NO. 20 | OCTOBER – DECEMBER 2018 GOOD GOVERNANCE CONTENTS GOOD GOVERNANCE European institutions are concerned about EUROPEAN INSTITUTIONS ARE CONCERNED ABOUT THE the deterioration of democratic standards and the level of corruption in Moldova ................................. 1 DETERIORATION OF DEMOCRATIC STANDARDS AND THE Constitutional Court: Citizens can initiate referendums, LEVEL OF CORRUPTION IN MOLDOVA but only with the consent of the Parliament ........................ 2 Torments of the referendum held on 24 February 2019 ....... 3 The decision-making transparency of the Parliament In the autumn of 2018, the Council of Europe (CoE) and the European Parliament needs improvement .............................................................. 4 have warned Moldovan authorities about the deterioration of democratic standards Barometer of Public Opinion 2018 - poverty and corruption remain among the biggest concerns of Moldovans ............. 5 and the need to ensure the rule of law in Moldova. Three new judges were appointed to the Constitutional Court ................................................. 6 On 11 October 2018, 25 members of the Parliamentary Assembly of the Council JUSTICE The SCJ upholds the SCM decision on the dismissal of Europe (PACE) adopted a declaration voicing concern about the deterioration of judge Domnica MANOLE ................................................. 7 New legislation on remuneration in the budgetary sector - of basic democratic standards in the Republic of Moldova: rule of law, democratic how did this affect the salaries of judges? ........................... 9 institutions, independence of judiciary, media freedom, and harassment of opposition. Investigative judges after 15 years of activity - with little experience, high workload and indulgent MEPs called on the Moldovan authorities to ensure that the results of Chişinău mayoral towards prosecutors .......................................................... 10 elections in summer of 2018 are fully respected, adjust the electoral law according to ANTI-CORRUPTION AND INTEGRITY the recommendations of the Venice Commission and to ensure that citizens of the European Commission report on visa-free travel regime: Moldova needs to take immediate measures to fight Republic of Moldova living abroad will be able to participate freely in the upcoming corruption and money laundering ...................................... 11 What do the certificates of integrity contain parliamentary elections. MEPs also expressed their concern by the pressure posed on and what is the procedure of their issuance? ..................... 12 How uniform is the practice of the Supreme Court NGOs denying their right to access foreign funding and requested that the Monitoring of Justice regarding the case-law on integrity issues? ...... 12 Committee visited the Republic of Moldova as a matter of urgency. The LRCM has launched 2 infographics on selective justice and sanctions in cases of corruption ..................... 13 NOTORIOUS CASES On 14 November 2018, the European Parliament adopted a Resolution on The dean of the largest law faculty in Moldova the implementation of the EU Association Agreement with Moldova. The is prosecuted for corruption ............................................... 14 The first criminal case against a judge accused resolution mentions, among other things, some achievements in the banking system, of illicit enrichment submitted to the court ........................ 14 reform efforts in the field of public administration and in the area of public finance Veaceslav PLATON was convicted in a new criminal case. 15 management, the legislative amendments adopted in July 2018 meant to strengthen HUMAN RIGHTS The Constitutional Court has again expressed merit-based selection and promotion of judges, as well as their accountability and opinion on the obligation to vaccinate children ................ 16 The denial of access to the materials of the prosecution so on. At the same time the MEPs underlined backsliding in relation to democratic for the victims of ill-treatment is unconstitutional ............ 16 standards in Moldova to which Moldova had subscribed notably as part of the ECtHR - Moldova did not sanction adequately the abuses of the police in April 2019 ............................... 17 Association Agreement (AA), such as democracy – including fair and transparent The Venice Commission recommends thorough review of the legislation regarding the SIS activity ............ 18 elections respecting the will of the citizens, as well as a multi-party democratic What does NAC expertise say about the package system – and the rule of law – including the independence and impartiality of the of laws on personal data protection adopted in the first reading by the Parliament? .............................. 