Moldova
DEMOCRACY-PERCENTAGE Democracy Percentage | 35.12 100 |
DEMOCRACY-SCORE Democracy Score | 3.11 7 |
- National Democratic Governance rating improved from 2.25 to 2.50 due to the ouster of political figures, including PDM leader and oligarch Vladimir Plahotniuc and Orhei mayor Ilan Shor, who exerted informal control over the country’s government.
- Corruption rating improved from 2.00 to 2.25 due to new government-led efforts to combat corruption implemented after the 2019 post-election political crisis, which have led to an increased number of criminal charges against high- and medium-level officials.
By Victor Gotisan
The year 2019 was probably the most turbulent in Moldovan politics in a decade. The results of the February parliamentary elections radically changed the political situation in the country. Two camps with totally different visions—the pro-Russian Party of Socialists of the Republic of Moldova (PSRM) and the pro-European electoral bloc ACUM (consisting of the Party of Action and Solidarity, or PAS, and the Dignity and Truth Platform Party, or PPDA)—created a “compromise coalition” in June in order to remove the oligarchic regime built by the Democratic Party of Moldova (PDM), which had been in power since 2015. 1 PSRM leader Zinaida Greceanîi was named speaker of Parliament, while PAS leader Maia Sandu was named prime minister. Prior to the coalition’s formation, the PDM organized protests and blocked the working of state institutions, leading coalition leaders to accuse it of attempting to usurp control of the country. 2 The Sandu government moved to prosecute key figures from the former regime, like PDM leader and influential oligarch Vladimir Plahotniuc, who fled the country. 3 The coalition was very fragile and endured only five months, collapsing in November 2019 after the PSRM initiated a no-confidence vote. This restored the tacit alliance between the PDM and the PSRM, as the two parties joined forces to create a new government, with former PSRM leader and current President Igor Dodon’s advisor Ion Chicu serving as prime minister.
The main achievements of the brief PSRM-ACUM “compromise coalition” included judicial reforms, the de-monopolization of some sectors controlled by people or companies close to the PDM, and investigations into cases of corruption and expropriation of state assets that took place from 2013 to 2019, like the “billion-dollar theft” of assets from three Moldovan banks and the illicit concession of Chișinău International Airport. As a result of these investigations, several lawmakers from the PDM and the Shor Party had their parliamentary immunity waived so that criminal proceedings against them could begin. The coalition also began the process of changing the leadership and management of strategic state institutions like the Intelligence and Security Service (SIS) controlled by the PDM and Plahotniuc. However, this effort failed, as the PSRM and Dodon successfully installed their own loyalists in these institutions. So, by the end of the year, Moldova found itself on the brink—a hybrid regime with clear elements of an authoritarian regime.
The electoral process was under considerable strain in 2019. Moldova organized two electoral campaigns, parliamentary elections in February and local elections in October, both of which suffered in terms of fairness and equal access to the right to vote for the general population. In the parliamentary elections, observers monitoring the vote were intimidated, which has not occurred in the country since 2009.
The civil sector was quite active in 2019. It performed watchdog activities in relation to political appointments at state institutions and in government decisions taken hastily without public consultation. At the same time, civil society continued to face big challenges—most notably, defamatory campaigns orchestrated by state institutions, political parties, and partisan media.
The media freedom situation continued to deteriorate in Moldova, although problems that independent media face remained much the same, such as the ongoing intimidation of journalists. The change of government power did not lead to the de-politicization of regulatory institutions, and the dominant forces in the media sector affiliated with the PDM simply repositioned themselves as the PSRM’s influence grew.
The quality of democratic governance at the local level remains low. The year saw massive political migration of local public authorities (LPAs) away from the PDM—spurred by intimidation, this movement highlights the ongoing political dependence of LPAs on the central administration. Planned administrative-territorial reforms dating back to 2016 did not advance at all during the year.
Despite challenges facing the justice system, the sector achieved some small successes in 2019. The change of government power saw judges step forward and speak out about problems in the justice system. On the other hand, the practice of making appointments to the judiciary based on political criteria continued. The PSRM and the ACUM entertained different approaches for reforming the justice system, with the PSRM preferring to slow-walk changes to the sector and the ACUM pushing for radical reforms. This difference became the stumbling block that led to the breakup of the coalition.
