Anti-Corruption Self-Assessment Report for the Parliament of the Republic of Moldova

Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

June 2016 PEACE, JUSTICE AND STRONG INSTITUTIONS

PEACE, JUSTICE AND STRONG INSTITUTIONS

Author:

Franklin de Vrieze Senior expert

The “Anti-corruption self-assessment report for the Parliament of the Republic of Moldova” has been prepared by Franklin De Vrieze within the framework of the “Strengthening Parliamentary GovernanceAuthor: in Moldova” Project, implemented by the United Nations Development Programme (UNDP) in Moldova and funded by the Swedish Government. The views expressed in this Franklin de Vrieze document are those of the author Senior and expert do not necessarily represent the views of these institutions.

Printed on Recycled Paper

Design and layout: Bons Ofﬁ ces

Printed on Recycled Paper ISBNDescrierea CIP a Camerei Naționale a Cărții GAnti-corruptionDe Vrieze, Franklin. self-assessment report for the Parliament of the Republic of Moldova Vrieze, prepared Anti-corruptionby Franklin De Vrieze; self-assessment UNDP Moldova. report for the Parliament of the Republic of Moldova / Franklin de Bons Ofﬁ ces DesignVrieze and ; UNDP layout: Moldova. – Chisinau : S. n., 2016 (Tipogr. “Foxtrot”). – 88 p. AparePublished cu suportul with the financiar financial alsupport Guvernului Swedish Suediei. Government – 50 ex. – 50 ex.

ISBN 978-9975-89-041-0. ISBN328.185:343.352(478)(047) D 35 Table of Contents

Acronyms 5 Executive Summary 8

Introduction 10

A. Current context in Moldova 12

B. Conducting the assessment 13

1. The institutional framework 16

1.1. Anti-Corruption Strategy 16 1.2. National Anti-corruption Centre (NAC) 18 1.3. National Integrity Commission (NIC) 19 1.4. Parliament's role in implementation of anti-corruption policies 23

2. Legislative role of parliament 28

2.1. Anti-corruption "prooﬁ ng" of draft legislation 28 2.2. Example: law on political parties 30 2.3. Strategy for Justice Sector Reform 2011–2016 33

3. Oversight role of parliament 38

3.1. Instruments for parliamentary oversight 38 3.2. Oversight on implementation of legislation 39 3.3. Reports of public authorities 39

4. Budget role of parliament 44

4.1. Budget process 44 4.2. Cooperation between the Court of Accounts and the Parliament 45

5. Parliament's transparency and communication 50

5.1. Parliamentary openness and open data 50 5.2. Legal framework on parliament's openness and communication 51 5.3. Availability of information on the Parliament of Moldova 52 5.4. Social media policy of the Parliament of Moldova 53 5.5. Moldova e-parliament project 54

6. Ethics framework 58

6.1. Code of Conduct and Ethics for Members of Parliament 58 6.2. Code of Conduct and Ethics for staff in parliament 61 4 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

7. The international anti-corruption framework 64

7.1. Moldova Parliament and UNCAC 64 7.2. Moldova Parliament, Council of Europe, GRECO and PACE 65 7.3. Moldova Parliament and anti-corruption aspects of the EU Association Agenda 66

8. Conclusion: GOPAC Chapter for Moldova 70

9. Annexes 74

Annex 1. Bibliography 74 Annex 2. Mission agenda and list of interviews, July 2015 77 List of tables and charts 5

Acronyms

BASS National Social Insurance Fund/Budget CAPC Centre for Analysis and Prevention of Corruption CEC Central Election Commission CoA Court of Accounts CoCE Code of Conduct and Ethics CoE Council of Europe CSO Civil Society Organization EaP European Union Eastern Partnership EBRD European Bank for Reconstruction and Development EC European Commission EU European Union FAOAM Mandatory Health Insurance Fund/Budget FOI Freedom of Information GOPAC Global Organization of Parliamentarians Against Corruption GRECO Group of States against Corruption GTFs Global Task Forces IPU Inter-Parliamentary Union MDL Moldovan national currency - leu MIA Ministry of Internal Affairs MoJ Ministry of Justice MP Member of Parliament NAC National Anti-corruption Centre NAS National Anti-Corruption Strategy NBM National Bank of Moldova NGO Non-governmental organisation NIC National Integrity Commission ODIHR Ofﬁ ce for Democratic Institutions and Human Rights OECD Organisation of Economic Cooperation and Development OSCE Organisation for Security and Co-operation in Europe PACE Parliamentary Assembly of the Council of Europe RoP Rules of Procedure SIDA Swedish International Development Cooperation Agency UNCAC United Nations Convention against Corruption UNDP United Nations Development Programme 6 Functional and Institutional Analysis of the Secretariat of the Parliament of Moldova

Executive Summary Executive summary 7

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 8 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

The third chapter of the Study discusses the Executive Summary oversight role of the Parliament of Moldova in terms of anti-corruption. The Study examines The anti-corruption self-assessment report for the procedural instruments for Parliamentary the Parliament of Moldova has been drafted oversight and how they can be used to strength- against the background of sharply increasing en oversight on the implementation of anti-cor- interest and political developments at the high- ruption policies and legislation. The report est level, refl ecting the need to combat corrup- touches upon how Parliament uses these pro- tion in all sectors of public and political life. cedural oversight instruments in practice and to what extent the Parliament exercises oversight Over the last years, Moldova has introduced a through the information available from reports number of anti-corruption laws and policies. of public authorities. Moldova has ratifi ed and is a party to the United Nations Convention against Corruption (UNCAC). The fourth chapter of the Study discusses the The Parliament of Moldova has a major role in budget role of the Parliament of Moldova in overseeing that integrity, transparency and terms of anti-corruption. The Study examines anti-corruption policies and legislation are ef- the approval of the budget by the parliament fectively implemented. As such, UNDP Moldova and its oversight role on the implementation of commissioned the current anti-corruption par- the budget, in particular through the reports of liamentary self-assessment report, in consulta- the Court of Account (CoA). The report address- tion with the Parliament Committee on National es the role of the Committee on Budget, Finance Security, Defence and Rule of Law. The report and Economy. is based upon the Anti-corruption Assessment Toolkit, issued by UNDP and the Global Organi- The fi fth chapter of the Study discusses the zation of Parliamentarians Against Corruption transparency and communication practices of (GOPAC). the Parliament of Moldova. The Study examines fi ve specifi c issues: the policy questions The fi rst chapter of the Study discusses the Na- on Parliamentary openness and open data, the tional Anti-Corruption Strategy 2011-2015, the legal framework on Parliament’s openness and role of the National Anti-Corruption Centre and communication in Moldova, the availability of of the National Integrity Commission, and the information on the Parliament of Moldova, the Parliament’s role in the implementation of an- social media use in the Parliament of Moldova, ti-corruption policies. The report discusses the and the Moldova e-Parliament project, aimed at monitoring framework of the anti-corruption overcoming a number of gaps and challenges. strategy and proposals to reform the National Integrity Commission. The sixth chapter of the Study discusses the ethics framework of the Parliament of Moldova. The second chapter of the Study discusses the The Study examines the content and need for legislative role of the Parliament of Moldova in a Code of Conduct and Ethics (CoCE) for Mem- terms of anti-corruption. The Study examines bers of Parliament and for all staff working in the anti-corruption “proofi ng” of draft legisla- the parliament. The information in this chapter tion and analyzes one recently adopted piece of is the basis for the comprehensive proposal for legislation relevant to anti-corruption, the law a Code of Conduct and Ethics for Members of on political parties, in detail. The report also Parliament. This Code has been submitted as a discusses the Strategy for Justice Sector Reform separate document and is an attachment to this 2011–2016 and the pending legislation required report. in this area. Executive summary 9

The seventh chapter of the Study discusses the To put the anti-corruption self-assessment international framework for the Parliament’s report in an operational framework, an “Ac- role in anti-corruption. The Study examines the tion Plan” has been drafted with the aim to role of the Moldova Parliament towards UNCAC, strengthen parliament’s anti-corruption impact discusses the interaction between the Moldova and capacity. The “Action Plan” builds upon Parliament, Council of Europe, GRECO and PACE, the recommendations included in the different and assesses the anti-corruption dimension of chapters of the report. the EU Association Agenda.

The concluding chapter of the Study recom- mends the establishment of the GOPAC Chap- ter for Moldova. The chapter describes what are GOPAC National Chapters, their structure, membership and objectives, and the needed steps to creating a National Chapter of GOPAC. 10 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Introduction Introduction 11

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 12 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

pliance or as a result of limited political will to Introduction enforce them.

“In Moldova, corruption is endemic and system- Parliaments and Parliamentarians have an im- ic, entrenched in the full range of government portant role to play in combating corruption. institutions and at every level and includes state They have responsibility for the quality and ef- capture of key institutions to benefi t private interests. (...) In 13 fi elds in which Moldovans were fectiveness of legislation; for approving the na- surveyed for Transparency International’s 2013 tional budget and all government revenues and Global Corruption Barometer, just one fi eld (re- expenditure; for the oversight of the executive; ligious bodies) was rated on the “clean” side of and for representing the interests and views of the scale. The police, judiciary, public offi cials, and political parties are all considered extreme- constituents and non-governmental actors in ly corrupt, with ratings ranging from 3.9 to 4.3 the framing of national policy. All these func- on a scale on which 5 is the most corrupt. In the tions of a Parliament are highly relevant in the same survey, 53 percent of respondents found fi ght against corruption. corruption to be worsening.”1 Therefore, the Parliament of Moldova has a major challenge ahead, to establish itself as the fi rst public institution of trust that ensures and A. Current context in Moldova oversees that the integrity, transparency and anti-corruption policies and legislation are ef- This strongly worded assessment was expressed fectively implemented. The Parliament of Mol- by Moldova’s Development Partners in early dova is not on its own in this major challenge. 2015. The breathtaking developments in Moldo- There is a comprehensive set of international va in recent weeks seems to indicate that fi ght- policies, which can provide guidance, starting ing corruption has become the fi rst challenge with the United Nations Convention against and task for the institutions of the Republic of Corruption (UNCAC)2. There are also established Moldova. Today’s challenge provides an oppor- partners to rely on, such as UNDP and the Glob- tunity for the Parliament of Moldova to review al Organization of Parliamentarians Against its own role in policy setting and oversight over Corruption (GOPAC). UNDP and GOPAC published the actual implementation of anti-corruption the Anti-corruption Assessment Toolkit for Par- legislation. liaments,3 with the aim to support Parliaments for an in-depth baseline assessment as they In an effort to combat corruption over the last deepen their engagement against corruption. years, a number of anti-corruption laws and policies have been introduced, including as- The GOPAC-UNDP Anti-corruption Assessment set disclosure by public offi cials, successive Toolkit mentions that parliaments and MPs can national strategies for preventing and fi ghting corruption, a law on confl icts of interest, a code (2) The United Nations Convention against Corruption (UNCAC) of conduct for civil servants, a law on transpar- is the fi rst legally binding universal anti-corruption instrument ency in the decision-making process, a law on that provides States with a set of standards, measures and rules to prevent and combat corruption. It came into force in Decem- the National Integrity Commission, and stricter ber 2005, and has achieved near universal ratifi cation. UNCAC requires States Parties to align their anti-corruption policies, sanctions for corruption and illicit enrichment. procedures and legislation with the UNCAC articles, subject to Despite these raft of initiatives, most of the new the principles of their own legal systems where appropriate. The Convention foresees in prevention measures, criminalization and regulations have remained largely ineffective, law enforcement measures, international cooperation, asset recovery, technical assistance and information exchange. due to the lack of clear sanctions for non-com- United Nations Offi ce on Drugs and Crime, United Nations Convention against Corruption, New York, 2004 https://www. unodc.org/documents/treaties/UNCAC/Publications/Conven- (1) https://openknowledge.worldbank.org/bitstream/han- tion/08-50026_E.pdf dle/10986/21798/952500WP00PUBL0Briefi ngBook0english. (3) Anti-Corruption Assessment Tool for Parliamentarians, UNDP pdf?sequence=1&isAllowed=y and GOPAC, 2013, New York, 48 p. Introduction 13

(1.) play an active role in the design and imple- fi cials, anti-corruption offi cials, civil society and mentation of a national anti-corruption strate- international experts. The list of 46 interviews gy, the establishment and strengthening of rele- has been put in the annex; (3.) the responses of vant national anti-corruption body/bodies, and Members of Parliament to the Questionnaires in framing and reviewing relevant legislation; prepared for this assessment. (2.) promote the UNCAC and play an important The assessment has thus implemented a spe- oversight role in the monitoring and review of cifi c methodology. Based upon the GOPAC-UN- national efforts to implement and domesticate DP Anti-corruption Assessment Toolkit, we the Convention (including by identifying gaps in developed four different Questionnaires: on the implementation of its provisions); (3.) col- anti-corruption policies and institutions, on fi - laborate with the executive in strengthening an- nancial oversight, on parliament transparency ti-corruption policies and procedures; and (4.) and communication, and on the ethics frame- assist in developing coalitions of civil society work. The content of the four questionnaires in- organisations and other stakeholders to sup- cludes all content of the UNCAC and was further port full compliance with UNCAC. fi ne-tuned based on the specifi city of the institutions in Moldova, the country’s interaction with the Council of Europe and GRECO, and the B. Conducting the assessment recent developments in the process of Associa- tion with the EU. The fi ndings of this report will In July 2015, UNDP Moldova and the Parliament be relevant in light of the commitments made Committee on National Security, Defence and by Moldova under UNCAC and the EU –Moldova Rule of Law commissioned a Parliamentary Association Agreement. assessment on anti-corruption, based on the UNDP-GOPAC Anti-corruption Assessment Tool. To put the current anti-corruption self-assess- As a parliamentary development expert, I have ment report in an operational framework, we been asked to lead the assessment exercise. have drafted an Action Plan to strengthen parliament’s anti-corruption impact and capacity. In The report has been structured in a way that addition, we have drafted a ‘Code of Conduct and addresses all issues covered by the different Ethics’ for Members of Parliament, accompanied chapters of the UNCAC. Hence, the report focus- by a best practices comparative analysis report. es on the Parliament’s role in: (1.) anti-corruption planning and monitoring, including coop- We are confi dent that these documents will be eration with the main anti-corruption agencies; a valuable contribution in order for the Parlia- (2.) the legislative and oversight role of Par- ment of Moldova to address the current chal- liament, including oversight on the execution lenge of shaping and overseeing anti-corrup- of the budget; (3.) Parliamentary accessibility, tion policies in Moldova. transparency and availability of information; (4.) the ethics framework, leading to the de- Finally, I would like to express our appreciation velopment of a Code of Conduct and Ethics for to the Members and staff of the Parliament of Members of the Parliament. Moldova, anti-corruption organizations and civil society for the kind discussions held and insights The report was drafted based on a variety of provided. The support provided prior to, during sources. It has been drafted based on (1.) an and after the in-country mission by the UNDP extensive review of relevant legal and policy parliamentary project is much appreciated. documents; (2.) the insights provided during the in-country mission in July 2015, by Members of Franklin De Vrieze. Parliament, staff of Parliament, government of- 14 Anti-corruptionFunctional and Institutional self-assessment Analysis report of forthe theSecretariat Parliament of the of the Parliament Republic of of Moldova Moldova

The institutional 1 framework The institutional framework 15

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 16 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

mentation, regular action plans, and the fi nan- 1. The institutional cial contribution from each institution’s budget. framework In reference to one of the questions in our Questionnaire, it appears that parliamentarians In this section of the report, we will discuss the National Anti-Corruption Strategy, the role of have not been involved in preparing the Strate- the National Anti-Corruption Centre and of the gy. However, during the legislative process MPs National Integrity Commission, and the Parlia- were involved in the debates and the Strategy ment’s role in the implementation of anti-cor- was approved by the Parliament, following the ruption policies. Referring to our Questionnaire on anti-corruption policies, this section of the positive advise of the Legal Department of the report will also discuss the monitoring frame- Parliament. work for the anti-corruption strategy 2011-2015 and whether the Parliament has discussed the The Strategy assigns specifi c responsibilities for progress in implementation of the anti-cor- its implementation to different institutions, and ruption strategy, the role of the Parliament in establishes performance indicators. The previ- safeguarding the independence of the National Anti-Corruption Centre and National Integrity ous Strategy for 2004-2010 had no performance Commission. This section of the report is relat- indicators and no clear action plans, where as ed to the chapter “Anti-corruption planning and the current Strategy for 2011-2015 does have an monitoring” in the GOPAC-UNDP Anti-corruption Toolkit (p. 12-16) and UNCAC articles 5, 6, 10, 36. action plan and relevant performance indicators. The previous Strategy was also hampered by an apparent lack of political will to adopt the required anti-corruption legislation and a lack 1.1. National Anti-Corruption Strategy of separate funding for the implementation of 2011-2015 the measures foreseen in the Strategy. During the time of the current strategy, several key piec- The general framework for Moldova’s anti-cor- es of legislation have been adopted. However, ruption policies is provided for in the “National the issue of lack of separate funding remains.4 Anti-Corruption Strategy 2011–2015”. Its stated The Ministry of Finance considers that the ben- goal is to reduce the level of corruption in the efi ciary institutions of anti-corruption policies public and private sectors in the Republic of should come up with the fi nancial means to Moldova. The Strategy’s general objectives are implement the proposed actions themselves. “transforming corruption from a low-risk activ- Although, there is a considerable risk that, if ity with benefi ts into an inconvenient and high- an institution has no interest in implementing risk activity” and “contributing to the creation specifi c actions, it will state that there are no of a zero-tolerance environment towards cor- suffi cient fi nancial means. In the absence of fi - ruption in Moldova.” The expected results of the nancial resources specifi cally assigned from the implementation of the Strategy are (amongst Moldova state budget, a new UNDP project will others) that the national regulatory framework assist the National Anti-corruption Centre (NAC) is adjusted to the international anti-corrup- in drafting legislation and will provide addition- tion standards, and that national legislation al advice. A new EC twinning project with the on anti-corruption is functional and applicable NAC will provide technical input as well as much for the prevention and effective fi ght against needed infrastructure investments. corruption. The Strategy includes the research component, the legislative component, the institutional component, and the educational and (4) “Evaluation Report on Implementation of the National An- public communication component. The Strategy ti-corruption Strategy for the years 2011–2015 (2011–2013),” in: Moldova Report, East Europe Foundation, www.eef.md/media/ includes a system of monitoring of its imple- fi les/fi les/nas_evaluation_report__2012_-_2013__997936.pdf The institutional framework 17

