REVIEW AND RECOMMENDATIONSPOLITICAL PARTIES FOR REFORM LEGISLATION IN MOLDOVA: Th e reform of political parties legislation and regulation can act as a platform from Dr. Igor Munteanu which to consider a wide array of crucial issues in the development of a stable IDIS - Viitorul andTh lastinge reform democratic of political party parties system. legislation Th ese include, inter alia, political party fi nancing, internaland regulation party democracy, can act as the a platform participation of women, registration and monitoring offrom political which parties. to consider a wide array of crucial issues in the development of a stable and lasting Indemocratic partnership party with system.the OSCE’s Th ese Offi include, ce for Democraticinter Institutions and Human Rights (OSCE-ODIHR)alia political party and fiwith nancing, the fi internalnancial supportparty of the European Union, Igor Munteanu, POLITICAL Executive Director of IDIS Viitorul, led an in-depth consultative process with key democracy, the participation of women, registration R E V I E W A N D stakeholdersand monitoring in Moldova of political on the parties. issue of political party reform, raising problems and proposing possible solutions. In partnership with the OSCE’s Offi ce for Th e result is Political Parties Legislation in Moldova: Review and Recommendations PARTIES forDemocratic Reform, a comprehensive Institutions and report Human which Rights thoroughly analyses the particular problems and(OSCE issues - ODIHR) in Moldova’s and withlegislative the fi nancial and regulatory support framework for political parties. RECOMMENDATIONS Lookingof the European forward, andUnion, based Denys on the Kovryzhenko, results of the consultations, Munteanu proposes anand agenda his colleagues for reform at based the Agency on international for Legislative and European standards and best practice. Initatives (ALI), led an in-depth consultative LEGISLATION Aboutprocess IDIS with Viitorul key stakeholders. Th e Institute in Ukraine for Development and Social Initiatives F O R R E F O R M (IDIS)on theissue Viitorul of is political a research, party education legislation and reform, outreach organization active in the fi eld ofraising economic problems analysis, and governance, proposing possiblelaw, political solutions. sciences, strategic and organizational science. It was set up in June 1993 in Moldova as a non-governmental, not-for-profi t, I N M O L D O V A andTh non-politicale result is Regulation organization. of Political Th e IDIS’s Parties mission is to contribute to the growth of an independent thinking environment in Moldova and in other emerging in Ukraine: the Current State and Direction democracies; to contribute to the strengthening of local and regional governments; of Reforms, a comprehensive report which to assist the expansion of a civil society in which citizens act together to express their ownthoroughly interests, analyses to exchange the particular information problems and to strive for mutual goals and to infl uence government.and issues in Ukraine’s legislative and regulatory framework for political parties. Looking forward, Forand more based information, on the results please of thevisit consultations, http://www.viitorul.org the report proposes an agenda for reform based on international and European standards and best practice. Th is document has been produced with the fi nancial assistance of the European Union, within the framework of a joint project of the European Union and the OSCE Offi ce for Democratic Institutions and Human Rights (ODIHR). Th e views expressed herein can in no way be taken to refl ect the offi cial opinion of the European Union, nor do they necessarily refl ect the policy and position of the OSCE ODIHR. cover moldavia.indd 1 2010-09-01 11:03:38 dr. igor Munteanu IDIS - Viitorul P o l i t i c a l r e v i e w a n d P a r t i e s r e c o mm e n d a t i o n s l e g i s l a t i o n f o r r e f o r M i n M o l d o v a september 2010 Published by IDIS “Viitorul”, and OSCE/ODIHR IDIS “Viitorul” Iacob Hincu 10/1 Chisinau Republic of Moldova OSCE Office for Democratic Institutions and Human Rights (ODIHR) Aleje Ujazdowskie 19 00-557 Warsaw Poland ISBN 978-92-9234-782-6 © IDIS “Viitorul”, OSCE/ODIHR 2010 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of IDIS “Viitorul” and the OSCE/ODIHR as the source. This document has been produced with the financial assistance of the European Union, within the framework of a joint project of the European Union and the OSCE Office for Democratic Institutions and Human Rights (ODIHR). The views expressed herein can in no way be taken to reflect the official opinion of the European Union, nor do they necessarily reflect the policy and position of the OSCE ODIHR. Designed by Homework, Warsaw, Poland Printed in Moldova by Editura Cartier Srl, Chisinau Table of contents Preface. 7 Introduction. 11 I. The emerging multi-party system in the Republic of Moldova: origins and causes . 