The Sandu government launched several actions that injected new life into the fight against corruption. A number of PDM and Shor Party figures implicated in corruption were charged, although many cases were unresolved at year’s end, as these figures fled the country.
Moldova’s foreign policy in 2019 wavered between a pro-Western stance under the Sandu government, tasked with resetting and strengthening relations with the European Union (EU) and United States, and, after November, a pro-Russian stance exhibited by the Chicu government. In its five months in power, the Sandu government managed to regain EU trust, which led in October to the release of the first tranche of €30 million in macro-financial assistance and €55 million in sectoral assistance, 4 which had been suspended in 2017. However, the fall of the Sandu government and subsequent appointment of a “technocratic government” staffed by PDM and PSRM cadres renewed development partners’ suspicions toward Chișinău. 5
Resolution of the Transnistrian conflict stagnated in 2019 in the wake of Moldova’s internal challenges. A new round of 5+2 negotiations in Bratislava failed to yield any commitments, 6 while an effort to improve material conditions in Transnistria stalled as the breakaway authorities in Tiraspol made no progress on certain human rights indicators. 7
The year’s political uncertainties negatively affected the country’s economy. However, despite a slight slowdown, domestic and foreign experts, including the International Monetary Fund (IMF) and the World Bank, forecasted gross domestic product (GDP) growth of around 4.5 percent for 2019, fueled by rising exports as well as growth in industry.
- 1 Cotidianul, Maia Sandu, la Bruxelles: Vrem ca în Republica Moldova să nu mai existe „putere oligarhică” [Maia Sandu, in Brussels: We want no "oligarchic power" in the Republic of Moldova], 24 July 2019, https://cotidianul.md/2019/07/24/maia-sandu-la-bruxelles-vrem-ca-in-rep…
- 2 Radio Free Europe / Radio Liberty, Ministrul de interne confirmă că Plahotniuc a ieșit din R. Moldova prin regiunea transnistreană [The Interior Minister confirms that Plahotniuc has left Moldova through the Transnistrian region], 20 June 2019, https://moldova.europalibera.org/a/ministrul-de-interne-confirm%C4%83-c…
- 3 Ziarul de Garda, Moldova Announces Fugitive Oligarch, Vladimir Plahotniuc In International Search, 4 November 2019, https://zdg.md/eng/investigative/moldova-announces-fugitive-oligarch-vl…
- 4 European Commission, EU approves €30 million disbursement in Macro-Financial Assistance to the Republic of Moldova, 10 October 2019, https://ec.europa.eu/commission/presscorner/detail/en/ip_19_6060
- 5 TV8, Mesaj scandalos! Consilierul lui Dodon acuză diplomații UE de frauda bancară. Reacțiile lui Năstase, Popescu și Michalko [Scandalous message! Dodon's adviser accuses EU diplomats of bank fraud. The reactions of Nastase, Popescu and Michalko], 18 October 2019, available in Romanian at http://tv8.md/2019/10/18/mesaj-scandalos-consilierul-lui-dodon-acuza-di…
- 6 The Organization for Security and Co-operation in Europe (OSCE), Two-day 5+2 talks on the Transdniestrian settlement process conclude in Bratislava, October 2019, available in Engish at https://www.osce.org/chairmanship/435392
- 7 Mihai Mogildea, Încotro ne duce politica „pașilor mici”? [Where does the "small steps" policy take us?], October 2019, available in Romanian at https://ipre.md/2019/10/25/nota-analitica-nr-72019-incotro-ne-duc-pasii…
Considers the democratic character of the governmental system; and the independence, effectiveness, and accountability of the legislative and executive branches. | 2.50 3 7.00 7 |
- Moldova’s political processes were marked by extreme turbulence in 2019. The parliamentary elections on February 24, and the resulting political reconfiguration, evicted the PDM from government but not before the party attempted to challenge the legitimacy of the “compromise coalition” between the PSRM and the ACUM. The coalition prevailed, although conflict over different visions for justice reform brought it down after only five months, with the PSRM triggering a successful no-confidence vote and then forming a new government with the PDM in November.
