepted eight characteristics of “good governance” we can try to assess the situation in Moldova through such categories: public participation. identical to Ukrainian "Orange Revolution" was an exception. Experts’ explain the weakness of public institutions through citizens’ passivity and unwillingness to participate. Simultaneously. The problem of participation in political and public life in post-Soviet countries largely depends on the economic capabilities of state and society in general. this goal is common both for the EU and the Republic of Moldova. the participation of citizens and civil society directly and through legitimized intermediary institutions is extremely weak. A share of responsibility for solving this problem has to be taken by the European countries using cheap labor force and benefiting from it. or quasi-legally. given that a significant number of nationals are working abroad remains the essential problem. the participation is still insufficient. responsibility (accountability). En outbreak of civil activity in 2009. readiness for consensus. last figure looks somewhat hyperbolized). transparency. Although political freedoms. A similar situation occurs in Ukraine. It should be noted that attempts to organize the vote abroad is quite difficult from the technical point. efficiency and effectiveness. According to Moldovan experts ignoring of votes. equality and account of the interests and correspondence to the rule of law principle. However. d) creating an enabling environment for sustainable economic growth. Thus. because of the lack of sources and time we will not cover all aspects of this multifaceted phenomenon. analysis of the electoral participation in foreign voting districts indicates that the right of will expression is used only by a small part of citizens there. but it was held in openly unconventional form.c) supporting health and welfare of citizens. Their quantity is estimated from several hundred thousand to a million (however. concentrating on its individual components.
Both countries use a close-lists proportional representation in the parliamentary and local elections.supported. The electoral model is one of the key institutional elements that carry negative consequences for the political system. Citizens Participation Index Access Index (component) Moldova 2006 2008 2010 2006 2008 Dynamic from 2010 till 2006 Political Participation № Index name Ukraine 2010 Dynamic from 2010 till 2006 69 . the activity of such institutions as trade unions. The process of introduction the amendments to the Basic Law in Moldova is a clear demonstration of this. State governments use them particularly to legitimize profitable decisions. The public participation in decision making can also be ensured through referendums. At the same time. is a powerful factor in the protection of human rights. Citizens’ participation index was analyzed by the World Bank through the main components: assessment of political freedom (or citizens’ ability to influence into the quality of governance) and political stability (or citizens’ ability to participate in decision-making and continuity of this process). Ignoring the opposition opinion in Parliament representing the majority (in Ukraine). However. it is difficult to require conscious political and public activity from them. Referendums are popular to talk about. but not to determine the position and will of citizens. This turns the entire society into a hostage of politicum and does not promote the governmental responsibility for enhancing the citizens’ interest to participate in decision making process. just as in Ukraine. incidentally. therefore. Conventional activities through letters of request. however it is not a popular form in both our countries. petitions to officials and administrative institutions remain the most common form of participation. were formed in Ukraine. and it has enough of questionable points. or a significant portion of the population (in Moldova’s case) is a striking indication of lack of understanding of the necessity to ensure full citizens’ participation in decision making process. Table #1. In Ukraine the new Law on referendum was passed just in summer of 2010 (previous Law lasted from 1991). but do not to hold. Ukrainian local elections to be held in 2010 within a mixed system. Such institutions. but turned mostly into lobbying mechanisms in the executive branch. which was adapted more to the interests of the ruling party than to the real interests of local communities. The data of Transformation Atlas 2010 are interpreted in Table #1 for the Moldova and Ukraine. Among the organizational forms of citizens’ participation in Moldova experts note the actual absence of such mechanisms as public hearings and public advisory committees.
9 took 109- 69 19 Global Corruption Barometer from 2005 http://www. including minority rights. Ukraine was on 118-122 position with an index of 2.8 7 6 6.1 Free and Transparent Election 2 Power Efficiency 3 Union and Association Right 4 Freedom of Expression Total 1 2 Democratic Institution Equality Democratic Institution 7 7 7 6 6. the last few years Moldova has improved its indexes in this area.8 8 6 Negative 7 7 Absent 8 7 Absent 7 6 Absent 7. Our countries have serious problems in regard of rule of law principle. it could be interested to use Georgia’s transformation experience of reforming law enforcement system. Recent decisions of the Constitutional Court of Moldova were not supported by either government or opposition.8. as Ukraine spent from 10% to 20% of their average income for paying bribes19. However.org. In 2008 Moldova with an index of 2. in Moldova citizens did it at the request of officials. However. We can advise Moldovan officials to avoid negative evaluations of the Constitutional Court decisions.7. According to the Corruption Perception Index "Global Corruption Barometer"-2005 prepared by Transparency International the citizens of Moldova. In Ukraine in the similar situation such comments lead to the erosion of credibility of citizens regarding the constitutional Court. unlike Ukrainians who made a decision to pay a bribe themselves.ru/doc/Barometer_Press_Release_07dec_01000_167.5 Rule of Law The compliance with the Law by all branches of government in the decision-making process is a basic element of democratic society.5 8 7 8 8 7. and not the law of ruling. impartial and uncorrupted police. but also in regards of state power in general.5 8 7 8 8 7.5 6.5 Negative Democratic Institution Stability 4 7 7 Positive 5 7 7 Positive 7 7 Positive 8 7 9 7 7. From all examined countries only the citizens of Cameroon.8 6 7 6. Achievement of such standards is not something extraordinary. In 2007 Moldova ranked 111-117 position in the global corruption rate with the index of 2.transparency. High corruption level is a significant factor that reduces the trust to public institutions.5 Absent Absent Negative Positive Absent Negative Negative Absent Participation Total 4. Good governance formation requires the abidance of judicial legal framework.pdf – С. However. however. In our opinion. taking into consideration more or less successful transformation demonstrated by Central and Eastern European states. Strict implementation of laws requires an independent judiciary.8 7 8 7. This post-Soviet country can be compared with Moldova on size of the territory. Ghana and Nigeria were spending more. they demonstrated the positive tendency of the Constitutional Court to execute the rule of law. developed in Western countries. The rule of law also requires full protection of human rights.4 . population and economy. one can note some positive changes in the context of the rule of law in Moldova.
Just as in Ukraine. as well as to create an appropriate tax legislation involving all citizens and. Ineffective instruments to combat corruption are the main consequences of this situation. a comprehensive manner. there are considerable problems with implementation of these standards.114 rating position. and the information on them is freely available for people.8 7 7 6 8 7 Ukraine 2010 Dynamic from 2010 till 2006 Absent Absent Absent Absent Absent Abuse 4 Civil Rights Total Transparency Transparency means that the decisions are made and entered into force in accordance with procedures prescribed by law and instructions (legislation). The laws being passed are designed to serve the interests of some privileged classes and not for everyone. Commitments to international institutions are usually rather formal by nature. So called “Asian mode of production” stipulating inseparable concept of “government-property” continues to dominate and makes it impossible to divide the government and business. bribes are often considered as service fees. Thus. an institute of private ownership. as well as through mass communication. The need for systemic change is limited to declaration and not actions. 69 . Major problems common in our countries occur due to incomplete formation of the basic democratic institutions. providing a basis for sustainable social and economic development. and Ukraine with an index of 2. Such situation is typical for Ukraine. with anti-corruption laws adopted in 2008. Moldovan experts note that the progress of achievement of European standards is OK. Table # 2.8 5 6 6 7 6 Rule of Law 5 Positive 6 Positive 6 Positive 6 5.5 took 134-137 rating position. consequently. a simplified approach to the concept of corruption exists in Moldova. all the measures taken to conquer this social phenomenon are extremely inefficient. Nevertheless. undelivered by the state. particularly. This trend has not changed even in 2009. Accession of the Rule of Law Guarantee Access Index (component) Moldova 2006 2008 2010 2006 2008 № Index name Dynamic from 2010 till 2006 1 2 3 Distribution of authority Independent Judiciary Public Prosecutions Department 4 4 4 7 4. However. It also means that the information is provided in sufficient quantity. and it is defined entirely in terms of bribery of public officials. particularly.8 Negative Positive 7 7 6 8 7 7 7 5 8 6.
