Monitoring Public Policies in Moldova - 4 EaP CSF, Moldovan National Platform, Working Group 1 April 2020 This report was compiled within the project „Building the State of Law and Democracy: the Contribution of Civil Society” with the financial support of the Embassy of the Kingdom of the Netherlands in Bucharest. The content is the responsibility of the authors and does not necessarily reflect the view of the donors. ” Transparency International – Moldova 31 August 1989 Str., 98, of., Chişinău, Moldova, MD-2004 Phone: +373 22 203484, + 373 22 203485, Email: [email protected], Web: http://transparency.md Institute for European Policies and Reforms Bucuresti Str, 90, of. 20, Chişinău, Moldova, MD-2001 Phone : +373 22 788989 Email: [email protected], Web: http://ipre.md/ Promo-Lex Ştefan cel Mare Str., 127, Chişinău, Moldova, MD-2004 Phone: + 373 22 450024, E-mail: [email protected], Web: https://promolex.md/ Centre for Independent Journalism Sciusev Str., 53, Chişinău, Moldova, MD-2012 Fhone: +373 22 213652, +373 22 227539, Email: [email protected], Web: http://media-azi.md/ Legal Resources Centre from Moldova Sciusev Str., 33, Chişinău, Moldova, MD 2001 Phone: + 373 22 843601 ext. 109, E-mail: [email protected] , Web: www.crjm.org Association of Independent Press Bucureşti 41/5 Str., Chişinău, Moldova, MD-2012 Phone: +373 22 220996, + 373 68 983 983, E-mail: [email protected], Web: http://api.md/ Institute for Development and Social Initiatives (IDIS) "Viitorul" Iacob Hîncu Str., 10/1, Chişinău, Moldova, MD-2005 Phone : +373 22 210932, E-mail: [email protected] , Web: http://www.viitorul.org/ Institute for Urban Development Mihai Eminescu Str, 29/1A, Chişinău, Moldova, MD-2028 Phone: +373 22 211467, +373 22 211467 E-mail: [email protected] Web: http://idu-moldova.org WatchDog.MD Community Sciusev Str., 68, Chişinău, Moldova, MD-2012 Email: [email protected] Web: https://www.watchdog.md/ Independent Think-Thank ”EXPERT-GRUP” Alexandru Bernardazzi 45 Str., Chişinău, Moldova, MD-2012, Phone: +373 22 929 994, E-mail: [email protected] Web: https://www.expert-grup.org/ 1 Table of contents Page Introduction 4 1 EU Association 1.1 Institute for European Policies and Reforms (IPRE), Expert-Grup: 5 Shadow Report: EU - Moldova Association Agreement. Five years of implementation 1.2 IPRE – Policy Paper: Five Years of EU-Moldova Visa Free Travel 10 1.3 IPRE – Policy Paper: Parliamentary development in the framework of Moldova’s 11 Europeanisation process 1.4 Expert-Grup: EU policy on strengthening resilience in Moldova, Ukraine and Georgia 14 Between the rule of law and oligarchic influence 1.5 Expert-Grup, IPRE, LRCM: White Book of Good Governance. Policy priorities for the 14 next 12 months for the Government of the Republic of Moldova 1.6 Expert-Grup: DCFTA implications for foreign trade of the Transnistrian region 15 2 Anti-corruption 2.1 Transparency International-Moldova (TI-Moldova) –The gates to Europe: 17 Moldovan Citizenship for Sale 2.2 WatchDog.MD, TI-Moldova: The Russian Laundromat – a $70 billion money-laundering 18 scheme facilitated by Moldovan political elites 2.3 TI-Moldova: Quality of Anti-corruption Policies and Working Climate in Central 22 Public Authorities - Survey of Public Servants 2.4 TI-Moldova: Monitoring anti-corruption policies in Central Public Authorities: Access to 25 Information via Public Web-pages and Transparency of Decision Making Process 2.5 IDIS Viitorul: Evaluation Report Strategy for the Development of the Public 28 Procurement System for the years 2016–2020 2.6 IDIS Viitorul: Monitoring the Sectorial Plan for Anti-Corruption Actions in the Field of 31 Public Procurement for the Years 2018-2020 2.7 IDIS Viitorul: Policy Analysis – Constraints on the Use of MTender Public Procurement 32 Electronic System 2.8 IDIS Viitorul: Policy Analysis – How Does the European Single Procurement Document 34 Facilitate the Public Procurement Process? 2.9 Institute for Urban Development: Monitoring the Implementation of the Sectoral Anti- 35 corruption Plan in the field of Administration and de-Nationalization of Public Property 2.10 IDIS Viitorul – Monitoring Report: Transparency of Public Capital Enterprises 37 2.11 Association of Independent Press: Monitoring the Effectiveness of the National 39 Integrity System and the Work of the National Integrity Authority (NIA) 2.12 Association of Independent Press: Public Authorities’ Reaction to the Facts on Public 41 Officials’ Integrity, Described by Investigative Journalists (July 2017 – July 2019) 2.13 Expert-Grup: Everything about Informal Economy. Reducing Corruption by 42 Developing Cashless Payments 3 Justice Sector 3.1 Legal Resources Centre from Moldova: Assessment of Gender Dimension in the Justice 44 Sector of the Republic of Moldova 3.2 Legal Resources Centre from Moldova: Moldovan justice in figures – a comparative 44 perspective 2 3.3 Legal Resources Centre from Moldova: Communication in Accordance with Rule 9.2 of 46 the Rules of the Committee of Ministers for the Supervision of the Execution of Judgments and of the Terms of Friendly Settlements 3.4 IDIS Viitorul: The Small Justice Reform 46 4 Economic Development 4.1 Expert-Grup: Economic Models of Aid Effectiveness in Moldova 49 4.2 Expert-Grup: War by other means. Kremlin’s Energy Policy as a Channel of Influence. 