Over the past fi ve years, the approval of the representative from the Offi ce of the President Action Plans for the Anti-Corruption Strategy of the Republic, the Parliamentary committee, in Parliament took considerable time (delays the Court of Accounts, the Superior Council of were due to elections or the ongoing political Magistracy, the National bank, the Secretary negotiations). As a result, only 3.5 years of the General of the Government, the Deputy Minis- fi ve-year implementation period were covered ters of Justice and Finance, CSOs, and others. by Action Plans. It would thus make sense to ex- The Monitoring Group has met on quarterly tend the timeline of the current Anti-Corruption basis to review the progress in implementing Strategy until the end of 2017. Such an extended the Strategy. The Member of the Parliamentary period of time for implementation will coincide Committee did not raise any specifi c questions. well with the agenda of the EU-Moldova Associ- The former Member was usually delegating one ation Agreement. of his advisers to participate, so the involvement was pro-forma and limited. Over the past years, the implementation of the current Strategy was mainly focussed on cen- The Parliament of Moldova receives annual, tral-level institutions based in Chisinau, with semi-annual and quarterly progress reports on little outreach beyond the capital. It will be the Strategy implementation from the Secretar- important to ensure that the Anti-Corruption iat of the Monitoring Group . It is also informed Strategy be better implemented throughout the on the work of the NAC as one of the MPs who country, for instance by developing regional / is member of the same Parliamentary Commis- local anti-corruption strategies and adopting sion for National Security, Defence and Public regional / local integrity plans. Order is also the member of the National An- ti-Corruption Centre›s Board. So, at its quarterly In reference to one of the questions in our meetings every member receives the Report on Questionnaire the Parliament of Moldova has the NAC’s activity from the previous time period determined that the Committee on National Se- (quarter, semester, year). curity, Defence and Rule of Law is responsible for the parliamentary oversight over the An- In 2015, in order to support Parliamentary con- ti-Corruption Strategy. Over the last couple of trol over the implementation of anti-corruption years, the Committee received an annual report legislation and the National Anti-corruption on the implementation of the Strategy, but the Strategy for 2011-2015, the NAC informed the reports have not been discussed in the plena- Parliamentary Committee for National Securi- ry session of Parliament and no feedback has ty, Defence and Public Order on the monitoring been provided to the Anti-Corruption Centre on report conducted by the Monitoring Group of the content of the reports. the NAS, regarding the normative acts to be adopted, amended or supplemented, referring During the previous Anti-Corruption Strategy to actions to be undertaken by NAC. The NAC 2004-2010, there existed a High level Anti-Cor- Board was informed on the implementation of ruption Council, chaired by the President of the international anti-corruption instruments the Republic, that brought together the Prime and improvement of the legislative framework Minister, the Speaker of Parliament and other aimed at creating important administrative senior level offi cials. Its objective was to resolve tools for preventing corruption. any issues at the highest political level, however in practice the Council only met very sporadi- cally. Under the current Anti-Corruption Strat- egy 2011-2015, a Monitoring Group for the An- ti-Corruption Strategy was created, including a 18 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Recommendations: 1.2. National Anti-corruption Centre (NAC)  It is recommended that the Parliament adopts a Law to extent the timeline of the Among the major achievements at the institu- current Anti-Corruption Strategy to Decem- tional level in the fi eld of anti-corruption are ber 2017, and that the Parliament adopts a the establishment and strengthening of several new Anti-corruption Action Plan 2016-2017. anti-corruption bodies. A major role in the prevention and combating of corruption is given to  It is recommended that the Parliament en- the National Anti-corruption Centre (NAC). sure that the state budget foresees in separate budget lines for the specifi c measures In 2012, the Centre for Combating Economic foreseen for the implementation of the An- Crimes and Corruption - established in 2002 - ti-Corruption Strategy. These budget lines was transformed into the NAC. Unlike its pre- can be fi nanced by a percentage of the mon- decessor, the competences of NAC include ey gained from confi scated assets in the preventing and fi ghting corruption, money fi ght against corruption. laundering and terrorism funding, conducting anti-corruption expertise on draft laws, super-  It is recommended that the Committee on vising and assisting public institutions in con- National Security, Defence and Rule of Law ducting internal corruption risk assessments, reviews a progress report on the implemen- and elaborating integrity plans. The NAC also tation of the Anti-Corruption Strategy every holds the position of Secretariat of the Working six months, report about it to the plenary Group for Monitoring the Implementation of the two times a year, and proposes to Parlia- National Anti-corruption Strategy. ment the adoption of a motion in plenary session. In recent years, the NAC has gone through a number of institutional changes. In October  It is recommended that a Member of Parlia- 2012, the appointment of the Director of the NAC ment, rather than an advisor, participates in was made based on merit and the responsibility the meetings of the Monitoring Group for the for the selection was assigned to the Parliament Anti-Corruption Strategy and communicates Committee for Legal Affairs, Appointments and on a regular basis the fi ndings and conclu- Immunities. It was decided that the NAC budget sions of the discussions in the Anti-Cor- would be directly approved by the Parliament. ruption Strategy Monitoring Group and NAC Later during the same month of October 2012, Board to all members of the Parliamentary the Justice Reform Strategy was adopted. As a Committee on National Security, Defence result, when the NAC wanted to open an inves- and Rule of Law and put the fi ndings on the tigation against a person, it had to notify the agenda of the Committee. person in advance. This negatively affected the fi ght against corruption, and in July 2014, that decision was reversed. In early 2013, NAC investigations against high state offi cials (such as the Head of the Tax Administration, Deputy Secre- tary General of the Government and the Minister of Health) contributed to a political crisis and the government was dismissed in March 2013. In May 2013, the new government brought the NAC back under government supervision, contrary to the provisions in the Visa Liberalization Ac- The institutional framework 19

tion Plan agreed with the EC. The appointment 1.3. National Integrity Commission procedure for the Director of the NAC changed. (NIC) It switched from a recruitment based on merit, to an appointed position decided by the Presi- The other important institutional pillar of Mol- dent of the country upon the recommendation dova’s anti-corruption system is the National of the Prime Minister. In addition, the criteria Integrity Commission (NIC), set up in December for dismissal were removed, allowing for possi- 2012. The competences of the NIC include su- ble arbitrary dismissal. However, the Parliament pervising and enforcing the implementation of Committee for Legal Affairs, Appointments and three policies aiming at preventing corruption Immunities still needs to conduct the selection in the public service declaration and control of procedure before the Prime Minister can nom- incomes and assets, confl ict of interests, and inate a candidate to the President. It was also incompatibilities.5 Once a year, all Moldovan of- decided that the NAC budget be part of the gov- fi cials have to submit two declarations to the ernment budget. NIC: a declaration of incomes and assets, and a declaration of interests. The offi cials have to In 2016, it is expected that the institutional submit these declarations within 15 days of tak- set-up of the NAC will be changed again. The ing up their position and when leaving the po- EU-Moldova Association Agreement Agenda sition. Currently, there are around 65,000 public lists the required changes to guarantee the offi cials in Moldova, which means that the NIC independency of the NAC. It is recommend- receives around 130,000 declarations annually. ed that, by 31 March 2016, the Parliament will adopt legislation to confi rm the public contest In 2014, the NIC initiated 354 controls (as com- for the Director position, to restate the grounds pared to 120 in 2013). Amongst others, the NIC for appointment and dismissal of the Director, verifi ed the declarations of 5 Members of Par- and to re-assign the responsibility for approv- liament and 19 Ministers and Deputy Ministers ing the budget of the NAC to the Parliament. in the government. In 2013-2014, the NIC iden- Parliament approval of the budget implies that tifi ed 54 cases of violations of the provisions the proposed budget is analyzed and discussed of the declaration of incomes and property, 50 in public and with representatives of different cases of violations of the provisions of confl ict political parties present within the Committee of interest, and 18 cases of violations of the on Budget, Finance and Economy. provisions of incompatibilities (6 of whom were Ministers). A total of 57 cases have been reported to the General Prosecutor’s Offi ce and 56 Recommendations: cases to the NAC.6 However, there are very few actual prosecutions of the cases sent to court.  It is recommended that the Parliament adopt The NIC is a collegial institution consisting of legislation to strengthen the independency fi ve members appointed by Parliament for a of the NAC by establishing the public contest mandate of fi ve years. Three members are pro- and merit-based procedure for the selection posed by the Parliamentary majority, one mem- of the Director, restating the grounds for ap- ber by the Parliamentary opposition and one by pointment and dismissal of the Director, and re-assigning to the Parliament the responsibility for approving the budget of the NAC. (5) Law no 16/2008 on confl icts of interests and Law no 1264/2002 on declaration and control of income and property of public offi cials, judges, prosecutors, public servants and persons with the management positions. (6) National Integrity Commission, Annual Activity Report, Chisi- nau, 2014, 34 p. 20 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

civil society. The NIC is chaired by a president October 2014 the Ministry of Justice created a appointed by the Parliament among members working group, which drafted a legislative pack- of the NIC and is assisted by a deputy. age on the reform of the NIC and the mechanism of the declaration of assets, confl icts of An essential weakness of the NIC is the fact interests of the public offi cials.7 The package that the Law on the NIC does not clearly spec- comprised three draft laws, namely: (1.) the ify the duties of NIC’ members. On the one draft Law on the declaration of assets (wealth) hand, the Parliament offers an equal mandate and personal interests (2.) the draft Law on the for all members of the NIC. On the other hand, National Integrity Centre (3.) the draft Law on the Parliament appoints a Chairperson among the amendments of certain legislative acts. The members of the NIC. The President has powers following is a summary of the three draft laws, established by law, while there are no such which Parliament is expected to approve, once provisions for the members. NIC members are these draft laws are tabled in Parliament. high offi cials, but without clear executive powers. Such ambiguity of mandates and respon- (1.) The draft Law on the declaration of assets sibilities has caused problems in recent times. (wealth) and personal interests would system- The NIC has been undermined by internal con- atize provisions of the Law on confl icts of inter- fl icts almost permanently, which affected its im- ests and the Law on declaration and control of age and credibility in the society. It seems that income and property in a single legislative act. these confl icts are inherent to the legal frame- It provides for a unique form of declaration of work and are not caused primarily by the cur- assets and personal interests, moving beyond rent persons at the NIC. In other words, if the the duplication of declarations that offi cials are law is not changed these confl icts are likely to obliged to submit each year by 31 March. The re-appear, even with newly appointed members draft law extends the number of the goods that and Chairperson. are subject to declaration, foresees in an online system of submission of the declarations A particular challenge for the NIC is providing of assets and personal interests, and defi nes a justifi cation for its decisions. Due to the col- more clearly the concept of confl ict of interests. legiality status of the institution, and because The draft law establishes that the declaration decisions are taken by majority vote of NIC’s of confl ict of interest should be a written dec- members, in several cases the sole reasoning laration, that is registered in a special public for a decision was the outcome of the vote. register8. The draft law regulates the procedure There is need for a clear rationale of decisions of solving the confl icts of interests of the Pres- based upon the fi ndings on wealth, confl icts of ident of Republic of Moldova, Prime Minister, interest or incompatibilities. The NIC credibili- members of the Government, members of the ty is undermined when the members’ appoint- Parliament, Prosecutor General, and Chairman ments are based on political criteria as it has of the Superior Council of Magistrates and su- been proven to be problematic for people who are politically appointed to overlook violations of people of their own political orientation. The (7) Reference Actions 4, 5, 6 and 23 of the Action Plan for the pe- NIC effi ciency is undermined due to the limited riod 2014-2015 on the implementation of the 2011-2015 Anti-Cor- ruption Strategy. access to the databases of other state bodies (8) For the declarations to be publicly accessible, there is need to and the lack of effi cient control of assets of distinguish between two levels. The fi rst level of information can be accessible to CSOs, media and interested individuals (taking public servants abroad. into account the need to respect privacy). The second level of information (including all info) should be accessible to law en- In view of these challenges and in order to forcement agencies. There is need to engage CSOs in the debates for the design of the database, and how it should work, which enable the NIC to perform its duties better, in sources of information should be included, to which sources it should be connected (e.g. there might be a database of the MoI). The institutional framework 21

perior Council of Prosecutors etc. Finally, the cy to the Integrity Council, its members will be draft law establishes certain categories of sanc- appointed by the Parliament. tions such as warning, reprimand, and severe The draft law creates a new public offi cial posi- reprimand in cases when the subject of decla- tion called an “integrity inspector”. It is envis- ration committed a violation of the legal regime aged that there will be 30 integrity inspectors10, of the confl icts of interests. responsible for the controls of assets, wealth, (2.) The draft Law on the National Integrity Cen- confl icts of interests, incompatibilities and re- tre proposes the reorganization of the current strictions. The integrity inspectors are selected National Integrity Commission into the Nation- through a competitive and transparent proce- al Integrity Centre with the aim to provide the dure, and will have functional independence in institutional and operational independence handling cases similar to other civil servants and excluding direct political control. In this re- with control powers in other public institutions. spect, the management of the National Integrity The draft law establishes new competences: the Centre will be ensured by a chairperson and a competence to apply contravention sanctions deputy chairperson, appointed by the President and the competence to require the courts to of the Republic of Moldova, after being select- seize the unjustifi ed assets of public offi cials in ed following a competitive process. The com- cases when the integrity inspector establishes petition for selecting the chairperson and the that there is an unjustifi ed difference between deputy chairperson is organized by the Integrity the declared property and obtained revenues of Council consisting of seven members. Hence, the offi cial. The draft law gives up on the idea the proposed new law retains the collegial body of strict verifi cation of declarations of assets by prescribed by the legislation in force today, but extending the scope of control to control over changes its role, procedure of functioning and the existing wealth (assets) of the public offi - appointment. The Integrity Council is trans- cials obtained during the exercise of the public formed into a body that oversees the integrity offi ce. The draft law also establishes the rule policies implemented by the NIC, but without that if the person under review is married, in having any involvement in control procedures. concubine, or fi nancially dependent on the per- The members of the Integrity Council will in- son under review, the verifi cation of the wealth clude journalists, civil society and persons that will be extended to wealth of his / her spouse, are not and have not been, for the past two concubine / concubine and, where appropriate, years, members of a political party. the fi nancially dependent person. The draft law brings a signifi cant improvement (3.) The draft law on the amendment of certain in the procedure for electing the management legislative acts aims to bring all existing legis- of the NIC, by making this process competitive, lation into line with the provisions of the draft transparent and open to all. It eliminates any Law on the declaration of assets and personal source of controversy concerning possible po- interests and the draft Law on the National In- litical infl uence in the procedure of control, but tegrity Centre and to ensure the realization of simultaneously ensures a checks and balances system required for an effective operation of the NIC.9. Moreover, in order to ensure legitima- http://ec.europa.eu/dgs/home-affairs/e-library/documents/ policies/organized-crime-and-human-trafficking/corruption/ docs/acr_2014_en.pdf and http://ec.europa.eu/dgs/home-af- (9) The Integrity Council will operate basically as an interface be- fairs/what-we-do/policies/organized-crime-and-human-traf- tween NIC and the political world of the Republic of Moldova, be- fi cking/corruption/anti-corruption-report/docs/2014_acr_roma- ing similar to the system implemented in Romania and highlight- nia_chapter_en.pdf. ed by the EU Commission as a best practice at European level in (10) Currently, the NIC has 50 staff persons of which 26 persons the fi rst report on anti-corruption policies in EU member states. do content-related work. 22 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

international commitments assumed by Moldo- Recommendations: va in regard to the EU (when referring to the procedure for civil forfeiture of unjustifi ed wealth).  Following the submission of these three It will be an organic law amending 47 current draft laws to Parliament by the new govern- laws, including, amongst others, amendments ment, it is recommended that the parlia- aiming at ensuring the National Integrity Cen- ment committee conduct a public hearing tre’s free access to databases/registers held by with institutional stakeholders, CSOs, think other authorities and which are necessary to tanks, national and international experts achieve NIC’s tasks in the fi eld verifying assets on these three draft laws, thus further high- and confl icts of interest. lighting their importance and increasing public awareness and support. These three new draft laws have been prepared under the previous government. They are pend-  It is recommended that the Parliament ing formal submission to the Parliament by the adopt these three draft laws with a view to current government. In April 2015, the EC and enable the establishment of the National In- CoE made a positive assessment of these draft tegrity Centre in 2016. laws, pointing to some highly effective features,  It is recommended to foresee in a detailed such as the online submission of and online briefi ng and related training sessions for public access to declarations, access to banking MPs (and senior Parliamentary staff) on how data to facilitate the verifying of declarations, to effi ciently fi ll in the new declaration form the obligation of all natural or legal person to in the on-line format. provide data within a given time-limit relevant for the verifi cation within a given time-limit,  It is recommended that the Parliament elect and sanctions for wrongful declarations.11 the seven members of the National Integrity Council without undue delay after adopting the law on the National Integrity Centre.

(11) CoE/EU Eastern Partnership Programmatic Co-operation Framework (PCF), Assessment of Three Draft Laws: “On the declaration of wealth, personal interests, conﬂ icts of interest and gifts”, “On the National Centre for Integrity”, “Amending and Supplementing Certain Legislative Acts”; Drafted by Dr. Tilman Hoppe, reviewed by Vera Devine, and input provided by Valts Kalnins, Council of Europe experts, April 2015, 88 p. The institutional framework 23

1.4. Parliament’s role in Moldova is a party to the international “Con- implementation of anti-corruption vention for the protection of individuals with policies regard to automatic processing of personal data” (Strasbourg, 28.01.1981). The Convention Over the last years, the Parliament of Moldova stipulates that each Party shall designate one has adopted anti-corruption legislation, which or more authorities to implement this conven- establishes different agencies and institutions tion.12 In the same way, the Directive 95/46/EC of which each have their own specifi c responsibil- the European Parliament and of the Council of ities. However, the Parliament still has a role to 24 October 1995 on the protection of individuals play once the law has been voted on. Often the with regard to the processing of personal data Parliament has a responsibility for the imple- and on the free movement of such data,13 stip- mentation of specifi c aspects of the anti-cor- ulates that each Member State of the EU shall ruption legislation and policies. This is partic- provide that one or more public authorities are ularly the case in terms of the appointment of responsible for monitoring the application of senior staff of the agencies or in terms of safe- the provisions within its territory adopted by guarding their independence. the Member States pursuant to the Directive. Both the Additional Protocol to the above men- As mentioned above, the National Anti-corrup- tioned Convention and the Directive 95/46/EC tion Centre in 2013 was brought under govern- establish explicitly that these authorities shall ment supervision, the appointment procedure act with complete independence in exercising for the Director of the NAC changed and the NAC the functions entrusted to them. budget became part of the government budget. Additionally, it was recommended above In this context, according to the Law Nr. 17-XVI of 15.02.2007 on personal data protection, the that the Parliament change the applicable leg- authority responsible for the control over the islation to change these provisions and thus compliance of personal data processing with strengthen the independency of the NAC. As re- the present law provisions in the Republic of gards to other institutions, Parliament has a key Moldova is the National Centre for Personal role to play in ensuring their functionality and Data Protection. For the implementation of this independency. As mentioned above, the Central law, the Law Nr. 182-XVI of 10.07.2008 regarding Election Commission has an important role in the approval of the Statute, structure, staff-lim- the oversight of the implementation of the new it and fi nancial arrangements of the National political party legislation. It is thus important Centre for Personal Data Protection was adopt- that the Commission is given suffi cient fi nancial ed. On the basis of these laws, the Centre ob- and human resources to execute their respon- tained the status of an autonomous public au- sibilities. thority, independent of other public authorities, In a similar way, the Parliament of Moldova has natural persons and legal entities. a specifi c responsibility towards the National Centre for Personal Data Protection, which we will discuss in some more detail in the following paragraphs. (12) The Additional Protocol to the Convention for the protection of individuals with regard to automatic processing of personal data, regarding supervisory authorities and trans-border data fl ows (Strasbourg, 08.11.2001) says that each Party shall provide for one or more authorities to be responsible for ensuring compliance with the measures in its domestic law giving effect to the principles stated in Chapters II and III of the Convention (dealing with basic principles for data protection and trans-border data fl ows) and in this Protocol. (13) http://www.datepersonale.md/fi le/Directiva_95_46_en.pdf 24 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

