Newsletter on Foreign Policy and European Integration Issues of the Republic of Moldova

Foreign Policy Association together with Friedrich- Ebert-Stiftung offer you a newsletter on foreign policy and European integration issues of the Republic of Moldova. The newsletter is part of the “Foreign Policy Dialogue” joint Project. NEWSLETTER MONTHLY BULLETIN DECEMBER 2020 NR.12 (178) Synthesis and Foreign Policy Debates The newsletter is developed by Sorina Ştefârţă, editor-coordinator TOPICS OF THE EDITION: 1. Aurel Ciocoi, Minister of Foreign Affairs and European Integration:I think we have reached a national consensus on the process of modernizing the country by implementing European standards 2. Peter Michalko, Ambassador of the European Union: The European Union is constant: we are helping, we are informing, and if the commitments are broken - we are raising our voice and taking action 3. Nils Schmid, member of the Foreign Affairs Committee of the German Bundestag:What counts, above all, is substance in the implementation of reforms 4. Editorial by Victor Chirilă, executive director of the Foreign Policy Association (APE):Three essential conditions for a credible and effective foreign policy

News in Brief The presidents of Romania, Czech Republic, Moldovan European Integration Forum 2020: Estonia, Latvia, Lithuania, Poland and Slovakia sent on Thursday, 24 December, a joint official statement in support of the President of the Republic of Moldova, Maia Sandu, appointed on the same a radiography at the end of the pandemic year day. “Maia Sandu has received a strong mandate from the citizens of the Republic of Moldova who are waiting for changes, a more ambitious reform agenda, democracy and closer ties with the European Union,” said the statement of the seven heads of state, who expressed their “full” support for the new Moldovan president. “We support Ms. Maia Sandu in her efforts to develop a functioning democratic system in the Republic of Moldova, which should reflect the will of the country’s citizens. We are also willing to share our experience on the reforms and the European integration process, an approach that could contribute to the prosperity and well-being of the Republic of Moldova on its way to the EU”, said the statement of the seven presidents of the EU member states.

The new Government of Romania aims at continuing the support actions for the direct benefit of the Moldovan citizens. According to the Government Programme 2020-2024 of the Romanian Executive, the Romanian state will make efforts to advance the strategic bilateral projects, especially those with an interconnection role (energy interconnection; in the field of road infrastructure/ construction or reconstruction of bridges across the Prut and construction of the Iași-Ungheni highway etc). It is also proposed to create a Democratization and Sustainable Development Fund for the Republic of Moldova, with an adequate financial allocation, within the budget of the Agency for International Development and Sorina Ștefârță leitmotif in the speeches of (Minister of Foreign Affairs, Cooperation (RoAid) and to establish a working group of the the participants. Aureliu Ciocoi, or Radu European Commission for the Republic of Moldova whose aim will be to support the implementation of the Association The seventh edition of Foltea, State Secretary of Agreement with the European Union. Romania will also the Moldovan European Either live, respecting the Ministry of Justice), continue to support the comprehensive, peaceful and lasting settlement of the Transnistrian conflict, with an emphasis Integration Forum, the “pandemic” security as well as by the business on respecting the sovereignty and territorial integrity of the Republic of Moldova within internationally recognized organised in Chisinau on 8 measures, or connected representatives, legal borders and without affecting its pro-European vector. December by the Friedrich- online (2020 has taught us experts, political analysts,

The Strategic Partnership, Trade and Cooperation Ebert-Stiftung and the what seemed impossible journalists. And one of the Agreement between the Republic of Moldova Foreign Policy Association, until now), the protagonists sharpest messages came and the United Kingdom of Great Britain and Northern Ireland was signed on 24 December in partnership with the of the three panels from HE Peter Michalko, by the Foreign Minister, Aureliu Ciocoi, and the British Ambassador to Chisinau, Steven Fisher. The agreement will Ministry of Foreign Affairs expressed their hope that Ambassador of the European regulate the post-Brexit Moldovan-British relations and, and European Integration, the political turn produced in Union to the Republic of according to Minister Ciocoi, the document will advance the bilateral relations to a strategic partnership, strengthening was not about the end of our country on 15 November Moldova... the economic and trade cooperation between the two sides the presidential election will contribute to real to achieve trade liberalization, and helping create conditions for cooperation in various fields of mutual interest. In this campaign. However, the reforms and modernization “At the same Forum, in context, it was emphasized that the document also brings issue of the elections and, of the Republic of Moldova. 2018, I thought that was good news for the economic agents and final consumers: once the agreement is signed by both countries, it will especially, the priorities This was said either more the bottom in the EU- be applied provisionally, which will ensure free access of exporting companies to the market for goods and services announced by President openly or discretely by Moldova relations on favourable terms. Thus, the trade relations between Maia Sandu have been a the government officials during my term, our countries will not be interrupted after the cessation of the application on the United Kingdom of the Association Agreement signed between the Republic of Moldova and Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 the EU. Website: www.ape.md E-mail: [email protected] DECEMBER 2020 2 Synthesis and Foreign Policy Debates

but it seems that great efforts are being made now by a part of the political “elite” to reach the I think we have reached a national situation back then”, began his speech the EU Ambassador. He has listed then consensus on the process of three reasons for his disappointment in connection with the recent events in our modernizing the country by country, but also three reasons for hope that things can change for the better. implementing European standards Meanwhile, in the middle of the night and contrary to all procedural and moral Aurel Ciocoi, Minister of Foreign Affairs and European Integration norms, a non-formalised majority in the Moldovan legislative forum has voted several contradictory laws (some already challenged with the Constitutional Court), Prime Minister Ion Chicu has tendered resignation, and president Maia Sandu has been sworn into office. However, the challenges are not over, and the year 2021 is not presenting itself simpler than 2020.