Court practice play special role in ensuring governmental transparency. It turns out. Obviously. Due to the lack of clear vision of long-term reform strategy a government is sometimes not sure on certain issue of social life. The general citizens’ perception of state government in both countries can be characterized as insufficiently effective and transparent. According to it everyone is free to hold. excluding situations when it threats public or private interests. Moldavian experts stress on the passivity of NGOs and individuals during the consideration of draft laws. writing or other way at discretion. Recently an improvement in media has taken place. consider citizens’ appeals and provide the answers to all introduced proposals. that in Moldova there is a specific understanding of the notion of “reasonable period”. or informational channels are not effective. the rejection of the representatives of Prosecutor’s Office to meet with with authors of this article can serve as an illustration of “old” system in process. In any case there is necessity for clear legal control of this problem and development of the effective mechanisms of ensuring transparency in decision making and implementation processes. use and provide information in oral. taken to the account the opportunity to usurp power.Access to the official information is regulated by the relevant Article of the Constitution of the Republic of Moldova. it relates to its pluralism: number of independent channels. 10 years . These issues require a clear legislative regulation with the definition of a deadline. This may be perceived as another obstacle to governmental transparency. However. which already have positive features and provide competition in the information field in the country. The proper response and focus on consensus One of the criteria of good governance requires that all institutions and predicted procedures are stipulated by trying to satisfy everyone in a reasonable period of time. A practice of fixing state funding for sustainable % on the needs of the judicial system could be a positive experience for Ukraine. collect. particularly. the experts could not name the owners of such media that makes it impossible to confirm that quantitative changes will develop into quality. The system of electronic accountability for court decisions is necessary to introduce in the judicial system. governmental authority is responsible to provide the information on such issue to the public. 69 . Problem of the announcement of the date of parliamentary elections in case of failure to elect the Head of State has the constitutional norm of “reasonable time” of their notice. but 52. This probably as the same logic as understanding of “half” of the parliament being not 51 of 101 members. Simultaneously. Occasionally. All governmental bodies should announce on the process of revision of draft laws.each party of the debate understands on its own. how long is “reasonable” – a month. This situation can be interpreted from several positions: either the draft laws are not important to the community. The power system is a symbiosis of old post-Soviet forms and the elements of modern principles. It would not be difficult to achieve given the quantitative composition of the judicial system of the Republic of Moldova. which had been progovernment for a long time. a year. were added to two national channels.
4 points was ranked #162 between Liberia and Togo. ex –ruling political force begins to complain about violations of opposition rights. while the principle is confessed – “the winner-takes-it-all”. They drew attention to the pressure for political reasons and non-admission to state media. Practically. and dialogue of power and the opposition does not exist as such. Consequently. we should note that in a period of the communist government the situation in Moldova was not better. It is characterized as 69 . and is characterized as “no longer free”. we primarily concentrate on the economic capacity of the country. Based on the above states there is detachment of different ethnic and cultural groups of Moldovan society and the absence of powerful political forces that advocate liberal civic platform. though it is persuasive evidence of low political culture of political actors. Good governance means that all the procedures and institutions act in accordance with the needs of society and efficient use of available resources. This situation needs to be reviewed and requires both political will of the ruling elite and the institutional consolidation of the opposition's rights for complete consideration of different points of view. efficiency and effectiveness The state has to ensure a dignified life for every citizen. There is also radio frequency wave deprivation of the oppositional channels and there is no reaction of European structures regarding this matter.2). Ukraine’s index of 46.7 points between India and Papua New Guinea. There is a specific logic behind this assumption. According to The Heritage Foundation & The Wall Street Journal in 2010. Talking of the achievement in this direction.Logic of making decisions serving the ruling cohort rather than society as a whole is the common feature for Moldova and Ukraine. On behalf of fairness. this is weak argument. It demonstrates a negative trend over the last year (-1. The level of economic freedom in both countries remains rather low. When there is a change of political tones and the circulation of the elites.4) in comparison with Moldova. The ruling majority rejects the adoption Law on opposition highlighting the rights of political minority. Moldova was ranked #125 among 183 countries with the index of 53. In a situation when hundreds of thousands of citizens are forced to make a living outside of the state does not need superfluous comments. the interests of the opposition are not taken into account. has the worst rate in Europe and demonstrated double negative trend (-2. when the majority becomes the minority. the Moldavian communist party did not attend the parliamentary sessions from March through September 2010. The agenda is being formed at the last moment. Equality and the interests. It should be noted that Ukrainian situation is similar to one in Moldova. Representatives of the Moldovan opposition stated that the current parliament does not give them an ability speak-up and their opinion does not count. However. No doubt there is a need of monitoring the informational field of Moldova by the relevant public institutions on the qualitative representation of opposition in the media.
as well as private sector and civil society organizations should be responsible 20 69 http://www. In Moldova.heritage. and adequacy to the interests of citizens and budgetary costs of resolving social problems. The feedback and full information are not stated as a priority. as well as the implementation of real affirmation of the citizen’s right for access to all possible documents are poorly widespread. In this regard we can recall recent positive developments in Moldova. It is enough to monitor websites of the official institutions. Responsibility (accountability) is a key condition for good governance. On the one hand it supports a transparent government. An important part of ensuring accountability is the legal regulation of its forms and methods.“repressive”20. and in Moldova it is below the level since 2003. Responsibility (accountability) Accountability of the state in front of every single citizen is an essential feature of good governance. here the basic forms of self-organization of local communities are absent as well. An access to information on all state programs and agencies is provided. The budget-formation process and the issue of accessibility to court decisions are also on agenda. It is enough to evaluate the number administrative sanctions introduces to the violators and the number of politicians not reelected in a result of non-accomplishment of promises given. on the contrary. In general. given the high degree of centralization.org/Index/Country/Ukraine . An important part of ensuring accountability and transparency in government is the institution of ombudsman.its accountability and the ability for the public control. It is difficult to say whether this affects the entrusted tasks and efficiency of the institution. programs and actions taken by the government. Free media is one of the most effective means for monitoring the government. The specified rate in Ukraine was deteriorating every year since 2005. accountability is the protection mechanism from the abuse of the state. Practice of reporting to the general local community meetings. This is the reason for creation of a Public Relations Division. the purpose of these bodies is solely to promote the topleadership and individual officials. unlike in Ukraine. fixing strict sanctions for the failure of the assigned duties. In general. on the other hand . It is clear that in countries with recent authoritarian heritage. historical traditions of the relevant institutions controlling the government are absent. condition of the fair decisions. In stable democracies elected officials concentrate their efforts at publicizing their activities. However. the current government system. In Ukraine. Its primary purpose is to present the information about the plans. where there is one ombudsman. for the persuasion in the absence of this information. provides a low level of accountability. especially on the local level. and their lasting introduction is rather formal by nature. this function is distributed among several actors. Governmental institutions.
2. especially the executive branch. . Who is responsible and for whom? It depends on the implemented decisions or actions. was aimed to change the functioning of public administration. and principles of their operation. However. which is apparently the easiest task for the government seeking change. In December 2004. 2005] // Monitorul Oficial al Republicii Moldova. given its over-regulation.# 5-12 69 22 On Approval of Central Public Governance of the Republic of Moldova Reform Strategy [Text]: [Decision of the Government of the Republic of Moldova # 1402 from December. the system of power distribution. All above stated is complemented by the lack of a sober vision of the entire situation. –January. including administrative changes.2006. in Moldova the Law approving Strategy for Economic Growth and Poverty Reduction (2004-2006)21 was adopted. – January. excessive interference in business and other features. The main task to be realized through a set of reforms.# 1-4 .European Union was signed in Brussels establishing the strategic objectives for 2005-2007. Administrative-and-command system should be removed. Specific document underlining the conduct of reform was adopted by the Government in December 2005. the reforms appear like a distant dream. In February 2005 in an Action Plan the Republic of Moldova . 2005. An ambitious goal to incorporate European standards22 into forms and methods of administration was set up. It should be emphasized that the intention of reforming of the governmental institution is a popular thesis of any post-Soviet government. Analyzing the process of administrative reform in Moldova we have visual confirmation of the thesis that the ‘mountain gives birth to a mouse’. 30. In our view. given the typical habit of the state apparatus to say “yes!” to any reform and ignoring its actual implementation. 21 Economic Growth Support and Poverty Reduction Strategy (2004-2006) [Text]: [Law of MR: adopted by the Parliament of fifteen convocation # 398 from December. 2004 ]. 6 . Responsibility (accountability) cannot be employed without transparency and the rule of law. this approach is doomed to failure. 14 . Administrative reform Administrative reform is an important part in achieving the objectives of good governance. organization or institution is responsible (accountable) to those who are related to its decisions or actions.// Monitorul Oficial al Republicii Moldova. European experts do not give up their hopes that sooner or later due to links with partners in various EU countries different officials of the post-Soviet area will follow the European model of actions. if one analyzes the actual steps of transformation.(accountable) to the public and institutionalized representation. whether they are internal or external. and whether they are related to organizations or institutions. The common feature of ‘new’ governments in both countries is the declaration of ‘global’ reforms contrasting with small-scale changes that should actually set the foundation for larger institutional transformations. In general.