The Centre’s aim is to protect the fundamental At the end of his fi ve-years mandate, Mr. Va- freedoms and rights of natural persons, espe- sile Foltea has resigned as deputy director of cially the right for private life regarding the pro- the Centre, on his own will. Mr. Vitalie Panis still cessing and trans-border transfer of personal holds the position of director of the Centre, data. though his mandate expired on 13.11.2013. Par- liament has not appointed any another person The staff of the Centre consists of public ser- to the positions of director and deputy director vants and contracted employees, employed of the centre. This is a considerable burden to through a contest within the provisions of the the functioning of the Centre. legislation in force. In the fulfi lment of their duties, the offi cials of the Centre are allowed to have free access to the premises and territory Recommendations: of personal data holders and to the necessary documents, except for the documents that con-  We recommend that the Parliament legal tain information qualifi ed as a state secret. With Committee on Immunities and Appoint- the view of consulting and assisting the Centre, ments select the new Director and Deputy the Consultative Council of the Centre is created Director of the National Centre for Personal on a voluntary basis. The Chairman of the Con- Data Protection as soon as possible. sultative Council is the Director of the Centre.  We recommend that the Parliament guaran- The Centre is led by a Director appointed for a 5 tee the functioning and independence of the year mandate by the Parliament by the majori- National Centre for Personal Data Protection ty of votes of the elected deputies. A candidate through the allocation of suffi cient budget for Director can be nominated by the Chairman and staffi ng structure. of the Parliament, a parliamentary fraction or at least 15 deputies. The person appointed as  As Parliament has adopted the new law on Director may not hold this post for more than political parties funding and campaign fi - two consecutive mandates. The Director is as- nancing (April 2015), it is recommended that, sisted by a Deputy Director, appointed by the within the next two years (before the end Parliament, on the proposal of the Director of of 2017), an external, independent expert the Centre, for a 5 year mandate. During the ab- review be conducted on the compliance of sence of the Director of the Centre, the Deputy the new law with OSCE/ODHIR and GRECO Director temporarily carries out the duties of recommendations as well as on the level of the Director. enforcement of the law. The fi ndings of this expert review can be taken on board in the Through the Parliament Decision 233 of framework of the policy dialogue between 13.11.2008, Mr. Vitalie Panish was appointed as Moldova and the EU related to the EU-Mol- Director of the National Centre for Personal dova Association Agreement. Data Protection and through the Parliament De- cision Nr. 08 of 03.02.2009, Mr. Vasile Foltea was appointed as Deputy Director of the National Centre for Personal Data Protection.14

(14) Organizational chart of the Centre: http://www.datepersonale.md/en/organigrama/ ; Internal regulations of the Centre: http://www.datepersonale.md/en/interne/ The institutional framework 25

 It is recommended that the Parliament’s  Following the adoption of the new law on Committee for Legal Affairs, Appointments the National Integrity Centre, it is recom- and Immunities discusses, at least once mended that the Parliament elect the seven a year, the report of the Central Elections members of the National Integrity Council Commission covering initiatives taken to im- without delay. plement and enforce the new law on political parties funding and campaign ﬁ nancing. 26 Anti-corruptionFunctional and Institutional self-assessment Analysis report of forthe theSecretariat Parliament of the of the Parliament Republic of of Moldova Moldova

Legislative 2 role of Parliament Legislative role of Parliament 27

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 28 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

identify provisions which are likely to generate 2. Legislative role of or to favour corruption and related acts and/ Parliament or acts of corruptive behaviour, and to provide recommendations to exclude or reduce the In this section of the report, we will discuss the eventual effects of the corruptibility of the legal legislative role of the Parliament of Moldova in provisions.16 The NAC has developed its specif- terms of anti-corruption. We will discuss the an- ic methodology for anti-corruption proofi ng of ti-corruption “proofi ng” of draft legislation. We will analyze in detail one recently adopted piece legislation, with specifi c attention to its regula- of legislation relevant to anti-corruption, the tory impact, the economic-fi nancial justifi cation law on political parties. Referring to the Ques- of the draft law, and the promotion or impair- tionnaire on Anti-corruption policies (Question: ment on group or individual interests.17 Which legislation relevant to anti-corruption has not yet been approved ?), this section of the Civil society conducts its own anti-corruption report will also discuss the Strategy for Justice Sector Reform 2011–2016 and the legislation re- proofi ng of draft legislation. The Centre for quired in this area. This section of the report is Analysis and Prevention of Corruption (CAPC) related to the chapter “Anti-corruption planning conducts anti-corruption proofi ng when draft and monitoring” in the GOPAC-UNDP Anti-corruption Toolkit (p. 12-16) and UNCAC articles 5, laws are submitted to Parliament and are sub- 10, 63). sequently posted on the Parliament’s website. The CAPC has developed its own tested methodology, roster of national and foreign experts, and electronic template. 2.1. Anti-corruption “proofi ng” of draft legislation The Parliament Rules of Procedure require that all draft laws registered in Parliament, including As part of the country’s anti-corruption strat- private Member bills, need to have anti-corrup- egy, a policy for anti-corruption “proofi ng” of tion proofi ng conducted by the NAC. The NAC re- draft legislation has been adopted. This proof- port on any draft law is part of the documents, ing represents the process of assessing the which all MPs receive when voting on the legis- compliance of the contents of draft laws with lation. The Parliament’s Legal Directorate makes national and international anti-corruption a general assessment of the draft law, reviewing standards, with the purpose to identify corrupt- its constitutionality, compatibility with EU legis- ibility factors and to develop recommendations lation, international commitments, compliance to exclude them or reduce their effects.15 The with the legislative procedure, gender consid- NAC is mandated to prepare an anti-corruption erations and anti-corruption proofi ng, based proofi ng of draft legislation prior to the govern- upon the reports of the NAC and CAPC. In other ment’s fi nal approval of the draft law and pri- words, the review of draft legislation on cor- or to it being forwarded to the Parliament. The ruption risks is part of an overall assessment objectives of the NAC proofi ng of draft legisla- of the proposed legislation; there is no specifi c tion are to identify provisions which contradict or separate anti-corruption proofi ng by the Par- or do not adequately comply with the national and international anti-corruption standards, to (16) The factors of corruptibility may be conventionally divided as follows: ambiguous linguistic formulation, confl ict between legal provisions, inside and outside reference provisions, excessive (15) “Corruptibility” represents the eventual capacity of the legal discretion of public authorities, excessive requirements for ex- provisions to generate or favour, upon enforcement, corruption ercising the rights of persons, limited access to information and and related acts and/or acts of corruptive behaviour. “Factors of lack of transparency, lack/insuffi ciency of control mechanisms, corruptibility” are the normative constructions and solutions, inadequate responsibility and sanctions. including omissions, which, upon enforcement, generate or en- (17) National Anti-corruption Centre, Methodology on Conducting hance the risk of the occurrence of corruption and related acts Anti-Corruption Proofi ng of Draft Normative Acts, Ordinance 62, and/or acts of corruptive behaviour. Chisinau, 19 April 2013, 7 p. Legislative role of Parliament 29

liament administration. Within the legislative Directorate is required to submit a Memo to the process in Parliament, the committees provide Speaker of Parliament. a formal, political endorsement of the draft law. Another challenge to the legislative process is The Legal Directorate sends its consolidated the reintroduction of amendments, which have overview of all aspects of analysis, including the been discussed and rejected at the Committee EC Acquis compliance table, and recommended stage in plenary session. When adopting these solutions to resolve identifi ed issues to the rel- so-called “hidden amendments”, there are no evant reporting committee. reports or documentation (of the Legal Direc- According to the NAC, in 2013 the government torate) at hand as is the case for amendments took 143 decisions (including adopting draft approved in Committee stage. Reintroducing laws); 85 were decisions requiring anti-corrup- amendments at plenary session means intro- tion proofi ng, of which 80 were submitted to ducing language, which might increase the risk the NAC for anti-corruption proofi ng. NAC rec- for corruptible practices. ommendations on government decisions were taken on board in 58 % of the cases (in 2013). Recommendations: The NAC identifi ed that some Parliament decisions are benefi cial to private interests of key  We recommend the development of a stan- offi cials, through decisions on changing the dard template for the Legal Department to destination of land, tax and customs duty ex- prepare a structured report on each draft emptions on imports of goods, exemptions from law, including the Anti-Corruption assess- the rules on trade, favouring budget of pub- ment, ref. article 54 of the Rules of Proce- lic institutions.18 While the NAC makes the an- dure. Such template will enable a comput- ti-corruption proofi ng of draft legislation when erized review of the extent to which Legal considered by the government, prior to tabling Department recommendations are taken on in Parliament, there is currently no mandato- board by the Parliament. ry provision for requesting a second proofi ng of the legislation in case there is a substantial  In case the Committee decides not to take change to the content of the draft law at the on board a recommendation related to the Parliamentary stage. anti-corruption proofi ng, we recommend that the Committee’s report to the plenary A particular challenge to the legislative process mentions this clearly and provides a justi- in Parliament is the often-poor linguistic quality fi cation for it; ref. article 56 of the Rules of of the draft laws as submitted by the Govern- Procedure. ment. When draft laws are tabled in Parliament, the Secretariat needs to conduct an editing re-  In cases when a draft law has been changed view of the text. As long as no editing review substantially during the Parliamentary re- has been done, draft laws cannot be sent for view process, it is recommended that the fi nal vote in the plenary session. In exceptional Parliament’s Legal Department request a cases, when there is very little time available for new anti-corruption proofi ng by the NAC, editing prior to fi nal reading, the editing might prior to the fi nal vote in plenary session. happen after the law has been passed in plena-  We recommend enhanced training of staff ry session. In such case, the Head of the Legal of the Legal Department on anti-corruption policies, anti-corruption proofi ng and legal reviews. (18) Interview with NAC senior offi cials, July 2015. 30 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

 In case a Member of Parliament reintroduc- 2.2. Example: law on political parties es legislative amendments, which are similar to, amendments already discussed and In an effort to combat corruption in Moldova, dealt with at committee stage in plenary a number of anti-corruption laws and policies session the draft law needs to be reconsid- have been introduced, including a law on po- ered in Committee prior to any fi nal vote in litical parties. Transparency in the fi nancing of plenary. political parties has been on the political agenda of Moldova for many years. Civil society has  In case laws are edited after they were ap- regularly pointed out the limited scope of in- proved in plenary session with a view to ternal democracy within political parties. The make the law legally and linguistic compli- lack of transparency in their fi nancing exposes ant, there should be a fi nal reading and vote the fact that decision-making process are con- on the law in plenary session, ref. article 71 trolled by interest groups.19 Electoral campaigns of the Rules of Procedure. have been marred by very high campaign ex-  In case the draft laws as submitted by the penditure, which enabled business people to government are of too poor quality in terms be highly infl uential through a concealed role of legal and linguistic compliance, Parlia- in politics. The need for legislation that should ment is advised to send the draft laws back result in more transparency in party fi nancing to government, as stated in article 47 / 11 of has been on the agenda of the Council of Eu- the Rules of Procedure. rope Group of States against Corruption (GRE- CO) and, included in the Moldova Anti-Corrup- tion Strategy.20

The GRECO Third Round Evaluation Report for Moldova (2011)21 included an extensive section on political parties funding and campaign ﬁ - nancing. The main GRECO recommendations were as follows:

1. make it obligatory for political parties’ annual ﬁ nancial reports destined for publication and submission to the supervisory authorities to include more precise information, guaranteeing a full overview of the party’s assets and its income and expenditure;

(19) Sobjak, Anita (ed.), Anti-corruption in Moldova and Ukraine. A V4 Handbook of Best Practices, Published by: Polish Institute of International Affairs, Warsaw, June 2015, 124 p. (20) Action 22 of the 2014-2015 Action Plan on the implementation of the 2011-2015 Anti-Corruption Strategy. (21) Group of States Against Corruption (GRECO), Third Evalua- tion Round. Evaluation report on Moldova “Transparency of party funding”, Adopted by GRECO at its 50th Plenary Meeting, Stras- bourg, 28 March - 1 April 2011, 27 p. https://www.coe.int/t/dghl/ monitoring/greco/evaluations/round3/GrecoEval3(2010)8_Mol- dova_Two_EN.pdf Legislative role of Parliament 31

2. require that all donations received by polit- Court has validated the elections; and (ii) ical parties outside election campaigns that the limitation periods applicable to these exceed a given amount, as well as the identi- offences are sufﬁ ciently long to allow the ty of the donors, are disclosed to the super- competent authorities effectively to supervisory authorities and are made public; vise political funding.

3. take appropriate measures to limit the In November 2011, the Moldova government set risk that members’ subscriptions received up a working group with the aim to draft amend- by parties may be used to circumvent the ments to the applicable legislation with a view transparency rules applicable to donations; to implement GRECO’s recommendations.22 It resulted in a draft law, which contained amend- 4. take appropriate measures (i) to ensure ments to eight pieces of legislation, notably the that all donations and services provided to Electoral Code, the Law on Political Parties, the parties or candidates in kind or on advan- Criminal Code, the Code of Criminal Procedure, tageous terms are properly identifi ed and the Code on Minor Offences, the Broadcasting recorded in full, at their market value, in Code, the Tax Code and the Law on the Court of both parties’ annual reports and campaign Account. In November 2012, the government in- funding reports; and (ii) to clarify the legal formed GRECO on measures taken to implement situation regarding loans; its recommendations and outlined the draft law. 5. promote the use of means of payment for In its Compliance Report of March 201323, GRECO donations to political parties and for po- assessed the implementation of each recom- litical party spending involving, notably, mendation contained in the Evaluation Report recourse to the banking system in order to and provided an overall appraisal.24 GRECO as- make them traceable; sessed that the draft law, if adopted as such, 6. explore the possibilities of consolidating should address most of its recommendations. political parties’ annual reports and cam- GRECO reiterated its call to ensure that the paign funding reports so as to include en- rules are applied in practice, notably by verify- tities which are directly or indirectly related ing that the supervisory mechanism – the Cen- to them or otherwise under their control; tral Electoral Commission – has the necessary resources to implement substantive, proactive 7. introduce independent auditing of party ac- oversight of the fi nancing of election campaigns counts by certifi ed experts; and of political parties in general.

8. mandate an independent central body, en- dowed with sufﬁ cient powers and resourc-

es and assisted by other authorities where (22) This working group included representatives of the CEC, the Ministry of Justice, the Centre for Combating Economic Crime and necessary, so as to allow the exercise of ef- Corruption, the Ministry of Finance, the Tax Inspectorate and the fective supervision, the conduct of investi- Court of Auditors, the head of the Moldovan delegation to GRECO, and representatives of the parties present in Parliament, NGOs gations and the implementation of the regu- and a number of international organizations. lations on political funding; (23) Group of States Against Corruption (GRECO), Third Evalua- tion Round - Compliance report on Moldova - transparency of party funding, Adopted by GRECO at its 59th Plenary Meeting, 9. ensure that (i) all infringements of the rules Strasbourg, 18-22 March 2013, 19 p. https://www.coe.int/t/dghl/ monitoring/greco/evaluations/round3/GrecoRC3(2013)2_Moldo- on party funding in general and ﬁ nancing of va_EN.pdf election campaigns are clearly deﬁ ned and (24) Similar observations can be found in: Venice Commission and OSCE/ODIHR, Joint Opinion On Draft Legislation Of The Republic made subject to effective, proportionate Of Moldova Pertaining To Financing Political Parties And Election and dissuasive sanctions, which can, if nec- Campaigns, Adopted by the Council for Democratic Elections at its 44th meeting (Venice, 7 March 2013) and by the Venice Commission essary, be imposed after the Constitutional at its 94th Plenary Session (Venice, 8-9 March 2013), 18 p. 32 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

On 9 April 2015, the Parliament adopted the pro- Recommendations: posed amendments. Among the major changes are the prohibition of party fi nancing from  Following the adoption by Parliament of the abroad and the criminalisation of campaign new law on political parties funding and fi nancing irregularities; Incomes and expen- campaign fi nancing (April 2015), it is rec- ditures of parties or independent candidates ommended that, within the next two years have to be incurred through dedicated bank ac- (before the end of 2017), an external, inde- counts. However, according to civil society25, the pendent expert review be conducted on the content of the amendments has been diluted compliance of the new law with OSCE/ODHIR signifi cantly, as compared to the original ver- and GRECO recommendations as well as sion of the text. Most importantly, the initially on the level of enforcement of the law. The proposed cap of 20 average monthly salaries for fi ndings of this expert review can be taken donations by individuals and 40 by legal enti- on board in the framework of the policy di- ties was augmented tenfold (to 200 and 400, re- alogue between Moldova and the EU related spectively). This goes against the GRECO advice to the EU-Moldova Association Agreement. in its 2013 compliance report.26 “As a result, po-  It is recommended that the Parliament’s litical parties will remain dependent on dona- Committee for Legal Affairs, Appointments tions from a small number of sources, and will and Immunities discusses, at least once thus be exposed to continued oligarchisation”27 a year, the report of the Central Elections In addition, the capacity for enforcement of the Commission covering initiatives taken to im- provisions remains unclear. According to OSCE / plement and enforce the new law on politi- ODIHR, the Central Election Commission of Mol- cal parties funding and campaign fi nancing. dova does not have suffi cient human resources to monitor campaign fi nancing.28

While the April 2015 amendments seem to have considerably strengthened the mechanisms aimed at increasing transparency of political party ﬁ nancing, so far no independent, external assessment has been made to verify to what extent the OSCE/ODHIR and GRECO recommendations have been taken on board and to what extent mechanisms are in place to ensure the effective implementation of the new legal framework on political parties funding and campaign ﬁ nancing.