The participants in the Forum have tried to give a radiography of the passing year. A year with an extremely complicated internal and regional context; a year marked by the pandemic and drought, by inconsistency of state policies and party switching, by the lack of real reforms in the judiciary and the slow investigation into the major corruption cases. These and many other backslides have led to a cooling of relations with the Western partners. However, the latter seem more concerned about resolving the consequences of the Covid-19 crisis than the state authorities.

How and under what conditions can the country’s European integration agenda be relaunched so that the society’s aspirations are reflected in the actions of the government? Are the Moldovan authorities irst of all, I would like to say side and, consequently, we can ready to get back to the reform agenda, Fthat I am glad to be among reach a consensus and achieve including to the fight against corruption, the participants, and the Ministry unanimously accepted priorities. reform and integrity of the judiciary? What of Foreign Affairs and European National consensus on a major are the expectations of the people from the EU, including in the field of security Integration - among the partners of issue for a society is one of the policy for the Eastern Partnership region? this Forum, which has established most important things for the These are the questions that the Moldovan itself over the years as an stable development of a state. European Integration Forum 2020 has tried extremely beneficial platform But this is not possible without to answer - a post-election radiography for a constructive and, in places, dialogue - inter-institutional, at the end of the pandemic year, whom critical exchange of ideas. But with the civil society, etc. – the we have dedicated (by publishing some of the speeches) the last 2020 edition of the we have always agreed that only latter being the crucial factor for Newsletter. Enjoy reading and ... Happy in discussions and controversies ensuring an upward pace in the new year, Moldova! we can convince the opposing development of the country.

Economy and justice - crucial because even in this difficult year, do its job in a fair and impartial way, hit by the pandemic and a severe without lobbying, financial or any Regarding the topic of this panel drought for the Republic of Moldova, other interests. discussion – “Relaunching the the dialogue and efforts of the European integration agenda of Government have continued. It’s Foreign and domestic policy - the Republic of Moldova: the main true that sometimes that was at interdependent challenges and perspectives”, a slower pace ... but it certainly I would like to refer to some hasn’t stopped. Proof of this is the What are the obstacles to basic findings, which I think are completion of the Strategy on the relaunching the country’s European extremely important and which I Integrity and Independence of the integration agenda? I would like hope to discuss today. First, roughly Justice Sector for the 2021-2024 to point here three key elements. speaking, I believe that a national period, an ambitious document First, unfortunately, this is about the consensus has been reached in and a comprehensive strategy that system problems that we are facing. the Republic of Moldova regarding they have worked on extensively I am referring to all this negative the process of modernizing the and sometimes with difficulties, and baggage that has accumulated for country by implementing European which allows the opening of new decades in relation to the state standards. I do not think that there doors to ensure an impartial justice institutions. And no matter who will is at present any political force that at the service of the citizens. It is be in power, it will be extremely would question this fact, which, in not going to be easy to implement difficult to eliminate this negative my opinion, is already a substantial the strategy as we all know what perception and regain people’s achievement in ensuring the stability is happening in the judiciary of trust in the openness, goodwill and of the country’s development on its the Republic of Moldova and how transparency of the institutions... European path. However, beyond difficult it is to make reforms in An example of “negative baggage” all the political controversies and this opaque system. However, is the already famous bank fraud inter-party debates, I do not see regardless of the difficulties that and I cannot but be glad to hear that any player on our political scene the Government will face in six people involved in it have been to question this aspect. Second, implementing this document, it detained recently. I hope that the (something confirmed by various is absolutely necessary to do the day will come when we will see the opinion polls) the economic aspect utmost to ensure an independent final beneficiaries brought to justice. also proves the irreversibility of justice system in the Republic the European modernization of the of Moldova, a judiciary free of Second, the limited capacities of the Republic of Moldova. You know corruption, where the law and institutions. The implementation that the total volume of our trade not the thickness of the envelope of the Association Agreement and with the European Union accounts matters. This is something I wish Free Trade Area is a very complex for 65 per cent. As a result, one with all my heart. exercise. We know it first-hand at of the absolute priorities of the the Ministry of Foreign Affairs and country’s economic development is I want to see a prosperous, modern European Integration what it takes to to continue the implementation – and European Republic of Moldova discuss with colleagues from other difficult sometimes, it is true - of the ever since I joined, as a young ministries and departments aspects Deep and Comprehensive Free Trade diplomat, the Ministry of Foreign related to the implementation of the Area. Affairs in 1996. At that time, I two agreements, and we find that thought we were a young state and there is really limited capacity. This Third, at the beginning of this it may take us just a little, five or is a global problem for the Republic panel, Mr. Anatolie Golea said, in ten years, to become one. Almost of Moldova, because i) we have few his capacity as moderator, that three decades have passed, and we well-trained staff in the public system the European integration process continue to want the same thing. It and ii) there is a need for a profound has made no progress lately. Let is a state of affairs that can no longer reformatting of public authorities in me disagree with this statement, be tolerated - the judiciary should order to encourage people trained