according to the Law on Governmental structure (Article 24) consists of the members of 16 ministries and 8 different agencies. However. of course. as in Ukraine. However. 21. sources funding and the deadlines were practically absent. However.The reform was not completed. improving public finance management and the introduction of new content of the regulatory process of public administration. One of the program priorities is defined as increase of the management quality through the reform of central public authorities. transparent and effective use of public finances and fight against corruption. In December 2007 the Moldovan parliament approved the National Development Strategy 2008-201123. groups and governmental bodies were formed.# 18-20 24 Progress and integration [Text]: action program of the government of the republic of Moldova // Chisinau observer. 29 . It should be noted that in Ukraine both administrative and territorial reforms had been proclaimed from the first years of independence. 23 69 On Approval of National Development Strategy on 2008-2011 [Law of Parliament of sixteen convocation # 295 from December. systematic change in this field did not occur. Human resources All recent governments of Moldova declared improvement of human capital as an integral part of changes. . 2007] // Monitorul Oficial al Republicii Moldova. 3 . includes the representatives of central and local governments. no one of Moldovan experts confirmed the success of this process. “Central authorities” category. in which main goal was announced in a way: to create conditions to improve quality of life by ensuring sustainable economic growth. Various commissions. bureaus and services. The category of public servants. – January. improving human resources management. Discussion of basic terms and concepts of reform took place for several times within three years. However. The global financial crisis that began in the year of strategic implementation. The action plan was adopted by the Government in 2008. in Moldova the main objective of reforming central public administration that was foreseen to realize through institutional restructuring. streamlining of the decision-making process. .2008. mechanisms.2008. Similarly. Such changes are not possible without a transformation of specialized training system and educational system in general. – April. following the resignation of Vasile Tarlev government in March 2008 its new leader Zinaida Greceanîi introduced the governmental program “Progress and Integration” 24. The Government reported on the success: new forecasting and planning departments were formed issuing a well planned systematic work. Decentralized representatives are members of the staff of local governments and territorial divisions of the executive authorities and administrations. questioned the effectiveness of the major strategic goal.
we can note the specific actions of local focus: • • • an implementation of staff list approval procedures according to the status of each position.the result was the same. The wage increase leads to the intensification of work only in the short term. or 88. the strategy for the reduction continued and on April 1. In 2010. Among the positive features of the transformation that are in progress in recent times. The increase may be explained by the reform of administrative and territorial division in 2000-2002. In Ukraine there is good experience of the competitive selection and quality assessment of civil servants. 2010 limited number of staff amounted to 2441 units. but the greatest burden rests on the lower tier. 69 25 Here and further is about personnel policy according to data of Department of Personnel Policy of Nation Chancery of the Republic of Moldova: «Report about provision of Law on State Office and Status of State Officer (January-March. including 2161. However. 6% replacement. it is implemented rather formally as can be judged from reports. Over the past 5 years the relationship between CBEP (Central Body of Executive Power) and OIV (International Organization of Vine and Wine) hardly changed. Proper attention is being paid to training of civil servants. when the number of employees increased from 14 309 to 20 400.4% of GDP. given to the rules of legislation. development and approval of job descriptions (only question remaining is the informal approach). Their maintenance cost during 2009 was equal to 1. as it is done in Poland or in France. 63% of them work in the central office and 37% . Interestingly. Some changes in the central executive bodies occurred in 2004-2006 when the number of staff decreased from 4313 to 2609. preoccupation with the reduction as such will not lead to qualitative changes in the system of governance. and funding remains unchanged . Clear state order and contract with a guaranteed place of employment.There are about 21 thousand employees in the state government. during this period more senior positions replaced than the executive.4 billion lei and was spent from the state budget. wider implementation of vacant posts replacement on a competitive basis (but mostly for executive positions). 2010 )// Raport-Lege158-trim1-2010%20Final_RU . During the years of reforming central authorities (from 2004 to 2008) the number of positions remained virtually unchanged in the central office and ranged from 20 649 in 2005 to 20 836 in 2009. It is 2.9% of GDP is annually spent on the maintenance of public employees. E-form and testing could improve quality control. However. In total 11. Simultaneously. because primarily local authorities should provide service to the citizens. which is never checked by anyone in fact. The basic costs are allocated to ministries and other central executive authorities. Own experience allows to indicate the next fact: when the unit was up to half (!) vacant positions. Many students in Ukraine do not build their career in the field of their specialization.in the local25 offices. there is always a "fallback" to avoid the following procedures: training for the appointment and formality of the evaluation by the leader.
• for further improvement of the legal base it is necessary to continue streamlining of the legislative framework that govern the definition and clarification of the role of political and administrative actors and their increasing of responsibilities as for administrative environment. as catching up with private sector in most democratic countries is not possible. Special prestige of public service does not occur because the level of wages there are lower than in the private sector. such measures are dictated by financial crisis and the IMF requirements but not by the wish to organize government in accordance to the functional purpose and the services they provide to citizens. 69 • continue improvement of human capital quality. financed from the state budget and perform public functions. This should break the old system paternalist-andcliental relations. it seems that the expansion of political positions. Indeed. the time allotted for the formation of an electronic system “Registration of the civil position and civil servants” (2011-2012). to consider equalizing the rights of all employees. as well as a number of other issues have not been addressed. The problem of power centralization at the highest level and concentration of resources. The last year introduction of strategic and institutional plans of the ministries. internal audit. In Ukraine. The planned abolition of bonuses for seniority will not solve the problem of incorporation and maintaining the public service. This would optimize the cost of maintaining the staff providing such kind of the services. according to Moldovan experts. Some basic tasks were not met. based on a clear division of functions and responsibilities should be continued. not taken to the consideration other government officials and bureaucrats. for example over the past five years appropriate increase of salaries in some stages was implemented. and the principle of political expediency. Although the government is planning to increase salaries up to 70% to the level of average private sector wage as even the head of government. external competitiveness of the public sector. including the introduction of the post of deputy minister. were caused by the wish to “clean” ranks of power. but not many people were counted. Even a cursory analysis shows that administrative reform is not driven by the logic of systemic change but the logic of political expediency. if tasks. Of course it will go beyond the administrative reform and will require careful analysis of the budget capacity to provide such transformation. given the number of civil servants.The activities aimed at creating the administration. but even a new level of wage does not solve the problems of the public sector in compare with private. or their terms are unreasonably stretched. Reform of the work compensation system in order to achieve internal equity. has somewhat improved a central apparatus: • the opportunity to approach the status of state employees for everyone paid from the state budget should be considered. was somewhat exaggerated. caused by external or internal factors. In 2010 reduced cost per unit is scheduled. However. is extremely low. Thus goal is rather ambitious. . In particular.
Transparency in governmental activities should be increased.• adopt the system of the training and education for the real needs of recipients and priorities of the development. fiscal. As the change of territorial composition looks problematic. Anyways. incentives of a financial nature of public officials requires decent improvement. As a result . RECOMENDATIONS According to the territorial composition of the state. The next stages of the allocation of financial assistance for the support of changes should be severely dependable from the implementation of the previously declared task. The main drawbacks of territorial organization system of power in the Republic of Moldova are: • irregularity and heterogeneity of administrative units. A “gift” is a mean losing everything. . etc. For this reason orientation is not to change the quality of services but to implement certain projects. Lack of homogenous territorial-administrative field complicates the process of adoption and implementation of relevant decisions and implementation of system changes. including the absence of capital city status. This is unfortunately not a characterizing feature of the system of international donors. neutralizes negative impact on the independence and effectiveness of public service. Speaking of the low level of professionalism of civil servants in post-Soviet space. where the main project component dominates. which are formed based on an objective assessment of quality of work. we should take into consideration the possibility of heterogeneity compensation by the background preparation for such changes in other areas: tax. It should be clear that reform in this sphere is a technical challenge and requires a tight control for development of new skills and working style. as a consequence imperfection of the existing system of administrative-territorial structure. such small-scale and specific actions are also required. 69 • lack of homogenous basic level . Impeccable service is rewarded. The division of political and administrative positions is welcomed as an essential step towards creating a professional civil service. In this context. Introduction of mechanisms for fair and impartial wages. and seems to be "vinaigrette" created by the logic of political struggle and elite agreements. Retirement is affected by the quality of work and compliance. Moldova is not substantially different from the post-Soviet time. the system of salaries.the community. One should not forget about the reverse side – a practice is often contrary to the law and effective mechanisms of the protective rights for civil servants are not available. At the same time they should be focused on more global transformations and be combined by the logic to improve service delivery. budget. we must firstly question the conditions that are provided by the government and society.the territory is without the status.