(25) Interviews with CSO representatives and think-tanks in Mol- dova, July 2015. (26) GRECO, Third Evaluation round - compliance report on Mol- dova, 2013, Paragraph 57, p. 12. (27) Secrieuru, Stanislav and Sobjak, Anita, Moldova’s European Integration: on Sick Leave?, Published by: Polish Institute of In- ternational Affairs, Warsaw, June 2015, 7 p. (28) OSCE Ofﬁ ce for Democratic Institutions and Human Rights, “Limited Election Observation Mission Republic of Moldova Local Elections, 14 June 2015. Interim Report 14–28 May,” 1 June 2015, p. 6, https://www.osce.org/odihr/elections/moldova/160886?%20 download=true Legislative role of Parliament 33

2.3. Strategy for Justice Sector of the “illicit enrichment” offence, mandatory Reform 2011–2016 polygraph tests for candidates for judges and prosecutor positions, as well as stricter penal- As mentioned above, one part to the review of ties for corruption offences. the legislative role of Parliament in terms of an- The package included the law on professional ti-corruption is the extent to which legislation integrity testing.31 The tests will be conducted relevant to anti-corruption has not yet been ap- by the NAC and the Security and Information proved. Moldova has a large amount of legisla- Service. The recent decision by the Constitu- tion relevant to anti-corruption. There is a law tional Court to limit the applicability of the Law on the protection of witnesses and other par- on Professional Integrity Testing by excluding ticipants in criminal proceedings (2008), Law on judges is seen by Moldova CSOs as a step back the National Development Strategy of the Per- in Moldova’s anti-corruption reforms, though sonal Data Protection (2013), Law on prevention employees of the courts remain subject to the and combating money laundering and terrorism law.32 fi nancing (2007), etc. The Council of Europe (CoE) reviewed the legis- However, the Moldova justice sector is in need of lative package and highlighted the importance reform, as evidenced by the allegations brought of stricter penalties for corruption offences. In against judges by the NAC and the fact that 80 the case of illicit enrichment, the CoE empha- per cent of citizens perceive the judiciary to be sised that, besides Ukraine, Moldova is the fi rst corrupt or extremely corrupt. To compound the country to introduce this offence. Moreover, problem, judicial self-regulatory bodies lack “extended confi scation” has been seen in line the capacity to effectively oversee the work of with “the draft regulations as recently proposed the judiciary. The Superior Council of Prosecu- by the EU and in line with the CoE standards.”33 tors, for example, does not have its own budget, The Moldova Parliament adopted amendments auxiliary staff or premises. on the “Organic Law on Judicial System, Law on Against this background, the Strategy for the Status of Judges”, “Law on National Institute of Reformation of Justice Sector Reform 2011- Justice” and the “Law on the Selection, Perfor- 201629 aims at addressing corruption in the ju- mance Appraisal and Career of Judges” follow- diciary system. A part of this Strategy, a coming recommendations provided by the Council prehensive anti-corruption legislative package of Europe.34 was adopted by the Parliament on 23 December 2013. The adoption of the laws was foreseen in the visa liberalization action plan with the EU and the laws have been adopted ahead of the 31 Law No. 325 from 23 December 2013 regarding professional in- Moldova-EU Association Agreement, signed in tegrity testing (published in Monitorul Offi cial with No. 35-41/73 on 14 February 2014), http://lex.justice.md/md/351535. June 2014. 32 Utica, Stella, Moldova, in: Sobjak, Anita (ed.), Anti-corruption in Moldova and Ukraine. A V4 Handbook of Best Practices, Pub- The package included amendments to the lished by: Polish Institute of International Affairs, Warsaw, June 2015, p. 17. Criminal Code30 (which provided for the special 33 Council of Europe Secretariat General, Directorate General Hu- measure of extended confi scation), regulation man Rights and Rule of Law, “Opinion of Information Society and Action against Crime Directorate prepared on the basis of the expertise by Tilman HOPPE on Article III of Draft Law ‘On Amend- ment of Certain Laws’ and Draft Law ‘On Professional Integrity (29) See: www.justice.gov.md/public/fi les/fi le/reforma_sector- Testing’ of Moldova,” Strasbourg, 8 January 2013, p. 32, www.coe. ul_justitiei/srsj_pa_srsj/SRSJen.pdf md/images/stories/Articles/Expertises_and_reports/2013.01_ (30) Law no. 326 from 25 December 2013 regarding the amend- eccu-bo-2_2012-moldova-th.pdf ment and supplement of certain legislative acts (published in 34 Council of Europe, Action Plan to support democratic reforms Monitorul Offi cial with No. 47-48-92 on 25 February 2014), http:// in the Republic of Moldova 2013 – 2016. Preliminary results and lex.justice.md/md/351753. programming outlook. draft document, 25 June 2015, p. 4. 34 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

The reform of the judiciary has been ongoing for secret ballot by the Superior Council or General a long time and remains incomplete, in partic- Assembly of Prosecutors. ular in the area of public prosecution.35 In 2014, Finally, it is worth mentioning that a National the Parliament of Moldova adopted a prosecu- Security Strategy is currently being prepared, tion reform plan, as prepared by the Ministry of which will include a chapter on anti-corruption. Justice of Moldova. A draft prosecution service It is expected to that the General Prosecutor law was elaborated36 and then sent to the Ven- will regularly engage in discussions with the ice Commission for review.37 The draft plan on Parliamentary Committee on National Security, prosecution reform aims for the demilitarisa- Defence and Rule of Law, in addition to sending tion of this institution, the consolidation of the a report to Parliament. Prosecutor’s Offi ce’s competences on criminal prosecution, new procedures for the selection and nomination of a General Prosecutor and clear regulation of cases when the prosecution Recommendations: is entitled to perform investigative acts.38 The  Following the fi rst reading in May 2015, it is reform of the Prosecution Service is of critical recommended that the Parliament adopts importance in order to ensure its full indepen- the new Law on Prosecutorial Reform and dence from political interference and vested incorporates the recommendations of the interests. The Prosecutor General is currently Venice Commission, including provisions on nominated by Parliament, at the recommen- consolidation of the Prosecutor’s Offi ce’s dation of the Speaker. The new proposal would competences on criminal prosecution, new give this task to the President of Moldova, who procedures for the selection and nomination would act upon a recommendation by a Council of a General Prosecutor, and clear regulation of Prosecutors. This proposal was put forward of cases when the prosecution is entitled to by the “Moldova National Integrity System as- perform investigative acts. sessment” as a measure to reduce the politici- 39 sation of the appointment procedure. For this  It is recommended that the Parliament proposal to take effect, the Constitution needs adopt the reforms of the Constitutional to be modifi ed. However, until the time that the Court according to the Justice Sector Reform Constitution is changed, the Parliament might Strategy provisions. consider appointing the candidate proposed by  It is recommended that the Parliamentary Committee on National Security, Defence (35) “Implementation of the European Neighbourhood Policy and Rule of Law regularly discuss the prog- in Moldova. Progress in 2014 and recommendations for action (joint working document),” European Commission, Brussels, 25 ress in implementation of the antic-corrup- March 2015, p. 7, http://eeas.europa.eu/delegations/moldova/ documents/press_corner/repulic-of-moldova-enp-report-2015_ tion measures in the new National Security ro.pdf Strategy. (36) Utica, Stella, Moldova, in: Sobjak, Anita (ed.), Anti-corruption in Moldova and Ukraine. A V4 Handbook of Best Practices, Pub- lished by: Polish Institute of International Affairs, Warsaw, June 2015, p. 19. (37) Joint Opinion On The Draft Law On The Prosecution Service Of The Republic Of Moldova - Adopted By The Venice Commission At Its 102nd Plenary Session (Venice, 20-22 March 2015), Strasbourg / Warsaw, 23 March 2015, 29 p. (38) Ministry of Justice, Concept on the reform of prosecution, Chisinau, November 2013, p. 11, www.justice.gov.md/public/ fi les/concept.ref.procuratur.fi n.06.11.2013.v.g._redactari_ PG_11.11.2013_12.11.2013_fi nal.pdf (39) Ciubotaru, Maria (ed.), National Integrity System Assessment Moldova 2014, Published by: Transparency International Moldova, Chisinau, 2014, 268 p. Legislative role of Parliament 35 36 Anti-corruptionFunctional and Institutional self-assessment Analysis report of forthe theSecretariat Parliament of the of the Parliament Republic of of Moldova Moldova

Oversight 3 role of Parliament Oversight role of Parliament 37

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 38 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

The Art. 112 of the RoP sets out the rules for sim- 3. Oversight role of the ple motions, through which the Parliament ex- parliament of Moldova presses its position regarding a certain problem of internal or external politics or, on the case, In this section of the report, we will discuss the or issue that has been reﬂ ected in an interpel- oversight role of the Parliament of Moldova in lation. A simple motion can be initiated by at terms of anti-corruption. We will discuss the least 15 MPs. However, it is understood that this procedural instruments for Parliamentary oversight and how they can be used to strengthen instrument is used very rarely and hence Par- oversight on the implementation of anti-cor- liament has no regular practice to express its ruption policies and legislation. Referring to our opinion on a matter of high importance. Questionnaire on Anti-corruption policies, this section of the report will discuss how Parliament Art. 126 of the RoP sets out the practice of Par- uses in practice the procedural instruments for liamentary hearings. These are key for Parlia- oversight and to what extent the Parliament exercises its oversight role through the informa- mentary oversight, in particular for Committees. tion available from reports of public authorities. The “National Anti-Corruption Strategy 2011– This section of the report is related to the chap- 2015” includes a number of key actions, which ter “Financial oversight” in the GOPAC-UNDP An- ti-corruption Toolkit (p. 17-27) and UNCAC article can be subject to committee oversight via the 9 & 10. organization of committee hearings (actions 44- 51; 57-60; 64-65; 83). For instance, the National Anti-Corruption Strategy details corruption risk assessment and integrity plans within central 3.1. Instruments for parliamentary public authorities, healthcare system, peniten- oversight tiary system, Border Police, National Army, Cus- toms Service, diplomatic missions and consular The Parliamentary Rules of Procedures provide services. Within the next year, the respective various instruments for Parliamentary over- Committees should enhance their oversight sight, including in the area of anti-corruption. role on the application of the corruption risk There are for instance the weekly Parliamentary assessment and integrity plans and organize question times, interpellations, motions, hear- hearings with the related institutions. ings, and reports. The Parliamentary Rules project the possibili- Art. 102.3 and Art. 122-124 of the RoP states that ty to establish inquiry committees, by vote of on Thursday, within the last hour of the activ- the majority of MPs present, at the request of ity of the Parliament, the questions raised by a parliamentary faction or a group of MPs rep- MPs shall be examined. The sitting from the last resenting at least 5 per cent of the number of Thursday of the month, on the second half of the elected MPs. day, is devoted to hearing of interpellations (Art. 125 of the RoP). Questions and interpellations by MPs are a key instrument in raising awareness on anti-corruption matters and provide for the government’s accountability to Parliament on its anti-corruption policy. In practice, it is understood that very often deputy ministers and heads of departments answer to MPs questions and that the Prime Minister only in exceptional circumstances answers to Parliament. A weekly Prime Minister Question Time is not in practice. Oversight role of Parliament 39

3.2. Oversight on implementation of 3.3. Reports of public authorities legislation The Art. 128 of the RoP mentions Parliament The role of Parliament in overseeing the imple- receiving the annual reports of public author- mentation of legislation is one key policy area ities, and including into the agenda of the ple- in the fi ght against corruption. Non-implemen- nary session the hearing of respective reports. tation of legislation, and insuffi cient Parliament The report of the NAC on the implementation oversight on the implementation of legislation, of the Anti-Corruption Strategy can be consid- provides space for corruptible practices. Ac- ered a report for discussion at the level of the cording to Art. 111 of the parliamentary Rules of Parliamentary Committee on National Security, Procedure, Parliamentary committees need to Defence and Rule of Law, followed by a debate present recommendations to the Government, and motion in plenary session. other public authorities and Parliament reports If considered useful, this can be done on every on enforcement of the laws, usually within 6 six months (2 times per year). In the same way, months from entering into force of the respec- reports of law enforcement agencies, prose- tive law. According to Legislative acts law (law cution and judicial authorities regarding the 780), after 2 years the ministry needs to submit combating of corruption can be discussed in a report to Parliament on the implementation Committee, followed by possible hearings, and of the law. In practice, Parliament does not a debate and adoption of simple motion in ple- seem to pay a lot of attention to its oversight nary session. role on the implementation of legislation. We consider this as an important aspect in the fi ght against corruption and to regain public trust in the democratic authorities. At the same time, Recommendations: there seems to be a need for more systematic  To strengthen oversight practices, it is rec- training to the staff of the Parliament Legal De- ommended to specify in the RoP that only partment and Committee staff on the issue of the Prime Minister and Ministers answer post-legislative scrutiny. parliamentary questions. A deputy minister can answer on behalf of a minister in exceptional circumstances (when a Minister is ill or abroad). Civil servants cannot respond to Parliamentary questions on behalf of the government.

 It is recommended that the Parliament start applying the instrument of a simple motion more frequently in particular on issues of anti-corruption. It is recommended that the Administration of Parliament organize a brieﬁ ng and training session for MPs on the procedural and practical aspects of motions. 40 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

 It is recommended that Parliament start ap-  We recommend more systematic training plying Committee oversight (consultations, for the staff of the Parliament Legal Depart- hearings) on corruption risk assessment and ment and Committee staff on the issue of integrity plans within central public authori- post-legislative scrutiny. ties, healthcare system, penitentiary system,  It is recommended that Parliament discuss Border Police, National Army, Customs Ser- the report of the NAC on the implementation vice, diplomatic missions and consular ser- of the Anti-Corruption Strategy at the level vices (NAS 44-51) of the Parliamentary Committee on National  It is recommended that Parliament start Security, Defence and Rule of Law, possibly applying Committee oversight on the appli- every six months, followed by a debate and cation of the Code of Conduct for Customs motion in plenary session. Service Ofﬁ cer, medical and pharmaceutical  It is recommended that Parliament discuss worker; teacher-coach of physical education (in Committee; possible hearings; conclu- and sports, sportsman (NAS 57-60). sion for motion in plenary) on reports of law  It is recommended that Parliament start ap- enforcement agencies, prosecution and ju- plying Committee oversight on the applica- dicial authorities regarding the combating of tion of internal regulations on whistle-blow- corruption (NAC 16) ers by the public authorities (NAS 63).  It is recommended that Parliament discuss  It is recommended that Parliament start ap- in plenary debate the implementation of an- plying Committee oversight on the applica- ti-corruption legislation, thus strengthening tion of corruption prevention mechanisms Parliamentary control (NAC 26). in pre-University Education and school Olympics, and on admission in higher education institutions (NAS 64-65; 83).

 We recommend that the Parliament start a two-years pilot project of systematic review of the implementation of key pieces of legislation by one or two committees of Parlia- ment Oversight role of Parliament 41 42 Anti-corruptionFunctional and Institutional self-assessment Analysis report of forthe theSecretariat Parliament of the of the Parliament Republic of of Moldova Moldova

Budget 4 role of Parliament Budget role of Parliament 43

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 44 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

the Parliament of Moldova has limited power 4. Budget role of the to amend the Appropriations Bill. Parliament parliament of Moldova has the power to send back the budget to the government for review but this has never been exercised. After the budget has been tabled in In this section of the report, we will discuss Parliament, very few changes to the budget are the budget role of the Parliament of Moldova approved. in terms of anti-corruption. We will discuss the approval of the budget by the Parliament and In addition, it is important to look at the impact its oversight role on the implementation of the of Parliament’s role on budget outcomes. Pub- budget, in particular through the reports of the Court of Account (CoA). This section of the report lic expenditure management theory identifi es will address the role of the Committee on Bud- three interrelated objectives: the maintenance get, Finance and Economy. The MPs’ answers to of fi scal discipline, the prioritization of funds in our Questionnaire have been the main source of accordance with policy and program effective- information. This section of the report is related to the chapter “Financial oversight” in the GO- ness, and operational effi ciency in budget im- PAC-UNDP Anti-corruption Toolkit (p. 17-27) and plementation. UNCAC article 9. In Moldova, the Parliamentary Budget, Finance and Economy Committee has the main responsibility in overseeing the state budget. The Com- 4.1. Budget process mittee meets regularly. When necessary, the Committee can initiate independent investiga- In general terms, Parliaments can be distin- tions into fi nancial irregularities. The ability of guished in terms of the extent of their budget MPs to obtain non-fi nancial (i.e. performance) policy impact. The most powerful Parliaments information related to expenditures seems to are those that have the ability to write the bud- be limited. get. Budget making legislatures have the capacity to amend or reject the budget proposal MPs do have the authority to conduct public of the executive, and the capacity to formulate hearings in relation to the budget. In practice, and substitute a budget of their own (e.g. US some public hearings on the budget are orga- Congress). Budget infl uencing legislatures have nized where the testimony from the government the capacity to amend or reject the budget pro- and other stakeholders affected by departmen- posal of the executive, but lack the capacity to tal activities is heard. However, the process for formulate and substitute a budget of their own. the participation of citizens or CSOs in the bud- Legislatures with little or no budgetary effect get process seems not to be well documented lack the capacity to amend or reject the budget and hardly an integral part of the communica- proposal of the executive, and to formulate and tion strategy of the Parliament. Members of the substitute a budget of their own. They confi ne Budget, Finance and Economy Committee con- themselves to assenting to the budget as it is sider it the task of the Ministry of Finance and placed before them. Economy to organize hearings with all offi cial stakeholders, prior to submitting the budget in The Parliament of Moldova has the ability to Parliament. infl uence the budgetary process through the procedures of developing, passing and freezing In reference to one of the questions in our expenditures, rectifying, executing and report- Questionnaire, it was confi rmed that executive ing on executions as stipulated in Law 847, of decrees on public fi nances require subsequent 24 May 1996. In analyzing its powers to autho- Parliamentary review and approval and this is rize revenues and expenditures, it seems that also respected in practice. It was confi rmed that Budget role of Parliament 45

there exist standards for reporting to Parliament 4.2. Cooperation between the Court on actual revenues, expenditures and results. of Accounts and the Parliament of the However, in practice a well-functioning system of Republic of Moldova performance reporting to the Parliament to show what has been achieved with the funds expend- On 8 December 1994, the supreme external au- ed by departments doesn’t seem to be in place. dit body, the Court of Accounts, was established with the aim to strengthen control over the use In analysing the Parliamentary capacity for fi - of public funds and public property manage- nancial analysis, there exists no independent ment. Based upon Article 133 of the Constitu- Parliamentary Budget Offi ce which would have tion of the Republic of Moldova, the Court of the technical capacity to interpret budget and Accounts exercised fi nancial controls and exter- economic data, and provide Parliamentarians nal fi nancial revisions through the procedures with objective, timely and independent analy- approved by the Law No.312-XIII from December sis. There is a separate Unit of seven staff per- 8, 1994 “On Court of Accounts”. sons for the Budget, Finance and Economy Com- mittee, however, which conducts research on On 5 December 2008, the Parliament adopted the budget. The staff has the power to call for the Law No. 261, under which the Court of Ac- information and documents from Government counts was identifi ed as the only public state Departments. However, MPs do not consider authority that controls the administration and that Parliament has suffi cient human capacity use of the public resources and the administra- to monitor government fi nancial practices. MPs tion of the public property through conducting do not consider that the parliamentary infra- external public audits. The key changes of the structure and its technical equipment is ade- new Law highlights the transition from external quate for MPs to be able to perform their fi nan- fi nancial control to external public audit. This cial oversight function effectively, e.g. electronic change requires the CoA performing audits on access to the Treasury. Government reports regarding the execution of During the years 1998-2000, there used to exist the State budget, the National Social Insurance a Parliamentary Centre for Budgetary Research. Fund/Budget (BASS) and the Mandatory Health However, due to the lack of qualifi ed staff and Insurance Fund/Budget (FAOAM) for the expired unclear duties and responsibilities, the initia- budgetary year. Similarly CoA audit teams con- tive was not considered successful. In recent duct audits on regularity, performance, IT and time, a suggestion has been made to create an other issues. These audit teams work in accor- Audit Report Committee of MPs, with secretariat dance with International Standards on Auditing. support, with the aim to call all public authori- In recent years, the CoA has furthered its coop- ties to justify the spending of the state budget. eration with international organizations such as INTOSAI and EUROSAI, becoming a member As the role of the Parliament of Moldova in to both in 1994, as well as with SAIs from other budget oversight is limited and only few MPs countries under bilateral cooperation agree- have a good grasp in budgetary techniques and ments. procedures, it is important that the Strategic Development Plan of Parliament establishes The reports of the Court of Accounts are pub- a new Unit for Impact Assessment. During our lic as soon as they are issued by the CoA, and interviews, suggestions were made to establish are available on the website of the Court of Ac- a well-equipped Parliamentary Centre for Bud- count.40 The reports published include the CoA getary Studies, which would be able to rely on national and international advisors with expertise on economy, banking and budget. (40) http://www.ccrm.md/ 46 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

annual reports on the administration and use and use of the public ﬁ nancial resources part of of public funds and public property, the ﬁ nan- the public heritage, to be examined within the cial reports on CoA budget spending during the commission and plenary session of the Parlia- current budget, CoA Activity Reports, and CoA ment. If appropriate, the CoA submits other re- internal reports on regularity audit. ports to the Parliament.