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 4Synthesis and Foreign Policy Debates at the highest level to come into the I have already talked about the all the conditions in order to benefit public service. For now, the state justice sector - and I would like from the second tranche. service is still not attractive ... It is an to thank my colleagues from the issue that any government will have Ministry of Justice for the dedication In this context, I would like to to reflect upon, in the medium and with which they have worked mention that the Republic of Moldova long term. The sooner we succeed on the Strategy on the integrity benefited from the EU support not in finding a solution to this major and independence of the justice only in 2020. In all the almost 30 challenge, the sooner the public sector for the years 2021-2024. years of independence of the country, service will become more attractive, Another priority is the continuous the EU has been one of our most including for young professionals implementation of the Deep and reliable and feasible partners, always who have the capacity to implement Comprehensive Free Trade Area helping to overcome the financial, European standards at national level. with the EU. Here we have a lot political and institutional problems. of work to do to approve the new A special instrument has been Third and perhaps the most additional protocols, to adjust the created for this purpose - the Eastern important aspect in terms of possible regulatory framework to the EU Partnership. We are relying heavily obstacles is the political instability. standards, including the sanitary and today on the fact that the EU will find It is well known that there is a direct phytosanitary ones - a very difficult a way to revitalize that multilateral correlation between foreign and thing, including due to the system cooperation platform, taking into domestic policy. The Romanian and capacity issues. account the problems facing some of foreign minister Nicolae Titulescu’s its Member States, so that dialogue saying here is self-evident: “Give me In the field of Transport and Energy, on this dimension can continue. a coherent domestic policy and I will we will work, in particular, on ensure a brilliant foreign policy!”. putting into the full operation of the In the end, I want to reiterate one A very true thing. Or, when we Iasi-Chisinau Gas Pipeline, on the thing with which I’ve started my have a perpetual political instability interconnectivity of the country’s intervention: regardless of any domestically, the foreign dialogue electricity system with the European criticism, the authorities of the and the reform implementation one and on the famous unbundling Republic of Moldova are moving firmly process is affected. provided by the EU’s Third Energy and consistently on the path of the Package that provides for the country modernization. I have said it The Association Agenda - even separation of the gas supplier from repeatedly: the modernization of the more ambitious the gas carrier. country, the application of European standards in our daily life domestically, I would like to refer now to the Among other essential priorities at all levels, is a commitment for the priorities for the next period. We for the 21st century, I will mention benefit of the people. We should do are at the crossroads, and 2021 the digital transformation, reducing our homework not for the sake of will be very important for the pollution, environment protection, Brussels, but in order to bring a new adoption of the next EU-Moldova climate change and, last but not spirit and restore the confidence of Association Agenda. We have least, strengthening the health the Moldovan citizens in the possibility had countless consultations with sector. Here, too, I would like to of the change for the better. If we colleagues in Brussels to draw up thank, in particular, the European succeed in this effort, whatever the this comprehensive document and Union for the assistance it has costs, the issue of Moldova’s accession dozens of people have been involved provided to the Republic of Moldova to the European Union will come in order to achieve an agenda that in overcoming the consequences of naturally. It is a complex exercise as best reflects and sets our country’s the COVID-19 pandemic, including mentality, effort and purpose, but it all priorities in relation to the EU for the the disbursement of the first depends on us. next seven years. We are now at the tranche of the Omnibus programme. final stage of this process. Obviously, we will focus on fulfilling Chisinau, 8 December 2020

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 Synthesis and Foreign Policy Debates 5 The European Union is constant: we are helping, we are informing, and if the commitments are broken - we are raising our voice and taking action

Peter Michalko, Ambassador of the European Union to the Republic of Moldova

his is my fourth and probably my Tlast participation in the European Integration Forum, so let me speak on my own behalf. This is also because there have been 25 years since I first came to the Republic of Moldova ...

As always, also today the European integration agenda of the Republic of Moldova is viewed through hopes and disappointments. This is despite the Association Agreement, including the DCFTA, which is a solid foundation of our relations with an extraordinary potential for the country development and a promising prospect for the intensification of our relations – only if existing opportunities are utilised, of course. carried out with much difficulty in the of us, and how they want to feel them in last four to five years - in the banking reality in their lives. There is a risk of fatigue... sector, for example - are about to be thrown to the trash. Of course, we will The European Union has shown it is At the same Forum in 2018, I was continue to react every time we see close to the people of the Republic of thinking then it was the bottom backsliding or regress, we will continue Moldova both in the short and long moment of the EU-Moldova relationship to apply the same strictly conditional term. Thus, in this dramatic year, the during my term, but it seems that policy and we will use the levers we have “Europe Team” has provided great great efforts are being made now by at hand - from political dialogue to direct support in combating the consequences a part of the political “elite” in order assistance to people. of the pandemic crisis and we continue to reach the situation back then. In to be present with projects and support 2018, the EU’s high-level attention But it is very important to understand to the Moldovan economy. And this is was clearly noticeable and included that everything is changing today, the chance for the future development new Conclusions by the Foreign Affairs including under the pressure of major as are the chances offered by the Council (February 2018), European crises such as the one caused by the Eastern Partnership whose opportunities Parliament resolutions, high-level Covid-19 pandemic, and that a great should be used by the Republic of statements, regular discussions with competition is awaiting us, in which Moldova as this is also in its interest. the Member States in Brussels, as the Republic of Moldova should use well as a local joint initiative by the EU the beneficial opportunities offered to Between disappointment ambassadors. it, leaving in the past the setbacks and and hope all the factors that have impeded the This time, however, there is a risk of a progress of the country and the progress I would like to mention, very briefly, fatigue effect, especially when we see of our relationship. Especially given three reasons why I feel a certain that the same destructive figures of the the high hopes based on the apparent disappointment: past are playing political and economic understanding by the citizens of what 1. There have been a few windows of games, that the reforms that have been the European values are, common to all opportunity - and I am not referring