• to develop a regional development strategy. most local governments do not have the financial and human resources to stop these dangerous tendencies. Like in Ukraine this situation is determined by an outdated ideas about the role and place of the institution of local government in the process of power implementation in the state. • to base a change of government on functional principle . can be described as follows: • improving the quality of public services that is at low level now. lack of economic potential in most areas to implement the tasks entrusted by the Constitution and laws of the Republic of Moldova. but in the absence of real economic capacity to finance minimum requirements: most local communities cannot provide basic services. • overcoming the catastrophic difference in socio-economic development of different regions. taking into account the alignment of socio-economic situation and improving service provision quality. formed by cooptation of the deputies through the closed lists. placed on the agenda. Useful experience for changes may be driven from the Polish experience of conduction of administrative-territorial reform and the experience of Baltic countries in building local government system. Keeping the status quo on the local level can bury any reform at the national level. It is not so much in the legislative framework (in Ukraine there is a part in the Basic Law. For the solution of problems it is needed: • to discuss the advisability of amendments to electoral legislation in the part about the model of local representative bodies. As a result citizens migrate to the capital city or seek work abroad. Today the central government influence on the local elites is minimal. to overcome their alienation from the government and to stimulate economic and social development areas. Local communities are degradating.• there is economic failure to meet the rights and interests of citizens. and therefore build a system of government. According to Moldovan experts. • overcoming the excessive politicization of local government. Priorities. and in Moldova it is in passing). the imperfection of intergovernmental fiscal relations. 69 .to calculate the necessary services that provide the basic needs of citizens.
The protection and empowering of the bodies of local and regional government. equal. As a rule. resulting in division of powers among the territorial levels of government26. local self governments is one of the key directions of activities of Council of Europe and other international organization. and secondly – because of the differentiation of the public government. The main positions of the Charter are the following: • • local authorities are one of the main foundations of any democratic regime. European Charter of Local Self-Government (1985) is an example for the development of legal relations in LSG sphere. The notion of ‘local’ is used for the small scale territories and communities. it is as well possible on any sub-national level. Olga Zelinska. city and village self-governance.Nataliya Strelchuk. universal suffrage. Turovskyy defines self government as an elected sub-national government that has autonomy from the state government and certain competence. . Usually it is regional.F. Modern science contains the various scientific approaches towards the examining of local self government and a wide spectrum of its definition. Reforming Local Self Government in Moldova: Main Achievements and Recommendations PROBLEM BACKGROUND Local self government is not only one of the most important political institutions. In the countries with the small territory the notions of ‘local’ and ‘regional’ are often mixed. which causes the need to implement them with the local resources. this right shall be exercised by councils or assemblies composed of members freely elected by secret ballot on the basis of direct. 2006. the most compact and highly interrelated ones. and which may possess executive organs • 69 26 Turovskyy R. The number of sub-national levels in the different states may vary. political geography (‘center-periphery’ relationships). because of partial miscorrelation of local interests with the state and regional. The need in self governance is being determined by the two reasons: firstly. state of political culture and horizontal social connections within the society. The influence and credibility of local self government authorities reflect the degree of democratization of the existing political regime. Center and regions: the problem of political relations. local level is the level of settlements and other highly compact conglomerations. any functions and activities which are deemed incompatible with the holding of local elective office shall be determined by statute or fundamental legal principles. but also the featuring factor of the democratic development and civil society. The level of development of LSG depends to a great extend upon the historic development of the state.
to regulate and manage a substantial share of public affairs under their own responsibility and in the interests of the local population.int/Treaty/Commun/QueVoulezVous. so the reforming of local self government is directly connected with the empowering of the statehood and maintaining the territorial unity. • • • • • • 69 The researchers from various countries increasingly pay attention to the analysis of national models of local self government while developing the concepts of decentralization and deconcentration of powers. Any administrative supervision of the activities of the local authorities shall normally aim only at ensuring compliance with the law and with constitutional principles. The local self government policy is highly dependent on political and economic transformation. • local self-government denotes the right and the ability of local authorities. However. However.responsible to them. powers given to local authorities shall normally be full and exclusive.asp?NT=122&CM=2&DF=2/15/2009&CL=RUS] . despite the active study of recent development of local self governance (LSG) in European countries. to adequate financial resources of their own. the protection of financially weaker local authorities calls for the institution of financial equalization procedures27. by those authorities which are closest to the citizen. 27 European Charter of Local Self-Government. public responsibilities shall generally be exercised. Moldova has two ‘problematic’ regions – Gagauzia and Transdnistria. in preference. They may not be undermined or limited by another. this provision shall not prevent the attribution to local authorities of powers and responsibilities for specific purposes in accordance with the law. the basic powers and responsibilities of local authorities shall be prescribed by the constitution or by statute. any administrative supervision of local authorities may only be exercised according to such procedures and in such cases as are provided for by the constitution or by statute. authority except as provided for by the law. referendums or any other form of direct citizen participation where it is permitted by statute. within national economic policy. local authorities' financial resources shall be commensurate with the responsibilities provided for by the constitution and the law.coe. as well as on the state of interethnic relations. within the limits of the law. This provision shall in no way affect recourse to assemblies of citizens. central or regional. local authorities shall be entitled. of which they may dispose freely within the framework of their powers. the publications analyzing the reforms on this sphere in former USSR and SFRY countries are rare. [available at http://conventions.
According to the article 109 of the Constitution.94// Monitorul Oficial N 3-4 as of 14. acting in accordance with the Constitution of the Republic of Moldova in the political. In Moldova the example of Gagauzia demonstrates the existence of two systems of public authorities and two legal bases. The Constitution of the Republic of Moldova from 1994 had secured the unity of the state and the main principles of local public administration (Article 109): the principle for local autonomy. towns and villages. According to the Law on the special judicial status of Gagauzia as of 1994 “in case of status change of the Republic of Moldova as an independent state. 69 28 Constitution of the Republic of Moldova// Monitorul Oficial Nr. consultations with the citizens on the most important questions of local significance28. The enforcement of the principles described above may not detract from the unitary character of the State (Article 109. paragraph 1). Gagauzia (Gagauz Yeri) – an autonomous-territorial unit (ATU) within the structure of the Republic of Moldova.1995 . In this case what to do with the right for ‘an external self-determination’ in case of country’s transition to federal composition? In the unitary countries the status of administrative unit is equally applicable to all ATUs considering their level. Certain towns may under the law be declared municipalities. The concept of autonomy encompasses both the organization and functioning of local public administration.1994 29 Law on Special Legal Status of Gagauzia (Gaguz Yeri) N 344-XIII as of 23. From the administrative point of view the territory of the Republic of Moldova is structures in districts. the execution of the local autonomy principle may not detract from the unitary character of the State. The places on the left bank of the Nistru river… may be granted special forms of autonomy according to special provision of organic law (Article 111. As a result. paragraph 3). paragraph 2). Gagauz ATU has its own representative and executive authorities acting in accordance to the Law. with a special legal status expressing the self-determination of the Gagauz people. electoral basis for local public administration. It often becomes a subject for political manipulation of various political forces. The determination of the local autonomy and decentralization principles in the Constitutions had changed the relations between central and local authorities. since proclamation of independence the Republic of Moldova (RM) is in the state of ‘permanent reforming’. as before they had traditional for the soviet times relations or ‘care and subordination’. 1 as of 18. decentralization of the public services.FEASIBILITY ASSESMENT Legal base As most of the researchers admit. Article 110 of the Constitution determined administrative-territorial organization of the country. people of Gagauzia have a right for an external self-determination”. economic and cultural spheres in the interest of the people29.08. The article 111 of the Constitution is also dedicated to the status of Gagauzia.01. Gagauz Yeri is an autonomous territorial unit and indispensable part of the RM. as well as the management of the communities represented by that administration (Article 109.12.