However, the current practice of hearings in Currently the degree of cooperation between preparation for the annual report of the Court the Parliament and the CoA is rather basic. The of Accounts on the budgetary year and the re- senior staff of the CoA believe it is due to the view of the level of implementation of the rec- fact that there is insuffi cient knowledge of the ommendations of the CoA seems to be unsatis- new responsibilities of the work of the CoA by factory. The fi ndings and recommendations of the new MPs and the lack of clear regulatory the CoA annual reports show a low degree of procedures for cooperation between the two implementation, which points to the need for institutions. a more effective mechanism for the enforce- The CoA invites the Parliament to all of its hear- ment of CoA conclusions. Therefore, a joint ef- ings with budget organizations. In 2013 the CoA fort of the Parliament of Moldova and the Court had 44 hearings (and reports) and the Parlia- of Accounts to identify an effi cient mechanism ment’s presence was limited to two committee of cooperation between the Parliament and the staff attending two meetings. In 2014 there were Court of Accounts is necessary. This will enable 38 CoA meetings with only four Parliamentary enhanced accountability of local and central staff present at the four meetings. The Com- public institutions in the management of bud- mittee on Social Protection occasionally par- get funds. ticipates at the CoA meeting when the report With respect to the relations between the CoA on the Health Care Insurance Fund is being and the Moldova Parliament, the Law on the examined. When Parliament staff attend a CoA Court of Auditors no. 261 of 5 December 2008, hearing, they can only take notes and not speak Art. 11, 18 and 23 stipulate that the Parliament on behalf of the Committee (which is the role approve the budget of the CoA for the next year, of MPs). The involvement of Parliament in CoA the head of the CoA to be appointed by the Par- hearings is thus very limited. liament for a 5-year term at the proposal of the The fi rst point of contact between Parliament Speaker, members of the CoA to be appointed and the CoA is the Committee on Economy, by the Parliament at the suggestion of the Head Budget and Finance. The CoA sends its reports of the CoA, and the number of staff of the CoA to to this Committee and sometimes also to oth- be approved by the Parliament. In addition, the er committees as considered useful. Senior Parliament or Parliamentary factions may re- staff of the CoA informed us that in 2013 there quest the CoA to conduct audits. The audit may were only four (mandatory) reports of the CoA be requested without a decision of the Parlia- reviewed by Parliament and by the Committee ment, at the request of any Parliamentary fac- on Budget, Finance and Economy. These were tion every semester. Parliament is responsible the fi nancial report, the annual activity report, for selecting an external audit for conducting the audit report on state budget execution for the audits of the CoA fi nancial reports. 2012, and the report on administering and use Annually, the CoA submits the following to the of public fi nances and public heritage for 2012. Parliament: By March 15, fi nancial report on In 2014 the Committee on EBF examined 4 CoA own budget execution for the expired budget- reports, the fi nancial report, annual activity re- ary year; By October 10, report on administering port, audit report on state budget execution for Budget role of Parliament 47

2013, and the report on administering and use Recommendations: of public fi nances and public heritage for 2013. The Committee on Social Protection, Healthcare  In the framework of the further institution- and Family examined one audit report with the al development of Parliament over the next participation of CoA representatives while in fi ve years, we recommend the creation of 2015 the Committee on Social, Healthcare and a well-equipped Parliamentary Centre for Family Protection examined 2 audit reports. Budgetary Studies, which is able to call upon national and international advisors with ex- The current practice is that Parliament only pertise on economy, banking, budget. looks at CoA reports when it has to do with the state budget, social and health budget and local  We recommend establishing the instru- authorities’ budget. This means that the Parlia- ments for enhanced cooperation between ment looks as CoA reports once a year, at com- Parliament and the CoA, as identifi ed in the mittee level and in plenary. Committees don’t Anti-Corruption Strategy, the establishment examine CoA audits of entities or offi cial budget of a Parliamentary subcommittee to deal organizations. Therefore, the CoA considers that with all CoA reports, and amendments to the currently its reports, observations and recom- RoP of parliament as currently the RoP does mendations on the usage of public funds have not stipulate that Parliament committees no real impact on the preparations or approval need to examine the CoA reports and over- of the next year’s budget. see their follow-up.

For the CoA to become a truly supreme, inde-  We recommend that the Members of the pendent, objective and transparent audit in- Committee on Economy, Budget and Finance stitution responsible for the exercise of public attend the hearings of the CoA in prepara- company audits with conclusive evidence in the tion of the CoA audit reports more frequent- drafted reports, the Court of Accounts needs ly. real independence and autonomy, including  We recommend that all Parliamentary Com- fi nancial means to attract qualifi ed private ex- mittees, not only the Committee on Econo- perts for carrying out specifi c audits. my, Budget and Finance, examine and follow The Action Plan for 2014-2015 on the implemen- up on the recommendations of the reports tation of the National Anticorruption Strategy related to institutions and agencies within for 2011-2015 sets out that the Parliament con- the area of responsibility of the Committees, sider and adopt a draft law amending and sup- including by organizing oversight hearings plementing the Law on the Court of Accounts, to on measures taken by the budget organiza- provide for an effi cient mechanism of coopera- tions to address the issues reported by the tion, as well as to report and monitor the fulfi l- CoA following its audit of the execution of ment of recommendations included in the audit the state budget, state social insurance bud- reports of the CoA. The proposals currently be- get and mandatory health insurance funds ing discussed in the framework of the EC-fund- in the expired budgetary year. (NAS 77) ed twinning project with the CoA mention the need for the establishment of a Parliamenta- ry subcommittee to deal with all CoA reports, and amendments to the RoP of Parliament as currently the RoP does not stipulate that Par- liament committees need to examine the CoA reports and oversee their follow-up. 48 Anti-corruptionFunctional and Institutional self-assessment Analysis report of forthe theSecretariat Parliament of the of the Parliament Republic of of Moldova Moldova

Parliament's 5 transparency and communication Parliament's transparency and communication 49

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 50 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

tion, transcripts, hansards, presence and voting 5. Parliament’s records, and to publish it in a timely manner transparency and and in an open format. communication Easing access to Parliamentary information requires ensuring that information is available In this section of the report, we will discuss the through various channels of communication, transparency and communication practices of free of charge and in an understandable lan- the Parliament of Moldova. We will discuss ﬁ ve guage to a broad range of citizens. Ensuring speciﬁ c issues: the policy questions on Par- liamentary openness and open data, the legal electronic communication of Parliamentary in- framework on Parliament’s openness and com- formation requires ensuring the release of such munication in Moldova, the availability of infor- information online in an open and structured mation on the Parliament of Moldova, the social format that enables its use and re-use of the media use in the Parliament of Moldova, and the Moldova e-parliament project, aimed at over- information. It is advised that the information coming a number of gaps and challenges. This is searchable and downloadable, provided in section of the report is related to the chapter non-proprietary formats in free and open- “Parliamentary accessibility and outreach” in source software. This will contribute to the the GOPAC-UNDP Anti-corruption Toolkit (p. 33- 35) and UNCAC articles 10 & 13. technological usability of Parliamentary information.

The availability and accessibility of information through “Open Data” policies is now being 5.1. Parliamentary openness and analyzed more closely in many countries and “open data” the debate on “Open Data” policies is gaining momentum. An “Open data” policy has the po- The area of Parliamentary transparency and tential to form a key part of anti-corruption open data is a rapidly evolving ﬁ eld in many policies in many countries.42 However, it is crit- countries41. The development of a “digital so- ical to distinguish between open government / ciety” revolutionized the way in which Parlia- open Parliament policy and “open data” policy. ments communicate with citizens, with a posi- Open parliament / government policy means tive impact on the capacity of Parliaments to be that - for instance - meetings in Parliament are truly representative. accessible, documents are posted on-line and Most Parliaments in Eastern Europe, including that there is rapid response to requests for in- Moldova, have adopted comprehensive legisla- formation. As such, this is good. tion on freedom of information (FOI). Yet, the concept of public ownership of Parliamenta- “Open data” policy goes much further. It has ry (and government) information implies the three characteristics: the documents put on- obligation of public institutions to proactive- line will be in re-usable, published in an open, ly disclose information. Making Parliamentary machine readable format; documents are pub- information transparent requires policies that lished free of charge; and documents are re- ensure proactive publication of Parliamentary leased automatically, without need for requests. information, including its membership, func- In order to achieve “open data” policies, a num- tional bodies, work schedule, legislative and ber of issues will need to be addressed, such Parliamentary documents, budget of the Parlia- as the lack of a legal right to open data, failure ment, and structure and staff of the administra- to publish existing datasets held by public bod-

(41) Open Data Barometer website, http://barometer.opendata- (42) Goodrich, Steve, How Open Data can help tackle corruption, research.org/report/analysis/rankings.html Published by: Transparency International, June 2015, London, 28 p. Parliament's transparency and communication 51

ies, inconsistent data formatting and structur- 5.2. Legal framework on Parliament’s ing, the inadequacy of disclosure requirements openness and communication in where they do exist, etc. Moldova Moldova has moved towards “open data” at a Moldova’s legal framework on Parliament’s much faster pace than any of its neighbours. The transparency and communication consists of government launched its fi rst open data portal several pieces of legislation. They ensure that in 2011. The Government of Moldova launched the public can obtain timely and relevant infor- the Governance e-Transformation Agenda in mation on the activities and the decision-mak- 2011 and has built cutting edge digital plat- ing processes of Parliament. The fi rst piece of forms and developed an enabling environment legislation is Law 190 of 19 July 1994 on petition- for digital transformation across the public ad- ing. It regulates the process, for the citizens of ministration. Currently the Government is fully Moldova, in addressing petitions to state bod- equipped with the digital platforms needed to ies, enterprises, institutions and organisations. enable the reengineering and digitization of The Moldovan Parliament receives hundreds of sectorial public services. These platforms are: petitions a year, which it either answers itself MCloud (data storage and management), MPass or forwards to other competent state institu- (authentication and access control), MSign (digital signature service), MConnect (data exchange tions. The second relevant piece of legislation and interoperability platform), MPay (electronic is Law 982, of 11 May 2000, on access to infor- payment services), Enterprise Content Manage- mation. The law regulates the principles, condi- ment Platform (platform for e-registries and tions and manner of exercising access to offi cial e-permits), and Government Portal. These plat- information held by information providers, as forms are functional.43 Moldova has passed le- well as the aspects of accessibility of person- gal reforms committing to making government al information and aspects of protecting per- data open by default. sonal information. Thirdly, there is Law 239, of 13 November 2008, on the transparency of the Today, open data has made the Moldovan gov- decision-making process. It sets applicable re- ernment more transparent, though some of the quirements to ensure transparency in the de- 44 most crucial data is still not available. Journal- cision-making process of the central and local ists and civil society activists use open govern- public administration authorities. The transpar- ment data to fi nd instances of corruption, but ency of the decision making process is further often the right data is hard to fi nd, and in many ensured by the Rules of Procedure of Parlia- 45 cases the data is considered to be “chaotic.” ment, which contains several provisions on the Developing the capacity across ministries and transparency of Parliament’s activity. For ex- government agencies remains one of the major ample, within a maximum of fi ve working days challenges to become effective data managers. from the date of being included in the legisla- The Parliament committees have not yet devel- tive procedure, draft bills, legislative proposals oped a track record of using Open Data as tools as well as other relevant and additional docu- for scrutiny over the government. ments are posted on the Parliament’s website. Parliamentary sessions are public, except in

(43) https://openknowledge.worldbank.org/bitstream/han- cases when - at the request of the Speaker of dle/10986/21798/952500WP00PUBL0Briefi ngBook0english. Parliament, a parliamentary faction, or a group pdf?sequence=1&isAllowed=y (44) See Moldova country profi le: http://europeandcis.undp.org/ of at least fi ve MPs - it is decided by a majority blog/2015/08/05/moldova-small-country-big-data/ vote of attending MPs that the meetings should (45) Open data in Moldova have helped activists to uncover corruption and led to new initiatives, such as RISE Moldova, who are be closed. The meetings of standing committees promoting data driven journalism. These initiatives ensure that are also public. The decisions of committees are open government data does lead to more transparency. 52 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

usually taken by open vote. The meetings of the The Guidelines for Parliamentary Websites (IPU committees are recorded in minutes. Minutes and Global Centre for ICT in Parliament)46 sug- can be made available to people other than the gest that information should be available on- members of the committee only with the con- line to the public “as soon as [it] is available sent of the chairman of the committee, except to members and ofﬁ cials.” Best practice re- minutes of public meetings. The standing com- quires that, “If a document is available to citi- mittee has the power to organise public consul- zens relatively quickly, e.g. within 24 hours after tations on draft bills and legislative proposals its preparation, this is an indication of greater by organising public debates and hearings, and openness of parliament; if they are available other consulting procedures set by the Law on only after a considerable time has elapsed, and the Transparency of the Decision-Making Pro- available to members well before the public, cess. The committee controls what is posted on then openness declines.” the Parliament’s website. Often, a synthesis of In Moldova, there is clear transparency of plena- recommendations received during public con- ry sittings of Parliament as they are broadcast- sultations is posted to ensure the transparency ed live by national radio stations and television of the decision-making process. Public hearings channels in accordance with the Broadcasting are to be organised at least once a year by each Code of Moldova. They are then archived in vid- Parliamentary standing committee to consult eo format. The access of the archived contents civil society organisations on matters included is limited to media accredited with the Parlia- in the agenda of Parliament, or other matters of ment but it can be granted, where appropriate, national interest. to other applicants as well. The general pub- A fourth document relevant to the transparency lic has access to the transcripts of the plenary and communication of Parliament is the Con- sittings through the Parliament’s website. The cept of cooperation between Parliament and transcripts [of Parliament sittings placed on the civil society, approved by Decision of Parliament Parliament’s website indicate the number of 373-XVI, of 29 December 2005. This concept sets votes each bill or decision is passed with. The speciﬁ c forms of cooperation such as expert Rules of Procedure contains provisions related advice, permanent consultations, ad-hoc meet- to the public nature of the voting procedure. ings, public hearings, and annual conferences. The transparency of committee meetings is evi- Lastly, expert councils are to be established by dent as the meetings of committees are public. the standing committees of Parliament from the In addition, the committee has to ensure pub- representatives of civil society organisations. lic consultations for the draft bills and legislative proposals by organising public debates and hearings and other consulting procedures 5.3. Availability of information on the as set by the ‘Law on the Transparency of the Parliament of Moldova Decision-Making Process.’ Public hearings are to be organised at least once a year by each In many countries, websites have become an Parliamentary standing committee to consult important window for citizens to learn about civil society organisations on matters included the activity of Parliament while also providing in the agenda of Parliament or other matters of the opportunity to directly engage MPs through national interest. However, according to the Na- email and public comment or response forms. tional Integrity System Assessment of Transpar- The website of the Moldova Parliament provides detailed content on the functions of Parliament and access to MPs. (46) http://www.ipu.org/PDF/publications/web-e.pdf Parliament's transparency and communication 53

ency International,47 the public hearings are not 5.4. Social media policy of the used in a regular fashion, and the announce- Parliament of Moldova ment of public consultations on some draft laws occurs irregularly and is not a regular practice. Social media has become an increasingly central part of Parliamentary communication in The transparency of the legislative procedure many countries. Experience in other Parlia- can be seen through the fact that draft bills are ments has shown that it is important that the posted on the website of Parliament. However, responsibility for social media is incorporat- according to the National Integrity Study, there is ed into the Parliament’s overall management a large number of documents unavailable to the structure and linked to traditional communica- public on the website, such as opinions of com- tion and engagement strategies. This ensures mittees, opinions of the government, opinions of that social media helps to solicit citizens’ direct the General Legal Department of the Secretariat contributions to committees or inquiries, and to of parliament, and the reports of the committee ensure that citizens have immediate access to and information notes. Related to this phenom- information on Parliament. enon is the speed with which Parliament adopts some of the draft laws without enabling suffi - To document best practices, the Inter-Parlia- cient time for public consultations (which is nor- mentary Union (IPU) published the Social Media mally 15 working days). According to the National Guidelines for Parliaments in 2013.48 The ob- Integrity Study, between 27 September 2012 – 31 jective of the Guidelines is to encourage more December 2012, the period of time allocated for widespread, effi cient and effective use of social consultations was not observed for 65 draft bills media by Parliaments. The document provides out of 102 passed; four draft bills were discussed innovative examples of Parliamentary practice and passed on the day of registration and four around the world from using social media. There draft bills on the next calendar day following the are examples of mobile phone applications to date of registration. Between 1 January 2013–30 provide citizens with access to information on June 2013, out of 119 passed laws, the term for the Assembly, and examples of cross-pollina- the consultations was not respected for 83 draft tion of networks. bills, from which 17 draft laws were discussed and passed on the day of registration and 12 The Parliament of Moldova is increasingly mak- draft laws on the next day after registration. ing use of social media in its offi cial communication. The Parliament has a Facebook Page, The transparency of information on the Mem- which is updated (almost) every day, and cur- bers is evident from the fact that the Parliament rently has more than 12,000 followers. So far makes the Members’ statements of income and Parliament is not using social media to involve assets public on the Parliament’s website once people in committee work and solicit direct submitted to the National Integrity Council. contributions to inquiries. Using smart phone Journalists can obtain the information on the mobile applications to provide citizens with ac- Parliament spending by submitting a request cess to information on Parliament is foreseen for public access to public or offi cial informa- as part of the new Parliament website, to be tion. At the same time, the Parliament’s budget launched in 2015. The same applies to the pos- is public and can be found on its website or in sibility for citizens to download video and audio other sources where the legislation adopted by from the Parliamentary video channel or embed the Parliament is published. direct links to clips. The Parliament has a You-

(47) Ciubotaru, Maria (ed.), National Integrity System Assessment Moldova 2014, Published by: Transparency International Moldova, (48) Andy Williamson, Social Media Guidelines for Parliaments, IPU, Ge- Chisinau, 2014, 268 p. neva, March 2013, 37 p. 54 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Tube channel but it has been used only occa- The core engine of the e-parliament system sionally due to a shortage in human resources. consists of the whole legislative procedure, So far, Parliament does not yet provide citizens Committee work and sessions, parliamentary the option to subscribe to services so as to alert sessions, additional information like minutes, them to certain categories of Parliamentary ac- recordings, audio and video recordings, and tivities, for instance through the use of email, voting results. The e-Parliament system also SMS text messaging, or Twitter. should offer in the future, the option to implement additional modules according to the Par- liaments’ needs, such as a revised Parliament 57.5. Moldova e-parliament project public web portal, parliament TV, and social networking integration. In 2011, the Parliament of Moldova adopted the The expected benefi ts of the project are to sub- “Parliament’s Integrated Information Space - stantially improve the effectiveness of Parlia- Strategic Development Plan 2011-2015”. It was ment in meeting the needs of its citizens, saving the fi rst strategy for ICT development of the time and money in Parliament operations, and Parliament over a fi ve year period. Its aim was improving access to and the quality of services to plan and manage priorities for development and communication, including spread of Wire- and consolidation of an integrated information less solutions within the buildings of the Par- solution able to decisively modify the proce- liament. dures in the activity of the Parliament in order to reduce the cost of legislative processes and Finally, it is important to mention that an e-par- to improve their quality and effi ciency, in parliament project and the efforts to strengthen ticular the Integrated Information Space of the Parliamentary openness and open data policies Parliament of the Republic of Moldova (PIIS). can largely benefi t from regional exchanges. It is important that the Parliament of Moldova is Currently, the Parliament of Moldova is starting part of a Memorandum of Cooperation, signed to implement the project “e-Parliament”, which between Members of Parliament of the region, is considered as a continually evolving concept at the Regional Parliamentary Anti-corruption that is embedded in the institutional approach Conference in Belgrade in May 2015.49 This MoU to modern technologies in the complex Parlia- aims to include concrete initiatives of sharing mentary environment. Its objective is not just experiences and best practices in the area of to employ new technologies, but also to inte- Parliament transparency and anti-corruption. grate those technologies in the existing rules The MoU has been signed by Members of Par- and procedures. The objectives of e-Parliament liament in Albania, Azerbaijan, Bosnia and Her- project are: to review and re-engineer existing zegovina, Georgia, Moldova, Montenegro and processes; Improve transparency of legislative Serbia. operations; Increase effi ciency of legislative and technical parliamentary operations; Enable effi cient, fl exible, accessible and transparent procedures for citizens; Measure and monitor Parliament’s key performance indicators; De- crease of the costs of operations; Build a Legis- lation Database.