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 6 Synthesis and Foreign Policy Debates here to any political parties or However, I also have three reasons for civil servants who are following the figures, but to a few moments of hope: long list of commitments made by rehabilitating the people’s hope that 1. There have been some indications the country under the Association changes for the better are possible. I that the topics that divide society, Agreement or to those few still remember with emotion the day the hate speech, and geopolitics do whistleblowers who are informing of 14 June 2019, when the people not work as well as in the past and about the abuses and illegalities who had been brought in front of that issues such as living standards, within the institutions. And here I the state institutions and who had the fight against corruption and would like to thank my colleagues prevented the peaceful transfer the children’s future are those from the Ministry of Foreign Affairs of power have left in less than an that matter today. Of course, and European Integration, but hour, so that the rain that followed much remains to be improved also from other public institutions, seemed to have changed the face of in the quality of public debates, with whom we have been working the town... But I am still convinced including by discouraging by the intensively to strengthen the relations these windows have not closed and state institutions of the attacks on between the European Union and the that the lost time will be recovered. the media and genuine civil society. Republic of Moldova. 2. The rapid way in which non- Understanding the importance of transparent alliances are fighting corruption and reforming All these positive aspects are stronger being made based on hidden the judiciary as a precondition than the disappointments - and this is just interests - there may have been for economic development and about a pure quantitative factor. There are a certain underestimation of the improving the people’s lives is tens of thousands of people who make “reactionary” forces, which have encouraging. positive things possible, while those who quickly found ways of dialogue 2. Ability to mobilize segments of the try to anchor the Republic of Moldova in and returned to old habits - from population. Here I am referring to fear, poverty and corruption are much cigarette trafficking to undermining the diaspora - and not only to the fewer. Of course, we also have a qualitative the rule of law and the democratic people’s effort in exercising their weighting factor - the ability of these “few” institutions. right to vote, but also to their daily to influence, but the balance of power 3. Practices that I thought had been sacrifices, and to the remittances is changing. And the stronger the voice long gone in the past are being they send, which, in fact, have of the former, the less the possibilities revived - forced entry into public supported all the governments of the oligarchs to promote their hidden institutions, the use of courts to of the Republic of Moldova. I am interests, to retain their influence and overturn perfectly valid decisions of also referring to the young people power. public authorities, and a very high who participated in large numbers level of impunity. And even if I have in the presidential elections and Focusing on private not once talked about the bank who showed that they care about interests will generate deep fraud, the laundromat and other their future and the future of the cases of political corruption, today country in which they want to live. disappointment I would like to mention something Ultimately, I mean all the citizens of else: my deep disappointment the country, regardless of ethnicity, The European Union is constant - we with the way the case of the who understand that their interest have not changed our approach, the Turkish teachers’ expulsion was is a better future, in which they will policy framework, the tools or the way treated. This case, which is not be able to achieve their dreams. of their implementation. We still have at all a “sophisticated” one, with Because everyone wants a country a lot of work to do - to inform even interference or money running in which they feel free, have a more people about our support and through all kinds of jurisdictions; a prosperous life, and know they can our instruments, to make them more case in which the punishment has count on the judicial system that accessible, flexible and direct. As part not been only insignificant, but also will treat everyone equally. It is in of the constancy is the fact that we does not lead to the accountability everyone’s interest. raise our voice when necessary and of state institutions, dignitaries and 3. The personal example set by take action when the commitments civil servants. Consequently, it does politicians, representatives of civil are broken. And I will now refer, in not support the application of the society, the media and small business, particular, to the latest amendments principle according to which the law but also representatives of public to the Law on Internal Trade, which are is above any verbal order or political institutions - all those who have large contrary to the commitments of the command. reservoirs of energy, patience and Republic of Moldova under the World hope. I am also referring to some Trade Organization, but also under the

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 Synthesis and Foreign Policy Debates 7 Deep and Comprehensive Free Trade Agreement with the EU. If this law enters What counts, above all, is into force, the EU will have to initiate dispute settlement procedures. In recent days we have seen also other initiatives substance in the implementation that go against the commitments made, including a so-called Lustration Law... of reforms I think that here we cannot talk about irony, but absurdism, when we think that Nils Schmid, member of the Foreign Affairs Committee a party, which includes people listed in of the German Bundestag the Kroll Report as having been involved in the bank fraud, could do “cleaning and ‘disoligarchization’” of the regulatory or supervisory institutions, including the National Bank, outside the existing legal framework.

The EU is already the largest trading partner of the Republic of Moldova and a destination for exports, as well as a source of investment coming to the country. This role will increase in the coming months and years and will be a decisive factor for Moldova in overcoming the impact of today’s crisis. Moldova only needs to be open to use the chance that may come with the new multi-annual EU budget and the European plan for the economic recovery- the largest economic plan in the human history. It is essential that the citizens of the Republic of Moldova have the chance to feel that their lives are improving, which is why the authorities should show a decisive will for reforms and an active dialogue, with the “best cards” with the EU. At the same time, the focus on private interests would generate profound disappointment of both the citizens and the development partners of the Republic of Moldova ... There is still time to prevent these latest events from having medium and long- term effects on the country. And we hope that the people and institutions will fulfil their functions and responsibilities, e in Germany are very glad that Maia Sandu won the presidential subordinating only to the law, the Welections with a clear pro- European perspective, which is principles of democracy and rule of law. encouraging for all of us. However, we need a broad consensus as to the And for all those who are acting, day by European integration path and association since for too many years there day, according to the commitments made has been political strife and little progress and substance when it comes and the hopes expressed by the people to the judiciary reform, fighting against corruption, reforming the banking through their vote, I can only promise sector and so on. So, what counts for us above all is substance in the them that the European Union will continue to be with them. implementation of reforms and any political party or coalition in charge contribute to what has been agreed. Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 8 Synthesis and Foreign Policy Debates