Law on budget system and budget process.2006// Monitorul Oficial N 32-35/116 as of 09.750 as of 06. and decentralization is the system that requires autonomy”31. As of today a new reading of this law from 2006 is in power 32. The Constitutional court had admitted that the leaders of local public administration bodies cannot be appointed or dismissed from their position by central government.11.1995 32 Law on local public administration N 436-XVI as of 28. However. legality and cooperation in solving common problems (Article 113. Among them the Law on Administrative and Territorial composition. The interrelationships of public authorities are based on the principles of autonomy. In 1997 the Parliament of the Republic of Moldova ratified the European Charter of Local Self Government. In 1998 the Law on Local Public Administration was adopted. the lawmakers were not always consecutive and the question of local self government in Moldova was brought up to the Constitutional Court for several times. paragraph 3). as well as their powers and competences shall be established by law. paragraph 2).Article 112 of the Moldova’s Constitution (paragraph 1) states that at village and town level the public administration authorities through which local autonomy is executed are represented by the elected local councils and prymars (mayors). The national legislature of Moldova contains a set of Laws determining the principles of local self government in the country. The Decision of the Constitutional court from 1995 was about the norm of appointment of the leaders of local self government by President and suggested by central government in cases if on the rerun elections to these bodies less than half of registered voters shows up. One should separately distinguish the Law on special status of Gagauzia as of December 1994 and Law on the basic provisions of the special legal status of the localities from the left bank of Nistru River as of June 2005. Land Code.asp?NT=122&CM=2&DF=2/15/2009&CL=RUS] 31 69 The Decision of the Constitutional court on checking a number of provisions of the Law on Local Elections and Law on Local Public Administration Nr. Paragraph 2 of this Article states that primars operate under the law as autonomous administrative authorities and are assigned the task of solving public affairs in villages and towns. Law on local taxation.coe. according to the Article 113 of the Constitution. etc. coordinate the activity of the village and town councils to achieve public service at a district level.03.2007 . Article 1 of the Law determines the usage of the main concepts: 30 European Charter of Local Self-Government.95 // Monitorul Oficial N 65-66/750 as of 24. the Law on local public finances. [available at http://conventions. The district councils are to be elected and function in accordance to the law (Article 113. but have to be elected by the citizens of administrative-and-territorial entities. The ways of electing local councils and primars. The district councils.12. Law on the Statute of local council. and in 2003 a number of amendments was introduced to it.int/Treaty/Commun/QueVoulezVous. “The autonomy of local public authority consists of the right of ATUs to meet their own interests without the central government which leads to the administrative decentralization: autonomy is the right.11. The Charter established “the right of the citizen to participate in state affairs as the main priority of the Council of Europe… this right can be directly implemented on the local level”30.
the internal audit – a service implemented by the legitimate public authority of the first or second level for ensuring the constant internal monitoring. bodies of public administration of the second level – a unity of public authorities created on the territory of certain district. • • • • • • • Paragraph 1 of the Article 3 of the Law determined the main principled of local public administration: local autonomy. Chisinau municipality.a unity of local bodies of public administration.a functional body assisting primar in execution of his direct competences. primarie . created and functioning on the territory of the village (communes). decentralization of the public services. local council – a representative and legitimate body of the citizens of administrative-and-territorial unit of the first or second level. created in accordance to the law for the protection of common interests of the people living in administrative-and-territorial unit. this service is characterized by the organizational independence and participation in the discussion of the important problems of the respective institution. autonomous territorial units with the special status for the protection of the interests and resolving the problems of the respective territorial unit. have a right to initiate anything concerning the administration of local public finances. direct vote and secret ballot. the administration of the head of the district – a functional body assisting the head of the district in execution of his/her competences. elected for the resolution of local problems.• • local community . managing and financial spheres. local public administration . equal. primar –the representative authority of the people of administrative-andterritorial unit and executive body of the local council. the head of the district – an executive body of the district council. primars and heads of the districts act as independent power authorities and manage the . evaluation and control of all activities executed.a unity of citizens of an administrative-and-territorial unit. elected on the basis of universal. town (municipality) for the protection of the interests and resolving of the problems of local communities. bodies of local public administration of the first level – a unity of public authorities. organizational. paragraph 2). 69 Article 6 determines the relations between the public authorities. Local and district councils. They execute their authority on the assigned territory in accordance to the law (Article 3. Bodies of local public administration are autonomous in decision-making. electivity of the local public authorities and holding the consultations with citizens on the important issues of local importance.
Taking into account the norms of the Constitution (Articles 72 and 109).11. legitimacy. In theory. as the primar is at the same time representative and executive body according to the Article 5 of the Law on local public administration (Articles 29 and 32).1995 . the law does not determine the financing scheme for the educational institutions – weather by the central public administration bodies. reorganized and closed down by the Department of education in the administrative-and-territorial entity of the second level. The proclamation of the European Integration as the main priority had turned the local self government into one of the main steps in country ‘europeization’ effort. that practically there are the two by-laws of the Moldova’s central government. in accordance to the law. the Executive and the Judicial Powers are separate and cooperate in the exercise of their prerogatives in accordance with the provisions of the Constitution”. for example. to create and close down the social services (institutions). Moreover. towns (municipalities) and districts in accordance to the law.1995// Monitorul Oficial N 62-63 as of 09. establishing the structure and typical statues of the LGS bodies of the first and the second levels. the bodies of LSG have to have an opportunity to determine independently the inner structure of administration with consideration of the specific needs of local community to ensure the most efficient government. Among these there are social protection. as well as the Article 6 of European Charter of Local Self Government. but established the mandatory norms . including minimal and maximum number of staff members based on the consultations with local communities. etc. limiting the local autonomy to a great extent. In Moldova. Relations between central and local authorities base on the principles of autonomy. However. 69 33 EU-Moldova Action Plan [available at http://ec. this does not apply to the first level of authorities. and determine their financing. education. The level of self governance in the democratic countries is measures by the clearly stated competences of the local authorities in comparison with the other bodies of state government and their fiscal autonomy states in the legislation. Also. or partially by the local public administration authorities. transparency and cooperation in resolving of the common problems. culture.pdf] 34 Law on Education N 547 as of 21.eu/world/enp/pdf/action_plans/moldova_enp_ap_final_en. according to the Law on Education (Article 40) as of 21 st of June 1995 the bodies of school and pre-school education may be created. The researchers note. Institutional capacity Article 6 “Separation and Cooperation of Powers” of the Constitution of RM states that “The Legislative. it should be determined as a result of the consultations with local communities.07. The local authorities have to.common problems of communes (villages). However. according to the Law on local public administration all administrative-and-territorial units are granted with the ‘own’ competences and ‘the powers delegated by the state’ (Articles 10-14).europa. the government had not adopted the structure of typical local authority. and other educational institutions – by the Ministry for Education of the RM34. The EU-Moldova Action Plan for 2005-2007 contained the actions on reforming the system of government on the central and local levels33.
when central and local authorities contradict. according to the law. according to recommendations of the Congress of Local and Regional Authorities of the Council of Europe a Ministry of Local Public Administration was established.11. the acting legislation should clearly divide the competences of government bodies on local and central levels accordingly to the best interest of town (municipality) and village (commune) communities.11. in contrary to enforced ‘top-bottom’ strategy. The function of coordination of LSG reforms in the Republic of Moldova is performed by the central government. with the population of less than 2500 people. The careful consideration should be granted to the powers of autonomous administrative entities and the municipality of Chisinau. MAIN ACHIEVEMENTS AND LESSONS LEARNED In general. its structure and maximum quantity N 657 as of 06.2009 // Monitorul Oficial N 162/724 as of 10. The current coalition government (Alliance for European Integration) had assigned the coordination of decentralization process to the Department of local public administration. during the independence years Moldova had undergone the process of ’deconstruction’ of soviet period models and development of the brand new ones. despite all adopted amendments the system of full fiscal decentralization was not yet formed in Moldova. has to have 4 staff people. Securing this principle is crucial for ensuring subsidiary local services. Despite the strived to adjust the legislature of Moldova to the European standards and norms in this field there still are some situations. The joint position. As a result. the central government might review and option of creation of a separate body to coordinate the process of centralization and implement different programs in this field. that the local government does not have a well-coordinated position in the dialog with central authorities or European institutions. and plays more administrative role without the deep inclusion in decentralization process. could reflect the interests of local communities in more effective manner. The dissolution of the Ministry caused a lot of turbulence among the primaria representatives. In democratic European states a multi-level budgetary system is resulting from the compromise of center and regions.2009 .The primeria of one village. Numerous associations or primars have rather declarative character and articulate the position of the certain political party by supporting or rejecting the suggested course of the reforms. This body had to perform as a moderator between the central government and local authorities. Striving for this. This human resources composition is a significant obstacle for efficient performance of local power authorities. developed by villages (communes) and towns (municipalities). responsible for 20 different policy directions. efficient management system and increasing the effectiveness of local authorities’ performance. Under the previous communist government for the coordination of decentralization activities. Fiscal decentralization reflects the separation of the government functions between central and local authorities regarding managing revenues and 35 69 The Decision on establishing the Provision on Organization and Functioning of the State Chancellery. This institution is a part of the State Chancellery35. However. It is important to note.