17 1.1. Assessing the origins of the pluralistic system in Moldova after Soviet dissolution. 17 1.2. Advancement of the multi-party system in Moldova after 1991 independence declaration. 23 1.3. Constitutional reform of 2000 and its impact on political developments. 32 1.4. Post-electoral developments in Moldova. 53 1.5. Installation of the new ruling Alliance. 57 II. Institutional Context for Political Parties. 61 2.1. Constitutional provisions. 61 2.2. Normative provisions of party functioning in Moldova. 66 2.3. Normative restrictions on political parties. 73 2.4. The issue of regional parties. 75 2.5. Non-commercial, but different in scope. 80 2.6. Organisational rules for parties. 88 2.7. Patrimonial issues and financing for political parties. 93 2.8. Regulatory penalties on political parties . 96 2.10. Registration of political parties . 101 2.11. Dissolution/De-registration of parties. 104 III. Parliamentary regulation and parties. 109 3.1. Permanent Regulation of the Parliament of the Republic of Moldova. 109 3.2. Parliamentary groups and legislative business. 112 4 Political Parties Legislation in Moldova: Review and Recommendations for Reform 3.3. Parliamentary versus Semi-Presidential political regime. 115 IV. Political Parties as Organisations. 123 4.1. Membership in political parties. 123 4.2. Legally enforceable rights of political parties and their organisational structure. 130 4.3. Leadership in political parties . 136 4.4. Parties’ ‘internal democracy’ . 137 V. Parties in Elections . 143 5.1. Organization of elections: regulations, practices and actors. 143 5.2. Rules for appointment of candidates in elections. 157 5.3. Parties in campaigns . 166 5.4. Women in parties and election. 169 5.5. Representation of ethnic minorities in political parties. 174 VI. Sources of political financing. 179 6.1. Public subventions . 179 6.2. Fund-raising/contribution limits. 191 6.3. Loans applied to political parties. 193 6.4. Membership fees from party members. 195 6.5. Enforcement of regulations. 198 6.6. Responsibility. 201 6.7. Transparency. 202 6.8. Sanctions to prevent misuse of state resources during campaigns. 203 6.9. Sanctions to parties for deliberate violations during campaigns. 206 VII. Findings and recommendations on party regulations. 209 7.1. Improvement of the Law on Political Parties: . 210 7.2. Improvement of internal party regulations: . 213 7.3. Improvement of the Election Code: . 213 Annex No. 1 Focus Group Discussions Analysis on the evaluation of the party regulations. 215 Methodological Aspects: . 215 Analysis and Summary of the Focus Group Results . 215 5 Definitions and Best Practices in Politics. 217 Legal Procedures for Registration or Re-registration . 219 Parties as Organizations/ Internal Democracy. 221 Women in Political Parties and Elections . 222 Financing of Political Parties /Public Financing. 223 Fundraising and Contribution Limits. 225 Transparency and Abuse of Administrative Resources . 226 Regulatory Authority. 226 Penalties . 227 Annex No. 2 Bibliography. 229 Annex No. 3 Draft Proposals for the Election Code . 243 Annex No. 4 Draft Proposals to amend the Law on Political Parties. 251 Preface The importance of political parties as fundamental elements of modern democrat- ic governance cannot be overstated. Our modern understanding of representative democracy, as codified and defined in international standards, foresees an essential role for political parties: representing, shaping, leading, transmitting, and coalesc- ing citizens’ ideas, interests and views. Indeed, it is quite clear that this vision of political parties was essential to the commitments laid out twenty years ago when the Conference on Security and Cooperation in Europe (CSCE) adopted the Char- ter of Paris for a New Europe and the Copenhagen Document on the Human Dimension of the CSCE. At Paris, the participating States proclaimed that “democracy, with its represent- ative and pluralist character, entails accountability to the electorate”, affirming some of the essential functions of political parties. In the Copenhagen Document, the participating States unanimously affirmed the “importance of pluralism with regard to political organizations”, and committed themselves to “vigorous democra- cy… [with an] … extensive range of democratic institutions” and declared that they would achieve this by sharing information and co-operating in “developing politi- cal parties and their role in pluralistic societies”. Building on this legacy, the OSCE Office for Democratic Institutions and Human Rights’ (ODIHR) Democratic Governance work strongly emphasizes the impor- tance of political parties as a key mechanism in fulfilling commitments in the human dimension of security. Parties are a collective platform for the expression of individuals’ fundamental rights to association and expression, and the most widely utilized vehicle for political participation.