We can win the trust, offering I’d like to stress that I’m deeply I hope that all the disappointment real improvements convinced that we can win the coming out of the presidential Moldovans over the European elections will not result in a very We take the presidential elections perspective by offering real life unsteady parliamentary situation in as an impetus for relaunching improvements, and in certain Moldova. In order to push through the European reform agenda in way, the high approval rate for the reforms, you need a Parliament Moldova and we believe that the Maia Sandu among the Moldovan and the full support of it, and in European Union, and especially emigrants showed us that those who order to control Government, you Germany, should support this push experienced the European reality also need a strong Parliament. by assisting in the implementation are much more in favour of the That’s why we, in Germany, have of the key reforms in the area European integration that those for started to look more and more at of justice, fiscal administration, which this is a faraway reality from how parliaments work in the reform banking sector, security sector. So, their daily life. states all over Eastern Europe and for I believe that these are still on the us this has become a very important table. And I know that they are Europe has to perform in Moldova’s aspect in judging the progress made complex issues that take time, but real life and has to show to in the area of institutional reform. the European Union is ready to the Moldovan people all over If you look at what’s lying ahead of help and fund facilities for that. We the country that the European us in Moldova, there is still a lot of believe this is key for transforming integration matters this being an work to do in institutional building, the Moldovan society and also opportunity for improving their and capacity building, strengthening being attractive for investors, for their families’ standards of living. social and political cohesion of example. the society. We believe that the National consensus not only in Parliament in a democracy is also The second point which I would like words but also in actions part of the separation of powers, to stress, which is also a key sector therefore it’s important to have a of European support, is improving And the last point that I would like properly working Parliament. the standards of living of as many to make is about the importance of ordinary citizens as possible. the parliamentary politics. So all over I want to ensure you that Germany the post-soviet space, but also in the will stay with Moldovans. We believe I think that one important feature of Balkans, we’ve seen very unsteady that the European dimension of the the last presidential elections was parliamentary politics which does Moldovan politics is an essential that many people in Moldova did not necessarily mean it leads to part and we can only offer it to not vote along the geopolitical line instability, but still a well-functioning Moldovans. They have to choose but rather along the facts of life, parliament is of utmost importance their way forward in the domestic that is the economic situation and for the rule of law, for democracy and foreign policy, but still the the perspectives for the economic in general, and I’m very much presidential elections demonstrate improvement that the candidates concerned about the latest events in that the way of coming closer to the have offered. So, there is a huge the Moldovan parliament which was European Union in economic and opportunity for the European Union sort of shake-up of the Parliament. political terms is very important. And to invest more in concrete measures So, you never know what happens of course, we appreciate that and we to improve the living standards, in this parliament - this impedes a want to continue helping Moldova the public infrastructure, and steady political reform process. That on this path forward by finding tailor- connectivity which is key to linking is why a national consensus not only made approaches to support the Moldova to the single European in words but also in concrete actions, reforms in the country. market and in this respect, further and especially in the actions of the implementation of the Association Government and Parliament, is very Berlin-Chisinau, Agreement is very important. important for us. 8 December 2020

Victor Chirilă, successes were possible due to executive director the credibility of the Moldovan of the Foreign Policy diplomacy in the major Western capitals in the early years of this Association (APE) decade. Unfortunately, the 2014 bank fraud and the growing The new President of the Republic discrepancy between the foreign of Moldova, Maia Sandu, has policy messages and the concrete undertaken to promote a foreign domestic actions have shaken the policy which is “open, positive and confidence of the European and beneficial to the country.” It is a American partners in the sincerity desideratum of the majority of of the promises and commitments citizens, which is also supported of the Moldovan government. by our neighbours (Romania and Ukraine), and by the main Therefore, if we want a diplomacy development partners (the EU to be heard and respected alike and USA). However, it is clear that in Brussels, Washington, Berlin, the Republic of Moldova will have Paris, Kiev or Bucharest, it is an effective and impactful foreign crucial that the external messages policy only when a number reflect as accurately as possible of essential conditions for a the commitments made and the reform actions taken substantial relaunch are met… domestically in the area of fighting against corruption, reform of the judiciary, respect for and consolidation of The messages sent externally should reflect the the rule of law, ensuring a transparent and accountable actions internally government etc... This can be achieved by President Maia Sandu only in close cooperation with the Parliament and First of all, we need to restore the credibility of our foreign Government. Unfortunately, both institutions are currently policy, which has been shattered in the last year by the controlled by the Dodon-Shor-Plahotniuc triumvirate of irresponsibility and incompetence of the former President the corrupt and oligarchs, who have declared total war Igor Dodon in terms of foreign relations and, in particular, on the new head of state and her reform agenda. In these by his government’s sabotage of reforms agreed with circumstances, we will not exaggerate if we say that the the development partners in the field of justice, the fight restoration of the credibility of the country’s foreign against corruption and the consolidation of the financial- policy is postponed until the release of Parliament and banking system. Government from this triumvirate, following free and fair early elections. The visa liberalization regime, the negotiation of the Association Agreement and the Deep and Comprehensive Formulation and explicit commitment to Free Trade Area with the EU, the inclusion of the national strategic objectives Republic of Moldova in the list of beneficiaries of the USA Millennium Challenge Program, the launch of the Secondly, we need a coherent foreign policy. However, Strategic Dialogue with the USA and other foreign policy in diplomacy, coherence starts, above all, from the