The state government establishes the list of delegated responsibilities and corresponding transfers to local authorities. It clearly establishes the responsibilities of Chisinau Municipal Council (CMC). The amount of local finances is not corresponding with the amount of duties of local self government body. many of the statements are overdated and do not correspond with other acting laws and decisions on LSG. In order to increase it the changes to legislature have to be done first. Article 110 of the Constitution of RM states that the activities of local public administration of Chisinau municipality are to be regulated by an organic law.12. [available at http://point. Specifically. the number of important legislature was not adopted yet. However.doc] 38 Legal act On status of Chisinau municipality includes the cut down of local administration responsibilities.2003// Monitorul Oficial N 248-253/996 as of 19. their distribution and redistribution. That is why in 2008 the new reading of the Law on Chisinau Municipality was adopted 38. the basis for activities of the head of the council and regulates the relations between different parties. there is the number of legislation gaps. Among these . the base for local communities’ income is extremely scant.md/News/Read. The adoption of the legal act on local public finances of the Republic of Moldova in 2010 had caused a lot of turbulence on the side of local governments.expenditures to the relative budgets. Often these transfers are used as a mechanism of hidden pressure. the reading of the law as of 2003 remains in power36. However. This document determines the relations between sectoral councils and sectoral primaries. because the criteria and quality of the delegated duties execution are also determined by central government. 36 Law on local public finances N 397-XV as of16. The draft law had established the principle of financing in accordance to the number of people living in the settlement. The previous legislature stated that the appointment of praetors and heads of the departments was coordinated by CMC. primarie of the capital city. As of today.legal acts on the status of Chisinau municipality (which besides the capital status also plays the role of the second largest income source of the country after the customs office)37. so there was a necessity to secure it through the law. It is easy to regulate the lack of finances on local level in “the manual mode”. According to this law the heads of the Departments and pretors of primarias will be appointed only after the approval of Chisinau municipal council. Local budgets in different parts of Moldova (with an exception of Chisinau municipality) have an extremely scant revenue base. however the primeria did not follow this rule.2003 37 69 Ionita V.org/public/871/ru/VI %20-%20MD%20Economy%20(ru). It affects the sovereignty of local authority and leaves a variety of choices for corruption. but not corresponding to the amount of duties that are executed by local government. that unclear determination of the competences and responsibilities of parties had caused the lack of short and medium term development priorities and tasks in the towns.viitorul.aspx?NEWSID=80130] . Experts note. In addition. Respective provisions have to enter into the force before the general local elections in 2011.10. The law in status of Chisinau municipality was adopted in 1995. State and perspectives for Moldovan economy [available at http://www.
Chisinau municipality anf th global financial crisis. On the other side the heritage of the previous centralized regime is one of the possible reasons for the low political culture of the Moldavian voter and the absence of elite circulation on the local level. In the capital city 40% of the jobs are provided by the spheres suffering the most from the economic crisis: internal and external trade. The public involvement is a guarantee of the implementation of best practices. They could also play the role of feedback communicator paying the closest attention of the power authorities to the important citizens’ problems. Local officials neither are ready. [available at http://www.ru/index. nor interested in implementation of largescale decentralization simply because they do not know how to perform under the new conditions. The income base of the municipality on 2/3 comprises of the income tax of individuals. Operational costs (underfinanced education. One of the possible solutions would be the delegation of the information function to the local public organizations. construction and transport.Legal confusion and court misunderstanding on the clear division of rights and duties of primar and CMC had discredited the managerial capacity of an administration to coordinate the performance of communal services. and will be able to focus their activities on transparent effective and understandable for community enlightening of the local government performance. The process of control over the local government’s performance by the central government is not legally introduced. So the institutional component of the reform implementation should include the mechanisms of useful and innovative participation of the civil unions on the reforming the power authorities. The majority of the information disseminated by the bodies of local public administrations is rather formal and does not contain the analysis of the actual situation. local infrastructure and administration) take up to 90-95% of the income base of the city39.moldova. The current legislation does not regulate in any way the possibility of LSG contracting with the local NGOs for the more efficient service provision on local level. The subjective human factor plays an important role in the implementation of the administrative and fiscal decentralization principle in Moldova. 39 69 Ivaschenko G. The egovernance is not present in acting legal base as well. The strategy for the sectoral decentralization was not developed as well.php?tabName=articles&owner=37&id=5207] . increasing interest of local communities to the political process and implementation of the civic initiatives. the real reforms lack the political will. Despite the public consultations as one of the forms of citizens’ inclusion in the activities of LSG authorities is a legally assigned norm it is rather limited on practice. Non-transparent functioning of the power authorities remains one of the challenges of the active participation of the civil society institutions in local self government reforming. The recent local elections on Moldova had demonstrated the following. In other words. Moreover. These receive external financing. The introduction of 0% equilibrium income had influenced the second largest (before 2008 more than 25% of the state budget) source of Chisinau budget. the general logic of the administrative decentralization let us to assume that successful reform of local government in Moldova is impossible without an active citizen participation in the decision making process on the local level.
could become one of the possible solutions in order to overcome non-transparency and corruption in policy making and implementation. during the independence years Moldova had undergone the process of ‘deconstruction’ of soviet period administrative models and development of the new ones. The overcoming of this problem requires the closer coordinated cooperation of the central government of Moldova. could hold bilateral consultations discuss the advisability of amendments to electoral legislation in the part about the model of local representative bodies.md/en/2007/comments/20071031/ ] .to calculate the necessary services that provide the basic needs of citizens. Useful experience 69 40 Igor Botan. facing the similar problem of the excessive politicization of local government.alegeri. RECOMENDATIONS For Moldova Indeed. The delegation of the function of informing community on the activities of local authorities to the local public organizations. In regards of ensuring the subsidiarity principle and improving the quality of provision of public services that is at the very low level Moldova should hold a set of internal discussions with further consecutive changes government functioning principle . For EU and international community European and international donor community would be interested to assist in improvement of regional development strategy for Moldova. However. and therefore build a revised system of governance. The provision of European best practices in this sphere might be a good motivation source for both central and local institutions in Moldova. despite all adopted amendments the system of full fiscal decentralization was not yet formed in Moldova.Despite the low levels of economic growth of the administrative-and-territorial units the majority of the mayors elected in Moldovan municipalities were mayors before40. The concept of e-governance should be legally secured as well. taking into account the alignment of socio-economic situation and improving service provision quality in order to overcome the catastrophic difference in socio-economic development of different regions. What does sociological profile of new local power suggest? [available at http://www. receiving external financing. Securing this principle is crucial for ensuring successful administrative reforming. non-governmental organizations and international donor community. the general logic of the government decentralization let us to assume that successful reform of local government in Moldova is impossible without an active citizen participation in the decision making process on the local level. efficient system of management and increasing the effectiveness of local authorities’ performance. Moreover. For Ukraine Ukraine and Moldova. The possibility of LSG contracting with the local NGOs for the more efficient service provision on local level should be legally secured and practically possible.
the subjective human factor plays an important role in the implementation of the administrative and fiscal decentralization principle in Moldova. drafting of legal acts. Finally. Local officials are not ready. In this regards promotion of joint specialized meetings. the real reforms lack the political will. discussions. In other words. engagement of experts in trilateral format to expertise.for changes may be driven from the Polish experience of conduction of administrative-territorial reform and the experience of Baltic countries in building local government system. and realization of joint twinningprojects is crucial for further progress of Ukraine and Moldova on their democratic path. neither interested in implementation of largescale decentralization simply because they do not know how to perform under the new conditions. 69 .