19 judiciary. It is mentioned in the Resolution that the Republic of Moldova is a state In 2019, several procedures of the ECtHR activity will be reformed ..................................................... 20 captured by oligarchic interests with a concentration of economic and political power The LRCM informed the Committee of Ministers in the hands of a small group of people exerting their influence on the Parliament, the of the Council of Europe about the measures taken by the Republic of Moldova to combat ill-treatment .......... 20 Government, political parties, the state administration, the police, the judiciary and CIVIL SOCIETY the media and leading to highly unsatisfactory implementation of legislation with little The Council of Europe recommends the Member States to benefit for the citizens. strengthen the protection and promotion of civil society space in Europe .................................................................. 21 Attacks on civil society organizations continue ................. 21 Open-Dialog Case - are authorities again proposing to limit the external financing of the civil society organizations? ................................................................... 22 Summing up the 2% mechanism for the years 2017 and 2018 ................................................................... 22 IN BRIEF ........................................................................ 22 NEWSLETTER NO. 20 | OCTOBER – DECEMBER 2018 WWW.CRJM.ORG 2 The European Parliament also noted regressions and government or of the President of the Democratic Party of concerns in other AA-regulated areas such as the media, Moldova, Vladimir PLAHOTNIUC. combating money laundering, combating THE EUROPEAN corruption, the need for independence, The European Parliament reiterated its position PARLIAMENT: impartiality and efficiency of the judiciary that any decision on future macro financial THE REPUBLIC OF and anti-corruption institutions, the need for assistance disbursement should only take place MOLDOVA IS A publishing of the second Kroll report and for a after the parliamentary elections scheduled STATE CAPTURED BY swift and transparent prosecution of all those for February 2019 and on condition that they OLIGARCHIC INTERESTS responsible for the USD 1 billion bank fraud are conducted in line with internationally WITH A CONCENTRATION unveiled in 2014, as well as the recovery of recognised standards. Also, the European OF ECONOMIC AND stolen assets, for prompt examination of cases Parliament mentioned that the payment of all POLITICAL POWER IN that are pending or undergoing investigation, budget support programmes should remain on THE HANDS OF A SMALL notably that of Ilan SHOR etc. The European hold until meaningful progress in democratic GROUP OF PEOPLE Parliament has expressed concerns about standards takes place, including reform of the undue or disproportionate criminal proceedings that target judiciary and judicial action against the persons responsible human rights defenders, independent judges such as Domnica for the bank fraud in line with the European Parliament MANOLE and Gheorghe BALAN, journalists and critics of the Resolution as of 5 July 2018. CONSTITUTIONAL COURT: CITIZENS CAN INITIATE REFERENDUMS, BUT ONLY WITH THE CONSENT OF THE PARLIAMENT On 12 March 2018, the Central Electoral Commission refused necessary to initiate a constitutional referendum (which refers to register the initiative group for a legislative republican to the amendment of the Constitution). In the latter case, as referendum (the group called for cancelling the mixed electoral is apparent from Art. 135 par. (1) letter c) of the Constitution, system introduced in 2017), arguing that there is no legal the CCM has to decide until the referendum is initiated “on the provision that clearly establishes the right of citizens to initiate conditions for the draft validation”. In the case of a legislative legislative referendum. The refusal came even if art. 155 of the referendum not aimed at amending the Constitution, under Electoral Code provided that the referendum Art. 135 par. (1) letter d) of the Constitution, THE PARLIAMENT MUST could be initiated by 200,000 citizens, 1/3 of the CCM only has to confirm the results of VERIFY THE TEXT OF the MPs, the President or the Government. On the referendum. The CCM may not confirm QUESTIONS PROPOSED 3 April 2018, three MPs representing Liberal the results of the referendum initiated by FOR A LEGISLATIVE Democrats requested the Constitutional Court citizens when the text voted at the referendum REFERENDUM, WHICH (CCM) to explain whether citizens have the contravenes the Constitution. SIGNIFICANTLY right to initiate legislative