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 10 Synthesis and Foreign Policy Debates formulation and explicit commitment to national strategic respect and institutional authority it once used to have, objectives, which should be pursued regardless of the becoming a docile instrument of internal political struggle vicissitudes of the domestic political life. Unfortunately, in the hands of the oligarch Vlad Plahotniuc and, later, of in recent years, as a consequence of the major the former President Igor Dodon. Both used the foreign disappointments generated by the performance of former office to promote their individual and/ or party/ group pro-European governing alliances, the national goal of interests, to the detriment of the national interests, the joining the EU has become less imperative for the political rule of law and the country’s security. More precisely, class in Chisinau. As a result, against the background of this Plahotniuc has tried to ensure the irremovability of his context, our diplomacy is being imposed false objectives, oligarchic regime, and for this he has set himself up as the such as the transformation of the Republic of Moldova only guard against the Russian tanks and as the supreme into a bridge that would unite the liberal West with the protector of the American and Romanian interests in the anti-liberal East (illiberal) or the international recognition Republic of Moldova. Pursuing the same goals, in his turn, of the permanent neutrality of the country as a guarantee Igor Dodon has set himself up as a promoter of a “balanced for the political settlement of the Transnistrian conflict and foreign policy” and as a “unifier” of Europe from Lisbon to the withdrawal of Russian troops from the left bank of the Vladivostok, while coordinating his foreign policy messages/ Nistru. actions with Moscow. In both cases, our diplomacy has been a useful tool, humbly carrying out their instructions. But let us not delude ourselves; those “objectives” have only one purpose: to remove, once and for all, the idea In parallel, it is becoming increasingly clear that the Ministry of joining the European Union from the agenda of the of Foreign Affairs suffers from a number of institutional Moldovan political class and diplomacy. This should be deficiencies, such as insufficient communication with the prevented and stopped, and the national goal of joining the public, lack of public diplomacy, but also digital diplomacy, EU should be brought back to the forefront of our domestic insufficient strategic analysis and planning capacities, etc. and foreign policy, as a beacon for society, but also for the Once a generator and promoter of modern foreign policy diplomacy. ideas and solutions, today the foreign office has become a docile executor of ideas and solutions imposed by dubious Moldova’s accession to the EU is not a geopolitical politicians, lacking (clear) vision and strategic thinking desideratum, but a sine-qua-non condition for the characteristic to statesmen. The recent case of smuggling country’s development and for its existence as a modern, of anabolic substances, which involves the Embassy of the independent and sovereign state - and this should be Republic of Moldova in the Russian Federation, is, in that a clear and explicit commitment of the political class. context, an additional signal that something is rotten in our Without such a commitment both at the level of discourse diplomatic Denmark ... and actions/ reforms, our foreign policy will always be in the wind of the changing political winds in Chisinau. There is only one way to restore the lost respect and Building Europe at home and joining the European Union institutional authority of the Ministry of Foreign Affairs and are two sides of the same coin, which cannot be separated European Integration: to thoroughly reform the domestic or treated separately, as some “equidistant” Moldovan diplomatic service based on the model of successful politicians and officials are trying to do. diplomacies of some EU member states of the size of the Republic of Moldova. However, this reform should Restoring the authority of Moldovan diplomacy begin with an impartial external audit, which assesses all procedures and areas of activity of the Diplomatic Service, Third, the authority of Moldovan diplomacy should be starting with the auxiliary (technical-administrative) and restored. Unfortunately, in the last six years, the Ministry ending with the political ones. And ... who can do that of Foreign Affairs and European Integration has lost its today?

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 Synthesis and Foreign Policy Debates 11 Justice system reform and the role of the judicial integrity in the European integration process

About strengthening the judicial integrity and the role of the executive and legislative powers in ensuring it; about the prevention of corruption in the judiciary and the interference of politics with the judiciary; and about the decisive role of the media...

RADU FOLTEA, Secretary of State, Ministry of Justice: “Accountability and integrity - key elements for restoring confidence in the judiciary”

First of all, on behalf of the Ministry justice. Among the main reasons for of Justice, I would like to express my this situation are the maintenance of sincere thanks to the organizers and corruptible factors and elements that participants in this event - especially affect the integrity of actors in the for the fact that a separate panel of sector; involvement of political factors discussions has been dedicated to in issues related to the career of judges; justice. Ensuring quality justice is a uneven judicial practices that generate because of the immunity which is being commitment assumed by our country contradictory judgments and, in the end, invoked... in the process of European integration, affect the security of legal relations and and the success of achievements in lead to the condemnation of our country As for the Roadmap for the coming the sector should be the main impetus by the ECHR; poor application of the years, it will be based on the new conditioning the assertion of the regulatory framework and legislative Strategy for Ensuring Independence Republic of Moldova as a democratic instability. and Integrity in the Justice Sector state and a credible partner in relation 2021-2024. Starting with January st1 , to the entire international community. Of course, we cannot deny that, our task will be to implement this On this occasion, I would like to reiterate according to opinion polls, corruption Strategy, which contains key elements that, over the years, the Ministry of and lack of integrity in the justice system included at the level of law based on Justice has developed and promoted and, in particular, in the judiciary are the previous recommendations coming a series of justice reform projects - we perceived by society at a high level. from both civil society and various all know the National Justice Reform Accountability and integrity are two international organisations. I am Strategy 2011-2016, for example ... main elements ensuring the citizens’ referring, in particular, to the draft laws Much has been done, but much remain trust in the justice system and fair on constitutional amendments related to to be done, that is why we would like to procedures, given the suspicions today the judiciary and the Superior Council of reach a stage when we could already talk that some court rulings have been Magistracy. This year we have managed about consolidating the justice sector issued under pressure from political to revive that initiative, which has had and not about reforming it. factors. At the same time, the judicial previously two attempts (2016/2018) accountability and integrity cannot and we did it by involving all actors - civil Despite the efforts, it is unfortunate be viewed and analysed outside the society, the Government, the Council that the judiciary but also the entire concept of independence, and this is of Europe and the European Union. justice sector, including the Prosecutor’s because the judiciary is a constitutional, We have been open to all suggestions Office and the free professions - is still state power and has to become distinct. and recommendations in order to affected by structural problems and lack Also, judges cannot be sheltered by an strengthen the draft and pass it on to the of integrity, which has a major impact absolute immunity, which can turn into Constitutional Court, then to Parliament. on the quality of justice and people’s a kind of impunity - we all know cases I very much hope this draft will be satisfaction with the performance of when judges cannot be held liable just examined by the Parliament next year.

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 12 Synthesis and Foreign Policy Debates It is a draft that contains some strong important changes, which will lead to The Ministry of Justice, as coordinator elements, such as the exclusion of the the exclusion of the political influence of the implementation of all policies five-year probation period for judges, on the process of appointing judges. The in the field, will be involved in the which will give them the confidence that draft provides also for resetting of the implementation of the Strategy and is they are appointed for life or that the Superior Council of Magistracy (SCM). convinced that the approach should be magistrates of the Supreme Court of Ultimately, we want a transparent inclusive, involving all actors, including Justice are appointed by the President, process for implementing these civil society and the media. Let’s take on not by Parliament. These are very amendments. this success together - I hope it to be so.