Visa Liberalisation with the EU is one of the policy priorities of the Republic of Moldova. the expectations for the visa-free regime with the EU could help in solving ingrained Transnistrian conflict. Maintaining the formal diplomatic lead (Ukraine was the first to get Visa Liberalisation Action Plan). The result of these reforms are the following: an essential improvement of security of identity documents. In Moldova’s case.have already accomplished an appropriate reform package and obtained a visa-free regime with the EU in December 2009. developing cooperation with law-enforcement authorities of the EU’s Member States. in some practical parameters Ukraine is behind Moldova. mutual exchange of the relevant experience could be useful for determining optimal steps towards reforming process and for avoiding mistakes made by neighbors. Using the experience of the Western Balkans adapted to Eastern Europe realities makes Ukraine and Moldova natural allies. Some of them . Reforms towards visa-free regime is an example of policy that developed and guided by the European Union. and reducing corruption in tangent spheres. Others. namely Albania and Bosnia and Herzegovina got final positive assessment at the end of 2010. The experience of the Western Balkans appears to be the most useful for Ukraine and Moldova. Under this priority. at the same time. states implementing such reforms obtain the obvious benefit from this process which is not only the final goal which is visa-free entry to the EU countries. “Advancing” Reforms: Moldova’s Policy for Visa-Free Regime with the European Union Chisinau is not looking back at Kyiv anymore taking the lead in achieving criteria for the visa-free regime with the European Union. informal competitors struggling for the “championship” and trying to succeed independently without particular reference to the neighbor’s situation. and. mostly belonging to the sphere of internal reforms. Macedonia and Montenegro . improving the policy on human rights. but entirely comprehensive and clear. strengthening of combat forces against illegal immigration.Oleksandr Sushko. 69 . The governments in that region are implementing reforms in accordance with the roadmaps provided by the EU in the first half of 2008. as it would significantly increase the attractiveness of the citizenship of the Republic of Moldova in the eyes of Transnistrian region’s residents. Thus it provides grounds for productive mutual experience exchange and coordination of efforts. national interests as well as prospects and opportunities of Ukraine and Moldova are apparently identical. At the same time.Serbia. Considering that the progress towards visa-free regime is only partially related to the diplomatic area. The list of reforms is sufficiently extensive. improving border management.
following the Ukrainian experience. 9 during a press-conference with EU President Herman Van Rompuy in Kyiv. The point is that the Government of Ukraine has traditionally concentrated its activity on diplomatic efforts. trends of the last year demonstrate that Moldova. which seems to overcome the antagonism of skeptical countries to granting the EU’s document. Action Plan for RM is expected to be granted in January 2011. in terms of diplomatic dialogue Ukraine performed particular “battering-ram” and reached decisions that were provided to the other Eastern Partnership countries. However. not always supporting with relevant reforms. 2005 (Moldova did the same procedure several months later). The Government has focused its attention on practical steps to achieve visa-free regime criteria. held on November 22. Thus. Last head-note was posed by the President of Ukraine in June. Until present days the belief that establishment of visa-free regime is primarily diplomatic problem sounded in the political rhetoric of Ukrainian senior officials and its solution depends primarily on the Ministry of Foreign Affairs. including the Republic of Moldova. Moreover the Government has not been waiting for receiving particular requirements for the Republic of Moldova to be properly drawn up and formally presented by the European Union. 2010 in Brussels. planned to be launched at the EU-Ukraine summit. similar to roadmap for Western Balkans: in June 2010 at the Ukraine-EU Troika meeting of Justice Ministers and Ministers of Internal Affairs where it was announced that such document (working title "Action Plan for Visa Liberalization"). on the requirements that have been put forward for the Western Balkans. Finally. Therefore EU-Ukraine visa dialogue has been upgraded from exploratory stage to the operational one. Tactical priorities rethinking Since recently other accents have been arranged in Moldova. 69 . Kyiv was the first unilaterally to abolished visa requirements for EU’s citizens from May 1. in October 2008 Ukraine was the first to launch visa dialogue for developing conditions and criteria for abolishing the visa regime and has already held several negotiation rounds on the issue (Moldova started a similar process only in June 2010). is becoming a country trying to set a higher pace of relevant reforms that could eventually lead to faster gaining of the desired result. Ukraine was the first to mobilize strong diplomatic support within the EU. 2010 similar decision on Moldova was also adopted by the EU Council. Ukraine was the first to achieve fixation in the Preamble of the Visa Facilitation Agreement (2007) statement that the absolute abolishing of the visa regime is a long-term goal.Gained experience: leadership of Ukraine is questioned For a long time Ukraine kept leadership in this process staying at least one step ahead. On October 25. the Government that came to power within the Alliance for European Integration in 2009 more accurately understood tactical priorities and evaluation criteria of the European Union. At first. Having sufficient information as for the list of the relevant guidelines and criteria (it is enough to study roadmaps provided by the Western Balkan countries) the Government of Moldova has started to accomplish the following relevant criteria.
significant progress has been made in the sphere of documents’ security (this is the first thematic block of roadmaps/action plans). Finally. 2009 as well as in the Ukraine’s Action Plan granted to Ukraine in November. as specified in the EU Council decision on the abolition of visa regime for citizens of Serbia. advanced. which could not solve the problem completely though. Macedonia and Montenegro dated November 30. At the same time Moldovan citizens could choose whether to obtain standard or a biometric passport (certainly biometric passport was high-prized). 2010. This practice is not typical for European countries. Issuing of biometric passports is in hands of the Ministry of Information Technologies of the Republic of Moldova. where the entire market of identification documents production is monopolized by a narrow group of business structures. the Government of the Republic of Moldova in this issue did not expect guidance from the EU. In any case the probability of biometric passport fraud is lower than the falsification of ordinary passport which undermines corruption in the area of IDs issuance. it minimizes the impact of commercial entities and business interests on the process unlike Ukraine. which document security standards are the guide for the EU and other developed countries . especially taking into consideration the large 41 69 The International Civil Aviation Organization. At that time Ukraine only began (in 2007) issuance of previous generation passports to its citizens (with polycarbonate page. This is not comparable with the risk of ordinary passports fraud (moreover with affixed photograph) that can be produced in the handicraft production and "sold" to all needs (moreover passport with affixed photograph were still issued in Ukraine even in 2010 .in June-August the Cabinet of Ministers allowed publishing of 50 000 more of such forms). Therefore. however. earning its first significant point towards the visa-free regime with the EU. It is important to emphasize that the establishment of a biometric passport standard does not only comply with the requirements of the EU. This step would be extremely important and useful for Ukraine. in spring 2010 the new Government of Moldova announced that biometric passports that fully meet the ICAO standards41 will be issued exceptionally starting from January 1. In 2008 the previous Government of Moldova introduced biometric passports to its citizens for traveling abroad (biometric passport contains an electronic chip with a coded personal data and fingerprints information of its owner). Experts consider that fraud of the modern biometric passport is completely impossible without the involvement of highly equipped special services that possess relevant equipment. It should be noted that the introduction of standard biometric passport is one of the roadmaps requirements for the visa-free regime. During the first year thousands of such passports have been issued. but also significantly reduces the possibility of corruption in the issuance of identification documents: forgery of such passports is very expensive. and acted pro-actively (carry the ball). Nevertheless it was a significant step forward. 2011. Eventual removal of visa requirement is available only for holders of biometric passports. technology and databases. but without biometrics data).Documents’ Security Firstly.