(49) http://www.parlament.rs/upload/documents/activities/Memorandum%20of%20Cooperation_GOPAC-Confer- ence_21-22May_ENG_22May2015.docx Parliament's transparency and communication 55

Recommendations:  We recommend that Parliamentary information be released in an open and structured  We recommend the Parliament of Moldo- format, such as structured XML, that can be va develop and adopt an ‘Open Parliament read and processed by computers, so that Action Plan’, similar to the Plan recently Parliamentary information can be easily re- adopted by the Parliament of Georgia.50 We used. recommend the Parliament of Moldova join the activities of the Legislative Openness  We recommend that Parliament launch a Working Group of the Open Government smart phone mobile application to provide Partnership (OGP). citizens with access to information on the Parliament and the option to comment on  As its communication strategy 2011-2014 has draft legislation. expired, we suggest Parliament develop a new, comprehensive communication strategy, taking into account actions in the ﬁ elds of Parliament outreach, social media as well as “Open data” policies.

(50) https://idﬁ .ge/en/parliament-bureau-approved-opg-action-plan 56 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Ethics 6 framework Ethics framework 57

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 58 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Ofﬁ ce for Democratic Institutions and Human 6. Ethics framework Rights (ODIHR).51

In this section of the report, we will discuss the Prior to exploring the content of the Code, it ethics framework of the Parliament of Moldova. is important to clarify why such a Code is im- We will analyze the question of a Code of Con- portant. Firstly, it is necessary to ensure that duct and Ethics (CoCE) for Members of Parlia- ment and for staff. The information relates to the conduct of MPs meets public expectations the issues included in the “Ethics Questionnaire” about how MPs should behave. Secondly, it is and the draft proposal for a Code of Conduct and important to establish and regulate Parliamen- Ethics for Members of Parliament, as prepared for this assignment. This section of the report is tary ethical standards as a way to raise the de- related to the chapter “Standards of Conduct” in gree of professionalism into politics. Thirdly, it the GOPAC-UNDP Anti-corruption Toolkit (p. 28- is essential that the public has conﬁ dence in 32) and UNCAC article 7. the Parliament and that any apparent breaches of trust are investigated and, if necessary, pun- ished. In many countries, pressures to reform 6.1. Code of Conduct and Ethics for Parliamentary standards or to introduce new rules often arise because of a scandal whereby Members of Parliament an individual MP or a group of MPs is seen to While there are certain provisions in different have breached public trust. Reforms, however, laws ensuring the integrity of MPs, there is no are not always triggered by scandals. In younger comprehensive framework in place. Currently, democracies, reform of the rules around stan- MPs do not have a Code of Ethics. In 2013, MP dards may be intended to transform a political Tudor Deliu proposed a draft code though that culture. Finally, the need to protect Parliament’s document has not been approved so far. It is reputation is often mentioned explicitly in the understood that the main contentious issues Code. An additional reason to have a Code in were related to the enforcement of the Code. Moldova is that it will strengthen the Parlia- mentary ethics framework, which will effectively As part of this assignment, UNDP is proposing serve Moldova’s aspirations towards integration a comprehensive integrity framework of MPs’ with the European Union where public ofﬁ cials’ through a new Code of Conduct and Ethics (CoCE) compliance with ethical norms is deemed to be for Members of Parliament. The proposed Code one of the basic aspects of good governance. takes into account and builds upon the text proposed by MP Tudor Deliu, and expands and The content of the Code needs to combine the further develops the text. The proposed draft main provisions of an ethics framework, based Code has been discussed with different Parlia- upon existing legislation as well as take into mentary institutions and Parliamentary experts, account new provisions. We would like to high- with a view to ensure that it is in line with best light the following issues, discussed during our international and European practices. meetings with Moldova MPs in July 2015.

The Following are the main issues identiﬁ ed, One of the ﬁ rst questions raised was the Par- taking into account the discussions with various liamentary immunity. Some MPs stressed the MPs of Moldova during our interviews in July importance of a strong system of immunity to 2015 and taking into account the insights from protect, in particular, the opposition MPs from the background study published by the OSCE’s any pressure from the governing institutions.

(51) David-Barrett, Elizabeth, Background Study: Professional and Ethical Standards for Parliamentarians, Published by: OSCE / ODIHR, Warsaw, 2012, 88 p. http://www.osce.org/odihr/98924 Ethics framework 59

At the same time they also recognized the need of interest, he/she should noƟ fy the NaƟ onal to prevent that same Parliamentary immunity Integrity Commission in wriƟ ng, as foreseen in to be used as an argument to protect MPs in the Law of 2008. ways, which would be inappropriate from an Most national Parliaments in Europe require accountability and anti-corruption point of their members to declare all outside fi nancial view.52 Therefore it makes sense to ensure that interests. In Moldova, Law no 1264/2002 on MPs shall not take advantage of their immuni- “declaration and control of income and property rights to abuse power and avoid prosecution ty of public offi cials, judges, prosecutors, public for criminal actions, including corruption and servants and persons with the management po- abuse of offi ce.53 sitions” regulates the issue of asset declaration, The general approach throughout most Codes and provides the role of oversight and enforce- of Conduct is that it is not appropriate to reg- ment to the National Integrity Commission. ulate the private behaviour and personal lives Once a year, all Moldovan offi cials including of MPs. Most Parliamentary Codes of Conduct MPs have to submit a declaration of assets to include a section outlining what is expected the National Integrity Commission. This must be from MPs in terms of their general conduct done within 15 days of taking up their position during plenary sessions, Committee meetings and when leaving offi ce. The Legal Committee and meetings outside Parliament while on on Appointments and Immunities verifi es the parliamentary duty. We propose to include, in Statements made by Members of Parliament on the Moldova code, language which refers to a their income. collegial approach during discussions, demon- While confi rming these provisions in the CoCE, strating respect and avoiding confl icts, and an we suggest to add a number of additional provi- absolute ban on violence and physical threats, sions. Firstly, we suggest to incorporate articles insults and what is generally called ‘un-Parlia- related to gender equality. It should be stated mentary language’. that an MP shall refrain from using any sexist A central part of any Psrliamentary CoCE is the language and will not resort to sexist stereo- provisions on confl ict of interest; this is to en- types in the course of his/her Parliamentary ac- sure that private interests do not infl uence MPs’ tivities and in speeches in Parliament. We also judgement. In Moldova, the Law No. 16-XVI of recommend including that an MP will attempt 15.02.2008 regulates the issue of confl ict of to integrate gender perspective into all Par- interests, and assigns the role of oversight and liamentary committees, debates, action plans, enforcement to the NaƟ onal Integrity Com- commissions, reports, and legislation. mission. Once a year, all Moldovan offi cials in- Secondly, it is useful that Codes of Conduct and cluding Members of Parliament have to submit Ethics also regulate the treatment of Parliamen- their declaration of interests to the National In- tary staff by MPs, imposing duties of respect tegrity Commission. This must be done within 15 and courtesy, above and beyond legal require- days of taking up their position and when leav- ments, to avoid discrimination and harassment. ing offi ce. If an MP fi nds that they have a con- Thirdly, there is the important and sensitive is- fl ict of interest and fail to address the confl ict sue regarding the careers of MPs once they have left offi ce; known as the so-called “post-public (52) OSCE Parliamentary Assembly Resolution on limiting im- employment” or “post-parliament employ- munity for parliamentarians in order to strengthen good governance, public integrity and the rule of law in the OSCE region, ment”. This is important as the MP’s plans for Adopted at the 15th Annual Session of the OSCE Parliamentary Assembly, Brussels, 2006. his or her future career can infl uence how he or (53) See: Development Partners Briefi ng Book, Chisinau, February she behaves while in Parliament. The “revolving 2015, p. 17. 60 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

door”, which refers to the practice of individuals punish. The Code must also include provision moving between Parliament or government jobs for the training and education of MPs, provid- and business roles in quick succession, raises ing continuing advice and guidance on how to several different risks of confl ict of interest, in- interpret and implement the rules. In addition, cluding abuse of offi ce, undue infl uence, profi - the Code of Conduct and Ethics needs to ensure teering, switching sides and regulatory capture. the active support of the key Parliamentary ac- It is thus appropriate to stipulate in the CoCE tors to generate acceptance and understanding that the MP will perform his/her Parliamenta- of the rules and principles. In this respect, the ry duties without being infl uenced by potential Speaker and Deputy Speakers play an important future career opportunities in the private sec- role in setting the tone within the Parliament. tor, or without being infl uenced by former col- In terms of consulting and educating members, leagues-MPs to favour their new employer. It the role of Political parties will also be crucial. is thus suggested to stipulate in the CoCE that To encourage a culture of Parliamentary ethics MPs will not seek employment with any pri- at the Parliament of Moldova, a number of ini- vate organisation or commercial company over tiatives are suggested. These include ensuring which they had power of supervision or control that newly elected members receive induction or in favour of which s/he participated in deci- in the Code of Conduct; Members acknowledge sion-making to obtain state orders or fi nancial the Code of Conduct and Ethics; Members sign assistance, during the year immediately prior to a pledge to abide by the Code’s provisions at the end of his/her function as MP. the start of their Parliamentary mandate. The Legal Committee on Appointments and Immu- In terms of oversight and enforcement, Parlia- nities will keep the Code of Conduct and Ethics ments around the world have adopted different under review and make proposals for review mechanisms. In general, there are three main when considered necessary, and hold, at least models. The fi rst is an entirely external regula- once a year, a consultative meeting with CSOs tion and enforcement, as per practices in the on the application of the Code and will call for USA and Serbia. The second is to rely solely on CSO feed-back to the application of the Code. regulation and enforcement within the Parlia- ment itself, as practised in Ireland, Poland and in provinces of Canada. The third is to combine Recommendations: an external investigative commissioner with a Parliamentary committee to enforce sanctions,  We recommend that the Parliament of Mol- which is the system, adopted in -- for instance dova adopt a comprehensive Code of Con- -- the UK. We recommend a mixed system, which duct and Ethics for the Members of Parlia- details a role for a parliamentary Ethics Com- ment, in line with best international and missioner, the Legal Committee on Appoint- European practices, covering all relevant ments and Immunities, and the plenary session issues: Parliamentary immunity, Offi cial of the Parliament of Moldova. The details of the capacity versus private life, Conduct and selection, competencies and functioning of the language during Parliamentary meetings, Ethics Commissioner have been elaborated in Conduct in international relations, Use of further detail in the proposed Code of Conduct Parliamentary resources, Gifts, Confl ict of and Ethics for Members of the Parliament of interest, Incompatibilities of MPs, Electronic Moldova. voting, Assets, Attendance, Gender equality, Though a Code of Conduct sets out the enforce- Treatment of staff, Post-Parliament employment mechanisms and sanctions, the intention ment, and Lobbying. of the Code should be to prevent as much as Ethics framework 61

 We recommend that the Code of Conduct duct of the assistants to the Members of Par- and Ethics for Members of the Parliament liament and the conduct of other types of staff of Moldova set out the establishment and such as part-time and non-paid staff. As far as functions of a Parliamentary Ethics Com- assistants to MPs are concerned, there exists a missioner to conduct investigations on com- Law on “staff working in offi ces of offi cial dig- plaints on violations of the Code and makes nitaries”, but this law only covers their recruit- recommendations to the Legal Committee ment and does not address their conduct. The on Appointments and Immunities on the en- Human Resources Department of the Secretar- forcement of the Code. iat of Parliament has prepared a draft Code of Conduct for all staff working in the Parliament  We recommend that the Code of Conduct of Moldova, but this document hasn’t been ad- and Ethics for Members of the Parliament of opted yet. During our discussions with staff of Moldova encourage a culture of Parliamen- the Parliament, we learned that here exists no tary ethics in a series of concrete proposals specifi c policy framework or rules on dealing with questions of sexual harassment.

6.2. Code of Conduct and Ethics for The Human Resources Department informed us staff in parliament that trainings on ethics for staff, based upon the provisions of the Code for Civil Servants, is The Parliament of Moldova does not have a part of the annual training action plan. It is con- Code of Conduct for its staff. There is a general ducted together with the Public Administration Ethics Code for Civil Servants of Moldova (Feb- Academy (last time it occurred was in May 2015). ruary 2008). The goal of this Code is to establish The UNDP has assisted in training for the new norms of conduct for civil service and inform staff of the regional constituency offi ces. the citizens about the conduct the civil servants shall have for the purpose of improving the quality of the civil service; ensuring a better Recommendations: administration in promoting the public interest; contributing to prevention and elimination of  Taking into account the above information, bureaucracy and corruption in the public ad- we recommended the Parliament of Moldo- ministration, as well as creating an environment va prepare and adopt a Code of Conduct and that would enhance citizens’ trust in the public Ethics for all staff working in and with the authority. Parliament, including assistants to the Mem- bers of Parliament, part-time and non-paid The text of the Code has a number of specifi c staff. provisions related to the duty of civil servants to ensure the citizens’ access to information, the proper use of public resources, the conduct in international relations, provisions on gifts and favours, confl ict of interests, and the obligations of the civil servant holding a management position.

From our meetings with senior staff of the Par- liament of Moldova, we understand that the general Ethics Code for Civil Servants of Moldo- va is insufﬁ cient, as it does not cover the con- 62 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

The international 7 anti-corruption framework The international anti-corruption framework 63

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 64 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

includes provisions for member States to report 7. The international their progress to the international community, anti-corruption and for the international community to share the monitoring of States’ progress. Parliaments framework are expected to play a robust role in this reporting and monitoring cycle. In this section of the report, we will discuss the international framework for the Parliament’s States Parties to the Convention have commit- role in anti-corruption. We will analyze the role ted themselves to a peer review process in or- of the Moldovan Parliament towards UNCAC, discuss the interaction between the Moldova Par- der to evaluate the implementation of UNCAC liament, Council of Europe, GRECO and PACE, and provisions. The mechanism specifi es that each assess the anti-corruption dimension of the EU State party will review, and be reviewed by its Association Agenda. This section of the report is peers, once every fi ve years. The fi rst review related to the chapter “Anti-corruption planning and monitoring” in the GOPAC-UNDP Anti-cor- cycle, which started in 2010 and ended in 2014, ruption Toolkit (p. 12) and UNCAC articles 5, 10, covered Chapters III and IV of the Convention 63. (criminalization and law enforcement, and international cooperation). The second review cycle, which started in 2014, reviews the remaining two chapters: Chapter II (prevention measures) 7..1. Moldovan Parliament and UNCAC and Chapter V (asset recovery).

Moldova signed the United Nations Convention The Moldova Ministry of Foreign Affairs in- against Corruption (UNCAC) on 28 September formed us that the UNCAC reporting requires an 2004. The Law no. 158 on UNCAC was passed extensive process of preparation that lasted for on 6 July 2007; and the Convention was thus several months last year. The process included offi cially ratifi ed in 2007. Being party to UNCAC, sending out a questionnaire to all ministries, the Republic of Moldova is required to align its receiving comments of the line ministries, send- anti-corruption policies, procedures and legis- ing the consolidated draft to the line ministries lation with the measures prescribed in UNCAC and conducting public consultations. Each min- articles. istry has one integrity expert who is responsible for compiling information within the ministry UNCAC is the fi rst legally binding global instru- and who must follow all steps of the UNCAC re- ment against corruption that provides States porting process. As a result, by f example, the Parties with a set of standards, measures and Government of Moldova has provided informa- rules that they are required to apply in their re- tion to the sixth meeting of the Working Group spective countries. The UNCAC review processes on Prevention, established by the Conference of encourage multi-stakeholder engagement at States Parties to the United Nations Convention the national level, including with civil society against Corruption in its resolution 3/2 entitled and Parliamentarians. “Preventive Measures”. This information is re- While it is the executive branches of govern- lated to measures taken on integrity in public ments that sign the UNCAC, it is countries’ Par- procurement processes and transparency and liaments that are responsible for enacting leg- accountability in the management of public islation necessary to meet treaty obligations. fi nances, in relation to measures to promote Once a national anti-corruption authority is transparency and accountability in the man- established, it is the national Parliaments that agement of public fi nances, and in relation to must monitor the authority and the implemen- civil and administrative measures to preserve tation of anti-corruption laws. The Convention the integrity of accounting books, records, fi - The international anti-corruption framework 65

nancial statements or other documents related ther support the country in the fulfi lment of its to public expenditure and revenue to prevent outstanding statutory and accession commit- the falsifi cation of such documents. This gov- ments.55 The Action Plan is geared towards sup- ernment-submitted information has been pub- porting the Moldovan authorities in meeting key lished on the UNODC website.54 national reform objectives: in the functioning of democratic institutions with a particular focus The Parliamentary acknowledged the UNCAC on co-operation in constitutional and elector- when the Convention was ratifi ed and the Law al matters; the fi ght against corruption; reform no. 158 of 6 July 2007 was passed. Responses of the justice sector and independence of the to our questionnaire indicate that a briefi ng or judiciary bodies; protection and promotion of training of MPs and Parliamentary staff on UN- human rights, including the fi ght against traf- CAC was only conducted in a limited fashion. As fi cking and anti-discrimination, freedom and the government implemented the mandatory pluralism of media as well as local democracy UNCAC self-assessment checklist on compli- and decentralisation. A package of actions has ance with the Convention, it appears that Par- been designed to bring the country’s legislative liamentarians were not directly engaged in this and regulatory frameworks, institutions, and process. However, responses to our question- practice further in line with European standards naire state that the Committee on Foreign Poli- and closer to strategic priorities set out in na- cy and European Integration and the Committee tional policy documents such as the Strategy for on National Security, Defence and Public Order Justice Sector Reform (SJSR) 2011-2016, the Na- have been invited to take part in monitoring the tional Human Rights Action Plan 2011-2014, the implementation of UNCAC; however no specifi c National Decentralisation Strategy and other information has been received on the level of sectorial strategies. To support the implemen- detail which Parliament was informed on the tation of the Action Plan, a Steering Committee results of this process. In addition, no specifi c has been created, which includes representa- information has been received if the parliament tives of the CoE, EU, national anti-corruption has received and distributed among its Mem- institutions, government and Parliament. Re- bers the documents which the Ministry of For- sponses to our questionnaire seems to indi- eign Affairs submits to the United Nations on cate that Members of Parliament are not aware UNCAC compliance. of the work of the Steering Committee and the Parliament’s input.