CRISTINA ŢĂRNĂ, anti-corruption expert, former deputy director of the National Anticorruption Centre: “Corruption poses high risks to state security”

The issue of integrity is a long-known anyone’s head. Because justice is not and painful truth, but it is inevitable the third power in the state as most when the justice and politics are politicians see it, but one of the three involved in a “flirtation” that can also be powers. Only when judges understand referred to “the wedding of corruption.” how much power and autonomy they The main problem of people’s distrust have, in the good sense of the word, will of the judiciary is the way it interacts the real change in this vital system for a give the candidates a certain score, with the political power - a mesalliance society begin. And here I would like to which the SCM has to take into account that gives birth to monsters such get back to the issue of integrity, without when making decisions, the SCM always as the captured state, kleptocracy, which there is no independence. sees other merits, consequently it ends and, more recently, the cartel state. up promoting other candidates than Unfortunately, we often have to watch I’ve said earlier that judges need to those who scored higher. these phenomena helplessly, and people understand that they have a lifetime rush and take to the streets to protest appointment - but who gives it to This is how the SCM understands as it was the case with the bank fraud... them?!. This would be the role and the application of the principle of The inability of justice to draw red lines mission of the SCM. It’s just that I meritocracy. Despite the fact that in when the politicians burst into it, leads personally don’t remember any period 2019 a 20 percent amount of the role of to sad social phenomena and has its say of time in which the SCM was associated the SCM was introduced in the decisions in the process of European integration. with the promotion of meritocracy within the competitions regarding the In addition, corruption is also a major or integrity in the judiciary, and not promotion in the judicial system, the security issue for the state, because you because it didn’t have the tools. What SCM puts each candidate to vote and can no longer control the processes, the representative of the Ministry of promotes who they want. It’s a vote the priorities being the transactions and Justice spoke earlier is about laws, but which I consider illegal. But it seems private interests, which can generate this does not matter much to the SCM.... that the fact that the law says otherwise anything - instability, lack of progress is not relevant for the members of the and, ultimately, security risks. Another issue is how judges enter the Superior Council of Magistracy as they system and, especially, how they are live in a truly parallel reality. As long Judges should probably understand that appointed into high-level positions. The as no one knows what is behind these they have been appointed for lifetime role of the SCM here, as a mechanism, votes, it doesn’t matter at all that the and not for four or five years as it is should be the same, whether it’s about meetings are broadcast online, etc. It’s a the case of the politicians. That is why judges’ appointment or promotion. travesty of transparency, nothing more. they should treat the relationship with It’s just that the de facto procedures The explanation would be that these the politicians from the position of the of the SCM are a real magic, and the are less orthodox methods, not to say “Immortal and cold morning star”. This role of mechanisms such as the Judicial directly that this is corruption, because too much loyalty of the justice to the Performance Evaluation Board or the I have no evidence ... And this is what ephemeral political actors should cease. Judges’ Selection and Career Board - everyone suspects. Moreover, justice should remind you which have very strict regulations, by the that its both eyes are tied and in one way - has been reduced to zero by the Compromising the concept of hand it has the sword which can take SCM. And, even though these Boards meritocracy is affecting severely the

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 Synthesis and Foreign Policy Debates 13 justice system, preventing the good accusing judges etc. After a while they are demotivated. People, in turn, see judges from entering the system or agreed to be presented it and, in the that people with integrity problems are their promotion. And the quantitative end, they said that it could even be being promoted and extrapolate this fact solutions proposed by the politicians useful and that they will vote for it and to the whole system. - to increase the composition of the will recommend it - which they did. Most SCM - do not help. The practice has not of all, I was surprised by their question if What would be the solutions to break changed at all. we can translate the Guide into English, this vicious circle? First of all, to to show it to the development partners challenge the actions of the SCM and to Regarding integrity, in my capacity as that they have such a thing. So, it was bring the SCM to the understanding that author of the Judicial Integrity Guide, I not a question of how to disseminate it must comply with the law. Perhaps the will tell you what was the emblematic and implement it, but how to boast extraordinary evaluation of judges would reaction of the SCM Ethics Commission about it to the donors. also be useful ... It is certain that the when I presented the guide to them. boundaries between politics and justice Initially, the members of this commission The result of the SCM’s disinterest in must be delimited. The politicians should have kept telling me for about half an these two basic principles - meritocracy make policies for the justice system and hour that they did not need such a and integrity – and of their undermining not politics. guide, that the people were wrongly leads to the fact that the honest judges

MARIANA RAŢĂ, investigative journalist, TV8: “Politicians can and must have a beneficial influence on the justice system by cleaning and rehabilitating it”

The fact that a media representative more than ten justice ministers, nine has also been invited to this panel is a governments, six heads of state. And step forward. Because no matter how almost all of them have said they cannot upset judges are about journalists and be blamed for the situation in the justice vice versa, we should all understand that system, because they draft policies, sign neither the public perception nor things decrees, but cannot intervene to clean in the justice system will change as long up the system. And as long as politicians as there is no healthy collaboration have this argument, things are not going which have made us bad publicity in the between the two powers. We are to change, although the politicians have world, were judged by magistrates under talking here about reforms, strategies, responsibility and can intervene. the five-year probation, e.g. Filat’s case, expectations and whether or not politics Shor’s case, Botnari’s case regarding should get involved into justice. My For more than four years, the the expulsion of Turkish teachers or answer would be ‘yes’ and I will explain Government and Parliament have the cancelation of elections ... Until why. not been able to find a consensus to the moment came and they have been amend an article of the Constitution endorsed by the politics to remain in the In the last ten years, in the Republic of regarding the five-year filter for judges system till reaching the age limit. I was Moldova we have had several justice in the system. There have already really ashamed when a judge told me reforms - an opportunity for the been three attempts to change this how he prayed that a case of obvious journalists, but also for the lawyers to in the Parliament, they went also political interest did not fall on him make jokes. They had different titles to the Constitutional Court with it, randomly, and as soon as it happened ... and different names of ministers next they voted in the first reading and ... he pretended to be “sick” so it has been to them. I’m not saying that nothing has that’s it! Where is the political will?!. I passed on to another judge. been done, we have to be honest and don’t believe in it anymore. Although objective - things are changing, only changing an article in the Constitution is This change had to be made ten years they are changing very slowly and not in much easier than making evaluations - ago, and it did not require any strategies a conceptual way. Consequently, these internal, external, etc. or reforms - just a quick fix. fragmented changes cannot produce effects. What does this five-year probation And here is another example. In the of judges mean? I will give you some last four years – during Igor Dodon’s In the last 15 years, we have replaced examples. Many cases of resonance, presidential term - 129 new judges have