which serves as “internal passport” (unlike archaic Soviet format of the Ukrainian internal passport still existing in Ukraine). which is essential precondition for visa liberalisation. now the EU Mission activity in Moldova is not limited to the border with Ukraine. Border Management In border management issues Ukraine and Moldova have quite a lot of common experiences and problems. Except the passport for traveling abroad. EUBAM in Moldova plays the role of advisory entity. modern Internet communication lines. 69 . Moldova in contrast to Ukraine much wider uses a potential of cooperation with the EU Border Assistance Mission to Ukrainian and Moldovan border (EUBAM). Moreover. Coordination and control An important institutional decision was the creation of the Governmental Visa Taskforce headed by Mr. including infra-red detectors. and which has powers to make appropriate decisions approved afterwards by the Government. storing and filling passport forms. Iurie Leancă. In other words being created in 2005 and with MoldovaUkraine border focus. Moldova advanced Ukraine by introducing the European standard identification document . administrative border with the Transnistrian region. In 2010 the parties started the border demarcation process of the Transnistrian border plot and took the final decision on the regulation of border issues around village Palanca. air space and river (Danube) border. This process should be transparent and subject to verification. the Minister of Foreign Affairs and European Integration in Spring 2010.a plastic ID-card. Particularly.number of the past fixed misuses of Ukrainian passports or issuing several passports to one person (for example. It appears to be significantly important considering that the document security includes not only the technological quality of the document. which provides assistance on the full range of border security issues. It definitely works for building confidence between bordering agencies and the Republic of Moldova. storing and using personal data. This applies to the border with the EU (Romania). access to Interpol databases. Creation of this body was perceived in the EU as an indication of existence of political will at the highest level on implementing necessary reforms in Moldova. and the Government encourages such assistance. This working body authorized to coordinate activities of executive authorities in all issues related to visa liberalization. Correct tactic used by Moldova is a voluntary admission of European experts to all stages of biometric data passports production. but also the procedures of obtaining. Moldova involves European experts to verify the reliability of passports and other identity documents: the whole process from personalization to entering data into a form has been demonstrated for experts. with different names or surnames). Moldova is realizing the project with the help of the European Commission that allows equipping all border check points with modern technical equipment. etc. etc.
An important remaining problem is the relations with the Transnistrian region. the key to confidence in the final success of Moldova is not even the number of implemented reforms as indicative change of policy philosophy in the issues related to freedom of movement for its own citizens across Europe. instead of a ‘fortress Europe'. liberty and security. is quite modest in present. but rather how it can best secure its legitimate interests – the effective management of people's movements and the construction of a common European area of justice. It is needed to organize such level of interaction and cooperation between Chisinau and Tiraspol that would allow information exchange on the issuance such documents with the purpose of better control. Probably the EU estimated this self-assessment of Moldova as exaggeration. there are more tasks ahead than behind. who are abroad for employment. Prime Minister of the Republic of Moldova. protected – and projected – by a range of filters based on effective border-management practices both inside and outside the EU. fighting illegal migration and human trafficking. Problems We are not going to exaggerate Moldova’s successes: the country is only in the beginning of achieving the criteria that in future will open visa-free entry for citizens of Moldova into the territory of EU member states. is also the largest in Europe (from 25 to 35% by various estimates). In reality. Progress in some areas. liberty and security.com/article/imported/towards-a-secure. etc. to labor markets of EU member states.aspx . The essence of this philosophy quite persuasively stated in the article “Toward Safe VisaFree Europe”. 10.06. what the EU needs is a space of justice. both the EU and its neighbours share interests in the way the movement of people is managed». The Head of Government considered: «The real question for the EU is not whether it should liberalise visas for its neighbours.g. which publishes its own documentation (e. Moldova still remains (proportionally to population) the most prominent supplier of labors.europeanvoice. 42 69 Towards secure. but nonetheless. but to multiple lines of defence. Relevant pre-estimated document was sent to the European Commission at the beginning of the year 2010.2010.-visa-free-europe/68187. An effective system of defences is never confined to a single ‘wall'. So.The Government of Moldova without pushing by Brussels. birth certificates) that is recognized by the Republic of Moldova as a basis for citizenship granting. Key to success: consecutive actions and proper management Therefore. by Vlad Filat. by Vlad Filat. – European Voice. published in European Voice in June 10. – http://www. made their own assessment of compliance of Moldova to roadmaps requirements towards visa-free regime. visa-free Europe. migration management. fraud identification. referring to the documents directed to the Western Balkan countries by European Commission as the master form. According to the document Moldova meets requirements with the roadmap. for instance. Gearing of working-age citizens. the fact of proactive politics deserves encouragement. However. including illegal labor. this year42.
organizational decision. mentioned Vlad Filat’s article is an example of correct emphasizes. Prime Minister of Moldova is briefly enumerating those achievements of his country. emotional complaints and blackmail. It is hard to imagine more counterproductive tactic than that composition of undue pretentiousness. Attempts of getting free-regime only because of Ukrainians are “great European nation. distrust by those who are making decisions on visa-free regime.). messages and other expressions of political will demonstrate greater motivation and concentration of Moldovan Government to achieve this goal compared with the Ukrainian Government. Under these conditions it might not be surprising if the EU will give visa-free “green light” to Chisinau earlier than to Kyiv. RECOMMENDATIONS For the governments of Ukraine and Moldova: To conduct bilateral and trilateral (with EU’s participation) political consultations on the prospect of visa-free regime with the EU. . The following passage should be considered by speechwriters of Ukrainian leaders. which is humbling”. The EU has legitimate interests and the right to control who enters the EU. but a serious. Instead of this. To exchange regularly information on achievements and problems in related areas. At the same time tempos of internal reform. which is the visa regime. and finally. public stereotypes and domestic labor markets situation. especially during the economic crisis. which often are demonstrated on the issue of visa-free regime with EU by Ukrainian politics.Further. human traffic. Frequently Ukrainian official statements report “all right” in Ukraine (including the sphere of border. Today Ukraine is still a step ahead Moldova in visa dialogue aiming to establish a symmetric visa-free regime with EU. and which “saved Europe from…” and which “have moral right to have freedom of movement” are not working obviously in the situation of necessity to influence to the Government preoccupied by migration dynamic. etc. customs. responsible partner. fighting with corruption. The steps we have taken are intended to demonstrate that Moldova is not a demander. is fundamentally important to follow. which we have mentioned above. Those quotes by the Head of Moldova’s Government are provided with the conviction that the culture and practice of correct messages is important to shape favourable informational. 69 To pursue common (or coordinated) positions on the issue of visa dialogue with EU. because this is a classic example of a demonstration of constructive thinking and formulating “correct messages”: “Moldova's aim is to establish checks and systems that are effective enough to render visas unnecessary (emphasis made by author). political and psychological background in such sensitive area. which is able to substantially improve the country’s perception and perception of its managers in the eyes of decision makers in EU member states. that cause a smile. enforcement activities security.
To organize inception visits at the experts’ level to share experience in the spheres of documents’ security. 2012. Seriously consider that easily accessible Ukrainian passports in the Transnistrian region of Moldova is one of the factors of EU mistrust to Ukrainian passport owners in general. border security. border management. To establish the exclusively biometric passports standard by January 1. • • 69 For EU and international community: . to establish appropriate institutional and legal bases of that policy. To stop granting Ukrainian citizenship to a large number of Moldovan constitutional territory residents. migration policy. fighting cross-border organized crime and corruption. Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism dated 2005. Criminal Law Convention on Corruption as of 1999. To start Visa Liberalisation Action Plan implementation. Search. To ensure adequate political will and necessary budget funds to push necessary reforms. including mission EUBAM. and combating corruption. United Nations Convention against Corruption as of 2003. To require for ratification of the next documents by Verkhovna Rada of Ukraine: • • The Second Additional Protocol to the European Convention on the Mutual Assistance in Criminal Matters dated 2001. To conduct transparent tender in order to select the executor for government procurement for the biometric passports production and start issuing these passports in the beginning of 2011. Council of Europe Convention on Laundering. to set a new Ukrainian passport standard with biometric data to travel abroad. To define state migration policy core and its executives. To stop issuing passports of outdated designs that do not meet the standards of ICAO.). To engage broader assistance of EU in the field of border security. securing sufficient funds and human resources for that purpose. For Ukraine: To pay attention to more rational and useful tactics by Moldova’s Government as for lobbying visa-free regime (correct definition and implementation of internal reforms and to sending correct messages that will be able to persuade EU in intentions’ sincerity to implement the relevant reforms and become a reliable partner of the EU in the areas of migration control. To create (also relying on Moldovan experience) a system of coordination of executive bodies’ activities responsible for specific policies regarding the visa dialogue. etc. To adopt the Regulation of the Cabinet of Ministers. learning appropriate experience of Moldova.
69 . To realize that all Eastern Partnership countries. as well as Russia. Moldova and other Eastern Partnership countries for achievement standards and criteria for implementing visa-free regime. To provide technical and expert assistance to Ukraine. could get visa-free regime satisfying requirements provided for Western Balkans.To avoid double standards on the definition of tempos and criteria of implementing freevisa regime for European continent country.