7.2. Moldova Parliament, Council of The Group of States against Corruption (GRE- Europe, GRECO and PACE CO) was established in 1999 by the Council of Europe to monitor States’ compliance with the Following its accession to the Council of Europe organisation’s anti-corruption standards. GRE- in 1995, Moldova accepted the statutory obli- CO monitors all its members on an equal ba- gations and entered into a number of speciﬁ c sis, through a dynamic process of mutual eval- commitments as laid out in the PACE Opinion uation and peer pressure. GRECO monitoring 188 (1995) on Moldova’s application for mem- comprises, ﬁ rstly, of a “horizontal” evaluation bership of the Council of Europe. The present procedure (all members are evaluated within Action Plan to support democratic reforms in an Evaluation Round) leading to recommenda- Moldova 2013-2016 was adopted in 2013 to fur- tions aimed at furthering the necessary legis-

(54) https://www.unodc.org/documents/treaties/UNCAC/ WorkingGroups/workinggroup4/2015-August-31-to- (55) https://rm.coe.int/CoERMPublicCommonSearchServices/ September-2/Contributions_NV/Contribution_-_Moldova.pdf DisplayDCTMContent?documentId=09000016802ed0b5 66 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

lative, institutional and practical reforms; and, specifi c legislation adopted by the Moldovan secondly, a compliance procedure designed to Parliament is clear. However, responses to our assess the measures taken by its members to questionnaire seems to indicate that Members implement the recommendations. of Parliament are not aware of the specifi c GRE- CO progress reports on Moldova nor that they GRECO works in cycles: evaluation rounds, each have not been discussed in Parliament. covering specifi c themes. GRECO’s fi rst evaluation round (2000–2002) dealt with the inde- The Parliamentary Assembly of the Council of pendence, specialisation and means of na- Europe (PACE) established its own anti-corrup- tional bodies engaged in the prevention and tion platform in April 2014. It is intended as a fi ght against corruption. It also dealt with the space for dialogue on corruption, and helps to extent and scope of immunities of public of- promote transparency and honesty in public fi cials from arrest, prosecution. The second life. It brings together elected representatives evaluation round (2003–2006) focused on the from the Parliaments of the 47 member States identifi cation, seizure and confi scation of cor- of the Council of Europe and of non-member ruption proceeds, the prevention and detection states, with experts and other stakeholders in of corruption in public administration, and the order to share information, spread good prac- prevention of legal persons (corporations, etc) tices, and debate on how to deal with new from being used as shields for corruption. The forms of corruption. A series of seminars and third evaluation round (launched in January workshops – with a regional or national focus – 2007) addresses the incriminations provided for were already organised or are planned on top- in the Criminal Law Convention on Corruption ics such as: Mechanisms available to national and the transparency of party funding. Parliaments to counter corruption; a Code of conduct for Parliamentarians; the integrity of In addition to the initiatives taken by the Mol- Parliamentary staff; judicial corruption. dova Government, the Moldovan Parliament adopted specifi c legislation related to GRECO The Moldovan Parliament has participated in evaluation reports and compliance reports. As a the activities of the anti-corruption platform follow-up to the fi rst evaluation round, the Mol- of the Parliamentary Assembly of the Council dovan Parliament adopted legislation on a code of Europe (PACE) through its delegation to the of conduct for public servants.56 As follow-up PACE, most recently in the June 2015 summer to the second evaluation round, the Moldovan session of the PACE in Strasbourg. Parliament adopted legislation on anti-money laundering and on confl icts of interest for public offi cials.57 In the third evaluation round, in 7.3. Moldovan Parliament and 2015 the Moldovan Parliament adopted amend- anti-corruption aspect of the EU ments to the legislation on funding of political Association Agenda parties and election campaigns (as discussed above).58The impact of the GRECO reports on In discussing the international framework for the policy environment in Moldova and the the Parliament’s role in anti-corruption, we will now assess the anti-corruption dimension of the EU Association Agenda. Corruption is the (56) http://www.coe.int/t/dghl/monitoring/greco/evaluations/ challenge most commonly singled out in EU of- round1/GrecoRC1(2005)4_Add_Moldova_EN.pdf fi cials’ declarations on Moldova’s relations with (57) http://www.coe.int/t/dghl/monitoring/greco/evaluations/ round2/GrecoRC2(2008)8_Add_Moldova_EN.pdf the EU. (58) http://www.coe.int/t/dghl/monitoring/greco/evaluations/ round3/2nd%20RC3/Greco%20RC3(2015)3_Moldova_2ndRC_ EN.pdf The international anti-corruption framework 67

On 27 June 2014 the Association Agreement be- Agreement with the EU had not been discussed tween the EU and the Republic of Moldova and at plenary sittings of the Parliament. the DCFTA were signed,. The Agreement was Several MPs noted that in January 2015, an in- ratifi ed by Moldova on 2 July 2014 and by the formative note was received from the develop- European Parliament on 13 November 2014. The ment partners of Moldova. Moldova was called Association Agreement establishes a new legal upon to intensify its fi ght against corruption framework for the advancement of relations at all levels, in particular by ensuring the full between Moldova and the EU at a higher level – functioning and independence of the Nation- political association and economic integration al Anti-Corruption Centre, by putting in place with the EU. a favourable legal framework for the National The National Implementation Plan of the Integrity Commission, by preventing improper EU-Moldova Association Agreement includes infl uence of business interest in any sectors, in- key priorities for cooperation in order to ensure cluding the judiciary, and by ensuring transpar- political association and economic integration ency of public procurement and privatization. with the EU and represents the basic tool for internal monitoring of the European integration process during 2014-2016. In this context, Recommendations: the National Plan includes necessary actions to be undertaken by the responsible institutions  We recommend that the Parliament share under each article/provision and Annexes of the periodical reports of the Ministry of For- the Association Agreement, including the part eign Affairs on UNCAC compliance with all of the Deep and Comprehensive Free Trade Members of Parliament. Agreement within the period specifi ed and the  We recommend that the Parliament share stipulation of the necessary fi nancial resources. the relevant information of the on-going The 2014-2016 National Action Plan for the im- work of the Steering Committee for the Ac- plementation of the EU - Moldova Association tion Plan to support democratic reforms in Agreement59 was approved at the meeting of the Moldova 2013-2016 and the Parliament’s in- Government on 25 June 2014. put in the Steering Committee with all Mem- The reports on monitoring the implementation bers of Parliament. of the 2014-2015 Action Plan under the Associa-  We recommend that the Parliament share tion Agreement with the EU are submitted every the GRECO assessment and compliance re- December following the National Anti-corrup- ports on Moldova with all Members of Par- tion Conference. Following the 2014 elections, liament; and that these reports as such are the Report on monitoring the implementation discussed in Parliament as soon as GRECO of the 2014-2015 Action Plan for the implemen- releases a new report. tation of the 2011-2015 (2014) National Anticor- ruption Strategy was submitted electronically.  We recommend that the Parliament share As a result, the questionnaire fi ndings seem to the reports on monitoring the implementa- suggest that MPs were not aware of the report. tion of the 2014-2015 Action Plan under the It was reported that the anti-corruption is- Association Agreement with the EU with all sues included in the agenda of the Association Members of Parliament.

(59) http://dcfta.md/eng/national-action-plan 68 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Conclusion: 8 GOPAC Chapter for Moldova Conclusion: GOPAC Chapter for Moldova 69

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 70 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

8. Conclusion: GOPAC Structure and Membership Chapter for Moldova The National Chapter is composed of National Chapter members and an Executive Committee

Based upon the content of the current assess- consisting of a Chair, Vice-Chair, Secretary and ment report and taking into account the expe- Treasurer. A National Chapter can also establish riences in other countries, we recommend the a Secretariat if required and if funding is avail- establishment of the GOPAC Chapter for Moldo- able. va. The proposed GOPAC chapter can assist the Parliament of Moldova in a new and strong drive in the area of anti-corruption. It will also enable Full membership shall be available to legislators Moldova in joining a global trend of effective ini- and former legislators at the national and sub tiatives to support the Parliament’s leading role national level, as well as legislators who have in anti-corruption.60 been denied their right to take offi ce. The Re- gional Chapter has the right to reject a membership application if deemed not to be in GOPAC’s interest. Additionally, upon application, the fol- What are the GOPAC National Chapters? lowing shall be members with observer status: The GOPAC (global) “Development Package” ex- institutions, individual donors, NGOs, Supreme plains that a National Chapter is a registered Audit Institutions, and other organizations that non-profi t organisation with the main objec- support similar objectives of the National Chap- tive of bringing together Parliamentarians and ter or provide funding for its activities. others within the country to combat corruption. This includes anti-money laundering and the promotion of transparency and accountability Objectives in order to ensure high standards of integrity in public transactions. National Chapters also col- The objectives of a National Chapter of GOPAC laborate with other National Chapters of GOPAC are: within the Regional Chapter and globally. a. To develop the capacity of Parliamentarians GOPAC’s National Chapters hold a special po- within the country to oversee the activities sition in helping individual members of Par- of the government and other public institu- liament within their own countries to combat tions thereby making them more account- corruption. National Chapters are particularly able. effective in implementing change and producing b. To promote measures within the Parliament results due to their ability to focus on specifi c aimed at effectively dealing with corruption areas of concern. Activities within GOPAC’s Na- and to raise awareness on the issues of cor- tional Chapters have included: introducing bills ruption at all levels of society. in the legislature related to fi ghting corruption and ensuring they are passed and implemented c. To share and inform on lessons learned and by the current government; obtaining signifi - best practices on anti-corruption measures. cant public visibility and political signifi cance; d. To work with national and regional bodies in serving as a professional development support the mobilization of resources for anticorrup- for its members; and engaging civil society in tion programs, including: anti-corruption efforts.

(60) http://gopacnetwork.org/ Conclusion: GOPAC Chapter for Moldova 71

i. Sponsoring anti-corruption workshops Seven Steps to Creating a National for its members on Global Task Force Chapter of GOPAC agendas; 1. Three or four Parliamentarians representing ii. Supporting the activities of National all or most parties in Parliament deciding it Chapters and similar organizations with- would be beneﬁ cial to create a chapter of in the Regional Chapter and the global GOPAC within their Parliament. They become organisation; the Interim Steering Committee.

iii. Contributing to online resources, news- 2. Advise the Regional Chapter and GOPAC letters, social media, etc.; Global Secretariat in Ottawa (by providing names and contact information of members) iv. Liaising and cooperating with interna- of their existence. Continue to maintain reg- tional organisations, Parliamentary insti- ular communications to ensure their success tutions, civil society, and other organisa- as well as to stay informed of GOPAC initia- tions on all matters aimed at improving tives. governance, transparency and accountability; 3. Each member of the Steering Committee commit to fi nding four or fi ve more Parlia- v. Conducting research and disseminating mentarians to participate to have around information on best practices; and twenty in total vi. Promoting the causes of members in fur- 4. The twenty or so Parliamentarians hold a therance of the aims and objectives of meeting and constitute themselves as the the organization. founding members and adopt the constitu- e. To advocate for the inclusion of anti-corruption of the National Chapter. tion measures in all government programs 5. Elect an Executive Committee in accordance and work for the improvement of the capac- with the constitution. ities of national and regional institutions to effectively deal with corruption. 6. Try to identify an NGO that is willing to act as the Secretariat of the Chapter (e.g. Transpar- f. To promote the rule of law and accountabil- ency International). Reach out to the local ity of state institutions. offi ces of the offi cial donor community and g. To fulfi l the objectives of GOPAC within the to civil society. Inform the Speaker and polit- country for the establishment of standards ical parties of their existence as a non-parti- of conduct designed to promote transparen- san entity. cy, accountability and good governance. 7. Adopt a work plan from the Global Task Forces h. To address all other issues incidental or (GTFs) or from a local agenda in consultation conducive to supporting and promoting the with local representatives of donor organi- realisation of any of these objectives, in- sations, civil society and the Regional Secre- cluding the ability to raise money from pub- tariat or Global Secretariat. lic or private sources. 72 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Annexes Annexes 73

EXECUTIVE SUMMARY

INTRODUCTION

THE INSTITUTIONAL FRAMEWORK

LEGISLATIVE ROLE OF PARLIAMENT

OVERSIGHT ROLE OF PARLIAMENT

BUDGET ROLE OF PARLIAMENT

PARLIAMENT'S TRANSPARENCY AND COMMUNICATION

ETHICS FRAMEWORK

THE INTERNATIONAL ANTI-CORRUPTION FRAMEWORK

CONCLUSION: GOPAC CHAPTER FOR MOLDOVA

ANNEXES 74 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Annex 1: Bibliography

1.1. Publications on Moldova (in English language)

1. Boțan, Igor, Moldova in the Eastern Neighbourhood Policy: 2005-2014, Published by: Association for Participatory Democracy ADEPT & Independent Think-Tank EXPERT-GRUP, Chisinau, June 2015, 62 p. 2. Ciubotaru, Maria (ed.), National Integrity System Assessment Moldova 2014, Published by: Trans- parency International Moldova, Chisinau, 2014, 268 p. 3. Ciurea, Corneliu, Towards EU disengagement in Moldova?, Published by: European Council on Foreign Relations, Brussels, July 2015, 2 p. 4. Development Partners Briefi ng Book, Chisinau, February 2015, 76 p. 5. Gamurari Ludmila and Ghinea Cristan, It has only begun: EU and anticorruption institutions in Moldova, Published by: European Policy Centre, EPC Policy Brief, 1 August 2014, 4 p. 6. Lovitt, Jeff, European Integration Index 2014 for Eastern Partnership Countries, Published by: Eastern Partnership Civil Society Forum, Open Society European Policy Institute, International Renaissance Foundation, PASOS (Policy Association for an Open Society), February 2015, 112 p. 7. McDevitt, Andrew, The State Of Corruption: Armenia, Azerbaijan, Georgia, Moldova And Ukraine, Published by: Transparency International, 2015, 31 p. 8. Ministry of Justice, Concept on the reform of prosecution, Chisinau, November 2013, 20 p. 9. National Anti-corruption Centre, Methodology on Conducting Anti-Corruption Proofi ng of Draft Normative Acts, Ordinance 62, Chisinau, 19 April 2013, 7 p. 10. National Integrity Commission, Annual Activity Report, Chisinau, 2014, 34 p. 11. Octavian, Cosmin-Ioan, Legal Challenges to Moldova’s Accession to the European Union, Master thesis submitted as part of the fi nal examination for the Master of Laws (LL.M.) degree, Katho- lieke Universiteit Leuven - Faculty Of Law, May 2015, 60 p. 12. Report On The Finances Of Electoral Candidates During The Campaign For 2014 Parliamentary Elections, Published by: Civic Coalition For Free And Fair Elections Promo-Lex Association, Chisi- nau, December 2014, 13. Secrieuru, Stanislav and Sobjak, Anita, Moldova’s European Integration: on Sick Leave? , Pub- lished by: Polish Institute of International Affairs, Warsaw, June 2015, 7 p. 14. Secrieuru, Stanislav and Sobjak, Anita, Reforms Wanted: A To-Do List for a Future Moldovan Gov- ernment, Published by: Polish Institute of International Affairs, Warsaw, December 2014, 10 p. 15. Sobjak, Anita (ed.), Anti-corruption in Moldova and Ukraine. A V4 Handbook of Best Practices, Published by: Polish Institute of International Affairs, Warsaw, June 2015, 124 p. 16. Soloviev Vladimir, Moldova: The Failing Champion of European Integration, Published by: Lega- tum Institute and Institute of Modern Russia, London, July 2014, 20 p. Annexes 75

1.2. Parliamentary Integrity, Accountability and Transparency Publications

1. Anti-Corruption Assessment Tool for Parliamentarians, UNDP and GOPAC, 2013, New York, 48 p. 2. Asset disclosure - A guide to best practice in transparency, accountability and civic engagement across the public sector, Published by: Transparency & Accountability Initiative c/o Open Soci- ety Foundation, London, 2011, 6 p. 3. Beetham David, Deveaux Kevin, Heller Nathaniel and Laberge Marie, Anti-Corruption Assess- ment Tool for Parliamentarians, Published by UNDP and GOPAC, New York & Ottawa, 2013, 48 p. 4. Brown, Greg (ed.), Common Ethical Principles for Members of Parliament - draft document, Pub- lished by: Open Government Partnership’s Legislative Openness Working Group, Washington DC, July 2015, 8 p. 5. Commonwealth Parliamentary Association (CPA) Recommended Benchmarks for Codes of Con- duct applying to Members of Parliament, April 2015, 15 p. 6. David-Barrett, Elizabeth, Background Study: Professional and Ethical Standards for Parliamen- tarians, Published by: OSCE / ODIHR, Warsaw, 2012, 88 p. 7. Declaration on Parliamentary Openness - Provision Commentary, Published by: OpeningParlia- ment.org, August 2012, 52 p. 8. Declaration on Parliamentary Openness, Published by: OpeningParliament.org, August 2012, 14 p. 9. Digital Democracy Commission, Open Up! Report of the Speaker’s Commission on Digital De- mocracy, UK House of Commons, March 2015, London, 97 p. 10. Final Report of Seminar on “Mechanisms available to National Parliaments to Counter Corrup- tion”, Published by: PACE Parliamentary Project Support Division, Belgrade, December 2013, 8 p. 11. Goodrich, Steve, How Open Data can help tackle corruption, Published by: Transparency Inter- national UK, London, June 2015, 28 p. 12. Stapenhurst, Rick and Pelizzo, Riccardo, Legislative Ethics and Codes of Conduct, Published by: World Bank Institute, Washington DC, 2004, 25 p. 13. Toornstra, Dick, Information And Communication Technologies in Parliament - Tools For Democ- racy , Published by: European Parliament – OPPD, Brussels, 2010 , 68 p. 14. Williamson, Andy, Social Media Guidelines for Parliaments, IPU, Geneva, March 2013, 37 p.