Monthly Bulletin, Nr. 12 (178), december 2020 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected] DECEMBER 2020 14 Synthesis and Foreign Policy Debates entered the judiciary. That is, every fourth And some have appeared with clear clean up the system and enacting laws to judge out of more than 460 judges came instructions given by former President protect it from harmful influences. But into the system through a decree signed by Voronin to Mr. Muruianu how to judge it is also important to hold justice actors the head of state. Another 94 judges have certain cases. But did a criminal case accountable to society, so that we do not been appointed for until they reach the age follow? Has anyone tried to give a legal find ourselves with a closed corporate limit, 38 were promoted to the Court of note to those abuses?!. Nothing happened system. And judges and prosecutors have Appeal, and 43 to administrative positions. then, not even a year ago when other to decide on whose side they are – on testimonies have also appeared. the politicians’ or the citizens’ side. Only So, in the last four years, every second when they make the right choice will they judge has received the endorsement of What are the law institutions - the be able to free themselves from moral the president through the decrees signed Prosecutor’s Office, the NAC, the SIS - pressure. Ultimately, the citizens need by him on entering, staying or advancing doing to discourage the attempts of the to understand that you have to fight for in the system. Could the head of state politicians to interfere into the justice justice - to gain its independence first intervene to clean up the system? I think system? I have the feeling that in the and then to protect it -as we have seen it he did... Did he have the necessary tools? Republic of Moldova everyone is afraid happening across the Prut, for example ... I’m sure he did. The SIS was informing to open this black Pandora’s box and to him, so the President could object. Yes, recognize, already with the documents And in the end, we came up to the press, the mechanism says he can’t refuse a on the table, that this influence exists. which still has problems and needs to be second time. But I once checked how Judges and prosecutors should do so educated, in the sense that we do not many times he had objected - and I only through “present” denunciations, not have many journalists who understand counted about three or four cases. So, post-factum; their fellow prosecutors the mechanisms and phenomena of he did not even try to eliminate the - by opening criminal cases; and those the justice system. And when you don’t elements that didn’t comply with the from SIS - by reporting cases. But I am understand, you say it’s not interesting, requirements of the justice system. afraid that, for the time being, we have it’s complicated, it doesn’t bring rating, not crossed the psychological threshold etc. My suggestion, strange as it may And because so far, I have talked necessary to change this. seem, is to convince the press that the about the “good” part of the political independence of justice is as important as interference into the justice, I will also Politicians will always be tempted to the flooded streets, road accidents or the refer to the reverse of the medal. In influence justice and it is a common old woman from Etulia who reads eggs... our country, there is a phenomenon phenomenon all over the world, because that is talked about everywhere - in everywhere the interests are high. Let just convince the press it should the corridors of courts, in the offices of Therefore, it is counterproductive to not talk only about the lack of integrity prosecutors, etc. - and, to be honest, rely on re-educating the politicians. In of some actors in the judiciary, but it’s always in the past tense: ‘I was some states, however, the judiciary has also about the way the SCM works, influenced’, ‘I was proposed’, ‘I was asked’ managed to create protective barriers, for example. And especially about its ... after an oligarch fled the country or filters that work. But it all started with the transparency, if ... For this, however, after an influential politician lost his job. awareness of this fact by the actors in the the representatives of the judiciary I haven’t heard anyone reporting about justice system. “I don’t want to do what should start communicating in an honest pressure in the present tense. But what’s politicians tell me anymore”, this is where manner, proving that they really want next? it should start. And then the mechanisms change. Help the journalists understand can be applied. you and then they will help you to be I want to remind you of the year 2009, understood by people. when the power in Chisinau had changed My conclusion is that politics has to and documents began to be declassified. get involved in the judiciary, helping to Chisinau, 8 December 2020

The opinions expressed in the newsletter are not necessarily those of the Friedrich-Ebert-Stiftung (FES) or of the Foreign Policy Association (APE).

Foreign Policy Association (APE) is a non-governmental organization committed to supporting the integration of the Republic of Moldova into the European Union and facilitating the settlement of the Transnistrian conflict in the context of the country Europeanization. APE was established in fall 2003 by a group of well-known experts, public personalities and former senior officials and diplomats, all of them reunited by their commitment to contribute with their expertise and experience to formulating and promoting by the Republic of Moldova of a coherent, credible and efficient foreign policy.

Friedrich-Ebert-Stiftung (FES) is a German social democratic political foundation, whose purpose is to promote the principles and foundations of democracy, peace, international understanding and cooperation. FES fulfils its mandate in the spirit of social democracy, dedicating itself to the public debate and finding in a transparent manner, social democratic solutions to current and future problemsMonthly Bulletin, of the Nr.society. 12 (178), Friedrich-Ebert- december 2020 Stiftung has been active in the Republic of Moldova since October 2002. 64, Sciusev str. MD-2012, Chisinau, Republic of Moldova, Tel-Fax: +373 22 21 09 86 Website: www.ape.md E-mail: [email protected]