50 A comparative assessment. Case studies from Ukraine, Moldova, Georgia, Romania and Hungary 4.3 Expert-Grup: The Ungheni-Chisinau Gas Pipeline: Outlook for Before and After 2020 50 4.4 Expert-Grup: MEGA, the XXth edition, Economic challenges following political 52 turbulence 4.5 Expert-Grup: The State of the Country Report 2019 53 5 Media Freedom 5.1 Association of Independent Press: The Study of Rural Media Consumer Perception 57 of Disinformation and Manipulation 5.2 Independent Journalism Center: Media Monitoring during the Electoral Campaign 57 for the General Local elections/October 2019 5.3 Independent Journalism Center: Media Monitoring Reporting on Minority Issues 58 and Diversity in the Media 5.4 Independent Journalism Center: Media Monitoring - Elements of Propaganda, 60 Information Manipulation, and Violation of Journalism Ethics in the Local Media Space 5.5 Independent Journalism Center: Media Monitoring in the Campaign for 2019 61 Parliamentary Elections 5.6 Independent Journalism Center: Media Monitoring - Public Discourse of 62 Candidates from the Gender Perspective in the New Parliamentary Elections in Single-Member Districts 6 Human Rights 6.1 Legal Resources Centre from Moldova: Republic of Moldova at the European Court of 64 Human Rights in 2018 6.2 Promo-LEX: Brief Report on Promoting and Defending Human Rights in the 64 Transnistrian Region 7 Democracy and Electoral Process 7.1 Promo-LEX: Civic Monitoring of the Police Development Strategy 2016 - 2020 66 7.2 Promo-LEX: Increasing Public Trust and Transparency of the Parliamentary Elections 67 and General Local Elections Through Civic Monitoring 7.3 Legal Resources Centre from Moldova: Radiography of Attacks Against NGOs from the 73 Republic of Moldova 8 Declarations and Appeals 3 Introduction Year 2019 and the beginning of 2020 presented the most challenging time for the process of monitoring public policies by civil society organizations in Moldova. Three totally different governments followed one by one, sharing different priorities, values and work principles. An oligarchic governance by the Democrat Party of Moldova that presented a classical model of state capture phenomenon, compromised the European path of the country and affected public trust in democracy and rule of law, was substituted by the government set by an explosive Parliamentary majority formed of two pro- European political parties (ACUM – an alliance between the Party of Action and Solidarity and Dignity and Trues Platform Party) and the pro-Russian Socialist Party informally headed by the President of the country. The Parliamentary majority has been created for the only purpose - to dismount the oligarchic system that captured power in the country and to return to a more representative and proper for Moldova proportional Parliamentary electoral system. This collaboration made possible several important steps, beginning with the Parliament’s statement of state capture in the country, initiating a new phase of reformation of justice system, proceeding to some formal contests for high ranked public positions and suspending some policies and programs initiated by their predecessors – initiatives that worked for the only benefit of a narrow group of interests. Unfortunately, this Government has been quickly dismissed by the Parliament, the Parliamentary majority formed by ACUM and SPRM falling apart due to lack of democracy within political parties, weak persistence and determination in setting independent bodies, low negotiating capacities - a base of any political activity, susceptibility to blackmail of some politicians and, probably, fear to be trapped by an eventually uncontrolled/independent justice system. As the result, the more likely hidden at the beginning negotiations between the pro-Russian socialists and declared pro-European democrats finally came on the political surface and a new political majority between these two exponents has been created in the Parliament. The new majority quickly formed a common Government. The vote followed with the eyes down by socialists in a clear understanding of total failure to keep the electoral promises to overturn the state capture phenomenon in Moldova. A similar decision in different conditions (with no COVID 19 pandemics) would, most probably, cause mass-protests of disappointed electorate. Identifying persons from the close surrounding of the run-away oligarch Plahotniuc in high public positions, civil society and mass-media more and more frequently express concern that the phenomenon of state capture in Moldova may only change its form, leaving genuine reforms outside the interests of the governors. This report includes a compilation of summaries on monitoring public policies conducted by the members of EaP CSF, Moldovan National Platform, Working Group 1 made within various projects since the last Annual Assembly of the Eastern Partnership Civil Society Forum.