1.3. EU, Council of Europe and OSCE Documents

1. CoE/EU Eastern Partnership Programmatic Co-operation Framework (PCF), Assessment of Three Draft Laws: “On the declaration of wealth, personal interests, conﬂ icts of interest and gifts”, “On the National Centre for Integrity”, “Amending and Supplementing Certain Legislative Acts”; Drafted by Dr. Tilman Hoppe, reviewed by Vera Devine, and input provided by Valts Kalnins, Council of Europe experts, April 2015, 88 p. 2. Council of Europe Secretariat General, Directorate General Human Rights and Rule of Law, “Opinion of Information Society and Action against Crime Directorate prepared on the basis of the expertise by Tilman HOPPE on Article III of Draft Law ‘On Amendment of Certain Laws’ and Draft Law ‘On Professional Integrity Testing’ of Moldova,” Strasbourg, 8 January 2013, 40 p. 3. Council of Europe, Action Plan to support democratic reforms in the Republic of Moldova 2013 – 2016. Preliminary results and programming outlook. draft document, 25 June 2015, p. 4. 76 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

4. GRECO, Third Evaluation Round. Evaluation report on Moldova “Transparency of party funding”, Adopted by GRECO at its 50th Plenary Meeting, Strasbourg, 28 March - 1 April 2011, 27 p. 5. GRECO, Third Evaluation Round - Compliance report on Moldova - transparency of party funding, Adopted by GRECO at its 59th Plenary Meeting, Strasbourg, 18-22 March 2013, 19 p 6. Implementation of European Neighbourhood Policy in Moldova. Progress in 2014 and recommendations for action (joint working document), European Commission, Brussels, 25 March 2015, 7 p. 7. Joint Opinion On The Draft Law On The Prosecution Service Of The Republic Of Moldova - Ad- opted By The Venice Commission At Its 102nd Plenary Session (Venice, 20-22 March 2015), Stras- bourg / Warsaw, 23 March 2015, 29 p. 8. OSCE Ofﬁ ce for Democratic Institutions and Human Rights, “Limited Election Observation Mis- sion Republic of Moldova Local Elections, 14 June 2015. Interim Report 14–28 May,” 1 June 2015, 20 p. 9. OSCE Parliamentary Assembly Resolution on limiting immunity for parliamentarians in order to strengthen good governance, public integrity and the rule of law in the OSCE region, Adopted at the 15th Annual Session of the OSCE Parliamentary Assembly, Brussels, 2006. 10. Venice Commission and OSCE/ODIHR, Joint Opinion On Draft Legislation Of The Republic Of Moldova Pertaining To Financing Political Parties And Election Campaigns, Adopted by the Council for Democratic Elections at its 44th meeting (Venice, 7 March 2013) and by the Venice Commission at its 94th Plenary Session (Venice, 8-9 March 2013), 18 p. Annexes 77

Annex 2: Mission agenda and list of persons interviewed

13 July, 2015 1. Oskars Kastens, Victoria Muntean UNDP Democracy Programme/ Parliament 2. Lilia Carasciuc Transparency International (TI) 14 July, 2015 1. Galina Bostan Centre for Analysis and Prevention of Corruption (CAPC) 2. Igor Corman Committee on Foreign Policy and European Integration 3. Ludmila Lupu Strengthening capacity of NIC UNDP project 4. Olga Bitca Anticorruption Alliance (AAC) 5. Laura Stefan, Nadejda Hriptievschi Legal Resources Centre from Moldova (LRCM) 6. Niklas Kossow Open Data Consultant,UNDP Istanbul Regional Hub 15 July, 2015 1. Stefan Creanga Committee on Economy, Finance and Budget 2. Svetlana Ursu Head of Communications Depart. 3. Alexandru Coica East Europe Foundation Moldova 4. Arcadie Barbarosie Institute for Public Policy (IPP) 16 July, 2015 1. Gheorghe Ursoi Strategic development department 2. Vadim Ventila Staff at the Internal Audit Ofﬁ ce 3. Vremea Party of Communists of the R.M. 4. Valentina Buliga PD 5. Elena Bodnarenco Committee on Public Administration and Regional Development 17 July 2015 1. Ion Creanga Head of Legal Department 2. Ion Solonaru Security and integrity service 3. Igor Fondos Committee for national security, defense and public order 4. Angela Enciu, Aliona Galaicu Parliament Secretariat 20 July 2015 1. Oskars Kastens, Victoria Muntean UNDP Democracy Programme/ Parliament 2. Raisa Apolschi, Apolschii Committee for Appointments and Immunities (DP) 3. Alina Iacub Head of Human Resources 4. Ala Popescu Secretary General 5. Anatolie Donciu National Integrity Commission 21 July 2015 1. Corina Calugarul Ministry of Foreign Affairs and European Integration 2. LP Delegation Ion Casian, Ion Apostol, Lilian Carp and Mihai Pascovschi 3. Saghin Adviser of the Speaker 78 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

22 July 2015 1. Ion Creanga Head of Legal Department 2. Andrei Vrabie EEAS-CHISINAU 3. Tudor Deliu LDP Delegation 4. Cristina Țărnă Deputy director. National Anti-Corruption Centre 23 July 2015 1. Rusu Victor Head of Analytical and Informational Department 2. Oskars Kastens, Victoria Muntean UNDP Democracy Programme/ Parliament 3.Jose Luis Herrero Council of Europe SKYTOWER, 4 ﬂ oor 4. Igor Fondos and Vitalie Lungu Committee for national security, defense and public order 5. Adrian Popenco Anti-corruption Prosecutor Ofﬁ ce 6. Veaceslav Untila Head of Commity for national security, defence and public order 7. Inga Savin Centre of European Policies, Moldovan Branch of the Romanian Centre for European Policies 24 July 2015 1. Iurire Cernean, Sergiu Lupusor, Committee on Economy, Finance and Budget Sv. Sagaidac 2. Mihai Pascovschi PL Delagation 3. Nicolae Sandu LDP Delagation 4. Angela Pascaru Court of Account of Moldova 5. Ala Dolinta SP Delegation 6. Jose Luis Herrero Council of Europe Annexes 79

Information Note to the draft Decision for the approval of the Anti-Corruption Action Plan of the Parliament of Moldova 2016-2018

The Anti-Corruption Action Plan of the Parlia- The sections of the Action Plan follow the main ment of Moldova 2016-2018 was developed by chapters of the Anti-Corruption Self-Assess- Franklin De Vrieze, an adviser employed by the ment Report for the Parliament of Moldova. “Improving democracy in Moldova through par- Hence, the Action Plan has eight sections, dedi- liamentary and electoral support” programme, cated to these issues: implemented by United Nations Development Section 1 Programme (UNDP). Anti-corruption institutional framework The content of the Action Plan is based upon Section 2 the ﬁ ndings and recommendations of the An- Legislative role of parliament ti-Corruption Self-Assessment Report for the Section 3 Parliament of Moldova, developed by Franklin Oversight role of parliament De Vrieze under the “Improving democracy in Moldova through parliamentary and electoral Section 4 support” programme, implemented by UNDP, Budget role of parliament the National Anti-Corruption Strategy 2011-2015 Section 5 and the evaluation and compliance reports of Parliament’s transparency and communication GRECO (Group of States against Corruption). Section 6 Ethics framework The purpose of this Action Plan is to provide practical guidance on which initiatives require Section 7 action, specifying those in charge, progress International anti-corruption framework indicators, the expected result and the time- Section 8 frame needed for the implementation of these GOPAC Chapter for Moldova actions. Costs related to carrying out the actions includ- The Action Plan has been designed for three ed in the plan are to be included in the Parlia- years because such a time-frame seems real- ment’s budget allocations for the correspond- istic and achievable for all initiatives listed in ing years. this document. 80 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Annex: Anti-Corruption Action Plan of the Parliament of Moldova 2016-2018

Deadline / Responsible for Reference Progress No. Action frequency implementation document indicators Expected result 1. The institutional framework for anti-corruption 1.1. Extend timeline of National Anti- April-May Committee Anti-Corruption Decisions on Implementation Corruption Strategy in a way to 2016 on National National Strategy extension of actions from be implemented also during 2016 Security, National Anti- plans adopted and adopt Anti-corruption Action Defence and Anti-Corruption Corruption Plan 2016 Public Order Self-Assessment Strategy and Report adoption Action Plan 1.2. Examine and adopt draft state Annually Committee on Anti-Corruption Separate budget Secured fi nancial budget with separate budget Economy, Budget National Strategy lines identifi ed in means for lines for specifi c measures and Finance state budget anti-corruption foreseen in National Anti- Anti-Corruption actions Corruption Strategy Self-Assessment Report 1.3. Review progress/activity Annually Committee Anti-Corruption Conducted Increased report on implementation of on National National Strategy debates awareness on the National Anti-Corruption Security, Anti-Corruption Strategy; organize plenary Defence and Anti-Corruption Decision adopted National Strategy session debates and adopt a Public Order Self-Assessment and decision Report anti-corruption policies 1.4. Member of Parliament to Ongoing Committee Minutes prepared Number of Participation of participate in the Monitoring on National by the Monitoring meetings which the stakeholders Group for implementation of Security, Group and NAC MPs attended in decision National Anti-Corruption Strategy Defence and Board making process and in NAC Board and inform all Public Order Members of the Committee on National Security, Defence and Public Order on the work of these working bodies 1.5. Adopt in plenary session the Semester I Legal Anti-Corruption Draft laws Adjusted legal draft laws on National Integrity 2016 Committee on National Strategy adopted framework Commission and on declaration Appointments to integrate of assets and Immunities anti-corruption standards 1.6. Conduct briefi ng and training After Human Anti-Corruption Number of Legal provisions sessions for MPs and Parliament amendment Resources National Strategy trainings effectively Secretariat’s staff on how of the law Division implemented to effi ciently fi ll in the new in force, Number of declaration form on-line thereafter, participants annually 1.7. Elect the members of the After Legal Anti-Corruption Selection Management, role National Integrity Commission adoption Committee on National Strategy procedure and functioning of Law on Appointments completed of National National and Immunities Integrity Centre Integrity guaranteed Centre 1.8. Examine allocation, according to Annually Committee on Law No 133 of Budget needs Financial and the draft law on state budget, of Economy, Budget 8 July 2011 on of the National human resources suffi cient budget funds, including and Finance Personal Data Center for of the National ensuring adequate staffi ng Protection Personal Data Center for structure for the National Center Protection Personal Data for Personal Data Protection identifi ed and Protection allocated guaranteed 2. Legislative function of the Parliament 2.1. Finalize the methodology of September General Legal Parliament’s Methodology Higher standard endorsement of draft 2016 Division of the Standing Rules agreed and effi ciency in the laws Parliament implemented endorsement Secretariat process of draft laws Annexes 81

Deadline / Responsible for Reference Progress No. Action frequency implementation document indicators Expected result 2.2. Develop electronic template to December General Legal Anti-Corruption Template agreed Increased standardize draft laws opinions 2016 Division of the Self-Assessment and implemented effectiveness Parliament Report in legislative Secretariat process 2.3. Mandatory section in Reports Ongoing Standing Anti-Corruption Number of Higher effi ciency on Draft Law highlights Committees Self-Assessment reports in anti-corruption recommendations from anti- Report assessment corruption expert review report process not upheld by the Committee 2.4. Request a new anti-corruption Prior to Standing Anti-Corruption Number of Corruption risks expert review by the National fi nal vote Committees National Strategy requests clearly identifi ed Anti-Corruption Centre, in cases in plenary when a draft law was changed session Anti-Corruption substantially during review Self-Assessment process Report 2.5. Return the draft law to the Ongoing Speaker of the Anti-Corruption Number of draft Corruption risks Committee when amendments Parliament Self-Assessment laws returned reduced are (re)introduced without Report supporting materials 2.6. Return to the author any draft Ongoing Speaker of the Parliament’s Number of draft Higher effi ciency law which is of too poor quality Parliament Standing Rules laws returned in anti-corruption in terms of legal and linguistic General assessment compliance Directorate of process Parliamentary Documentation 2.7. Discuss the report of the Central Annually Legal Anti-Corruption Report of the Increased Electoral Commission Committee on National Strategy Central Electoral effectiveness in Appointments Commission implementation and Immunities analysed and of legislation recommendations implemented 2.8. Discuss progress in 2016 Committee Anti-Corruption Number of Participation in implementation of the anti- onwards on National Self-Assessment implemented decision making corruption measures in the Security, Report measures process by new National Security Strategy Defence and identifi ed stakeholders 2017-2020 Public Order 3. Oversight role of parliament 3.1. Modify the Parliament’s 2016 General Legal Parliament’s Revision to Instruments for Standing Rules so that only the Division Standing Rules Parliament’s accountability Prime Minister and Ministers Standing Rules more operational answer MPs questions and fully adopted implement and monitor these provisions of the Parliament’s Standing Rules 3.2. Apply decisions on issues of anti- Ongoing Committee Parliament’s Number of Instruments for corruption more frequently for National Standing Rules decisions accountability Security, adopted more operational Defence and Public Order 3.3. Organize training sessions for Annually, as Human Anti-Corruption Number of MPs Parliament’s MPs and staff of parliamentary needed Resources Self-Assessment participating Standing Rules committees secretariats on Division Report effectively parliamentary oversight in the Service for implemented area of anti-corruption Security and Integrity 82 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Deadline / Responsible for Reference Progress No. Action frequency implementation document indicators Expected result 3.4. Conduct parliamentary oversight Ongoing Respective Anti-Corruption Number of Corruption risks (consultations, hearings) on Standing National Strategy corruption risk identifi ed and corruption risk assessment and Committees assessments and diminished by integrity plans within central Parliament’s integrity plans implementing public authorities, healthcare Standing Rules reviewed; integrity plans; system, penitentiary system, Number of Instruments for border police, national army, participants accountability customs service, diplomatic in oversight more operational missions and consular services hearings; Number of recommendations identifi ed 3.5. Conduct parliamentary oversight Ongoing Respective Anti-Corruption Number of Codes Norms of conduct (consultations, hearings) Standing National Strategy of Conduct established and on the application of the Committees reviewed; implemented Code of Conduct for Customs Parliament’s Number of Service Offi cer, medical and Standing Rules recommendations pharmaceutical worker; teacher- identifi ed coach of physical education and sports, sportsman 3.6. Conduct parliamentary oversight Ongoing Legal Anti-Corruption Number of Norms of conduct (consultations, hearings) on Committee on National Strategy participants in established and the application of internal Appointments hearings implemented regulations on whistle-blowers by and Immunities Parliament’s the public authorities Standing Rules Number of recommendations 3.7. Ongoing monitoring of the Ongoing Committee Anti-Corruption Number of Corruption risks implementation of corruption on Culture, National Strategy participants in identifi ed and prevention mechanisms in the Education, hearings diminished education system at all levels Research, Youth, Parliament’s Sports and Standing Rules Number of Media recommendations 3.8. Launch pilot project for 2016-2017 Committee Anti-Corruption Pilot project Increased systematic review of on National National Strategy agreed effectiveness in implementation of key pieces of Security, implementation legislation acts Defence and Parliament’s Recommendations of legislation Public Order Standing Rules adopted Legal Committee on Appointments and Immunities Legal Division of the Parliament Secretariat 3.9 Ensure training for staff of 2016 Human Parliament’s Number of staff Increased skills Parliament Legal Directorate and Resources Standing Rules trained and knowledge on staff of secretariats of Standing Division post-legislative Committees on the methodology scrutiny of post-legislative scrutiny 3.10 Discuss the reports of law 2016-2018 Committee Anti-Corruption Number of Instruments for enforcement agencies and on National National Strategy reports discussed accountability criminal prosecution authorities Security, more operational on combating corruption, and Defence and Number of adopt a resolution in plenary Public Order decisions session adopted

4. Role of Parliament in the budget process 4.1. Examine the opportunity to 2017 Secretary Law No 181 of Concept Note & Increased skills establish a well-equipped General 25 July 2014 Centre agreed and knowledge Parliamentary Centre for on Public Budgetary Studies Finance and the Budgetary and Fiscal Accountability

Anti-Corruption Self-Assessment Report Annexes 83

Deadline / Responsible for Reference Progress No. Action frequency implementation document indicators Expected result 4.2. Establish a Parliamentary 2015-2016 Committee on Law No 261-XVI Decision on the Higher efﬁ ciency subcommittee to manage CoA Economy, Budget of 5 December subcommittee in review of CoA reports and Finance 2008 on Court of taken reports Accounts

Anti-Corruption National Strategy 4.3. Adopt amendments to the 2016 Committee on Anti-Corruption Amendments Higher efﬁ ciency Parliament’s Standing Rules Economy, Budget National Strategy discussed and in review of CoA to stipulate that Parliament and Finance approved reports committees need to examine the Anti-Corruption CoA reports and oversee their Self-Assessment follow-up Report 4.4. Attend more frequently 2015-2018 Committee on Anti-Corruption Number of CoA Effective the hearings of the CoA in Economy, Budget National Strategy hearings attended cooperation preparation of the CoA audit and Finance by MPs between the reports Anti-Corruption Parliament and Self-Assessment CoA Report 4.5. Organize hearings in the context Ongoing Standing Anti-Corruption Number of budget Enhanced of parliamentary scrutiny on Committees National Strategy spenders issues accountability measures taken by the budget addressed spenders to address issues Anti-Corruption reported by the Court of Accounts Self-Assessment Report 5. Parliament’s transparency and communication 5.1. Join the activities of the 2016-2018 Communications Anti-Corruption Number of Exposure to Legislative Openness Working Department Self-Assessment activities international Group of the Open Government Report attended standards Partnership. 5.2. Develop a new, comprehensive 2016 Communications IPU Guidelines Communication Agreed priorities communication strategy, Department on parliamentary strategy adopted, and resources including actions in the area of websites, on monitored and for an openness Parliament competence, social social media implemented Parliament media and „Open data” policies 5.3. Systemic and operational update ongoing Communications Law No 982-XIV Amount of Transparency of the website of the Parliament Department, ICT of 11 May 2000 information guaranteed with information developed by Department on Access to published the Communications Department Information

5.4. Launch a smart phone mobile 2017-2018 Communications Law No 982-XIV Number of Improved means application to provide citizens Department, ICT of 11 May 2000 applications for citizens’ input with access to information on Department on Access to downloaded to parliament the Parliament activity and the Information Number of option to comment on selected comments draft laws 6. Ethics framework 6.1. Adopt a comprehensive Code of First half of Legal 4th round of Code adopted Stronger integrity Conduct and Ethics for MPs in 2016 Committee on GRECO evaluation and published and respect for line with best international and Appointments OSCE MPs & Parliament European practices and Immunities Parliamentary Assembly Resolution 2006 6.2. Establish the position Second half Legal Anti-Corruption Ethics Norms of conduct of Parliamentary Ethics of 2016 Committee on Self-Assessment Commissioner established and Commissioner to conduct Appointments Report recruited and implemented investigations of violations and Immunities fully operational of the Code and make recommendations on the enforcement of the Code 6.3. MPs acknowledge/approval of when Code Speaker of the Anti-Corruption 100% signatures Stronger the Code of Conduct and Ethics enters into Parliament Self-Assessment to Code pledge commitment to and sign a pledge to abide by the force; when Report integrity and Code’s provisions new MPs norms of conduct take ofﬁ ce 84 Anti-corruption self-assessment report for the Parliament of the Republic of Moldova

Deadline / Responsible for Reference Progress No. Action frequency implementation document indicators Expected result 6.4. Adopt a Code of Conduct 2016 Human Law No 25-XVI Code for all staff Stronger integrity and Ethics for the Parliament Resources of 22 February approved and and protection for Secretariat’s staff, including MPs Division 2008 on the Civil published Parliament staff assistants/councillors Service for Servants’ Code of Security and Conduct Integrity 6.5. Organize and conduct a Annually Human Anti-Corruption Number of Effective training course for Parliament Resources National Strategy participants implementation Secretariat’s staff on anti- Division of risk corruption policies, corruption Service for Government management expertise, corruption risk Security and Decision No 906 process ensured assessment and management Integrity of 28 July 2008 Enhanced skills, knowledge of corruption issues 7. International anti-corruption framework 7.1. Share the periodical reports of Ongoing Parliament UNCAC 2nd review Number of - increased skills the Ministry of Foreign Affairs on Secretariat cycle reports received, and knowledge; UNCAC compliance with all MPs shared - participation in decision making 7.2. Share the GRECO assessment and 2016-2018 Parliament GRECO reports, Number of process by compliance reports on Moldova Secretariat 3rd and 4th round documents stakeholders; with all MPs shared - instruments for 7.3 Share with all MPs reports on Ongoing Parliament EU Association Number of accountability monitoring implementation of Secretariat Agreement & documents more operational; 2014-2015 Action Plan under DCFTA shared - exposure to Association Agreement with EU international standards 8. GOPAC Chapter for Moldova 8.1. Establish the GOPAC Chapter for 2016 MPs from all GOPAC HQ GOPAC statutes Coordination of Moldova in line with the GOPAC parliamentary Guidelines agreed by MPs parliamentary HQ Guidelines for National groups anti-corruption Chapters work 8.2. Cooperate with other GOPAC Ongoing MPs from all MoU with other Number of Exposure to chapters as per the MoU parliamentary GOPAC chapters GOPAC meetings international signed at regional GOPAC-UNDP groups attended standards conference (May 2015)