- The parliamentary elections were the most significant political event of the year and changed the country’s political landscape: of the 101 mandates in Parliament, the PSRM won 35, the PDM 30, the ACUM 26, and the Shor Party 7, while independent lawmakers secured the remaining 3 seats. 1
- On June 8, almost three months after the validation of mandates and after several rounds of negotiations among the three largest factions that acceded to Parliament, the PSRM and the ACUM struck a coalition deal. 2 On the same day, 61 lawmakers from the PSRM and the ACUM elected Zinaida Greceanîi as speaker of Parliament and Maia Sandu as prime minister.
- The PDM did not take part in the June 8 parliamentary session, claiming that the deadline for the creation of a parliamentary majority had expired on June 7. The constitution gives lawmakers “three months” to form a government after parliamentary elections, a clause the PDM interpreted to mean 90 days after February 24. 3 Consequently, the PDM asserted that the only legitimate government was the incumbent one headed by former prime minister Pavel Filip (of the PDM). The PDM appealed to the Constitutional Court, which decided to declare the Sandu government illegal, dismiss Parliament, and relieve President Dodon of his duties for failing to call new elections. 4 Following the court rulings, riot police, accompanied by groups of pro-PDM protesters, blockaded government buildings. The coalition stood its ground, declaring Moldova a “captured state” and dismissing the leadership of the Intelligence and Security Service (SIS) and National Anticorruption Centre (CNA). 5
- The political deadlock ended on June 14, when Filip and PDM leader Plahotniuc, under intense internal and external pressure, stepped down. Shortly thereafter, 6 Plahotniuc and Ilan Shor, leader of the Shor Party, fled the country, as they were publicly accused by the coalition of attempting to usurp power as well as direct involvement in the “billion-dollar theft.” 7 On June 15, the Constitutional Court annulled its earlier rulings, and its judges resigned en masse later in the month. 8
- The shift in government expanded the political influence of the ACUM, the PSRM, and President Dodon, whose powers were strengthened. In June, as part of the coalition deal, the SIS 9 and the State Protection and Guard Service (SPPS) 10 were put under the president’s purview; previously, they were subordinate to Parliament.
- A disagreement over the process for selecting a new general prosecutor brought the Sandu government down just five months after it was formed. On November 6, Sandu proposed that the prime minister should submit a “shortlist” of candidates for the post to the Superior Council of Prosecutors (SCP), accusing the PSRM of tampering with the agreed-upon selection process under the auspices of the Ministry of Justice. 11 Antagonized, the PSRM initiated a no-confidence motion on November 8, which succeeded four days later with the support of PDM lawmakers, 12 thus putting an end to the coalition.
- Only one day after the Sandu government’s dismissal, President Dodon nominated Ion Chicu, his advisor and the former minister of economy in the Filip government, to the prime minister’s post. On November 14, the Chicu government was voted in by 62 lawmakers from the PDM and the PSRM, restoring the “tacit alliance” between the two parties, which had existed up until the February parliamentary elections. 13 Dodon called the Chicu government “technocratic” and nonpartisan, but six of its ten ministers are his former advisers, two are former advisers to Speaker of Parliament Greceanîi, and one is the PSRM’s former lawyer. 14
- 1 Association for Participatory Democracy (ADEPT), Parliamentary Elections from 24 February 2019, www.alegeri.md/w/Pagina_principală
- 2 Cristina Gherasimov, Can Moldova’s New Coalition Stick Together?, 19 June 2019, https://www.chathamhouse.org/expert/comment/can-moldova-s-new-coalition…
- 3 Constitution of the Republic of Moldova, Title III, Chapter 5, Article 85, http://www.presedinte.md/titlul3#5
- 4 It is worth mentioning, that in December 2018, the parliamentary majority controlled by PDM had appointed three MPs from their own party as judges to the CCRM. European Council on Foreign Relations. Vadim Pistrinciuc, Moldova crisis: The first battle in the war for democracy, 21st June 2019, https://www.ecfr.eu/article/commentary_moldova_crisis_the_first_battle_…
- 5 Jurnal TV, Șefii SIS și CNA au fost DEMIȘI de Parlament [NAC and ISS directors dismissed by Parliament], 8 June 2019, http://jurnal.md/ro/news/13cc06be48fa08e8/live-parlamentul-a-votat-decl…
- 6 Kamil Całus, End of the dual government in Moldova, June 17, 2019, available in English at https://www.osw.waw.pl/en/publikacje/analyses/2019-06-17/end-dual-gover…
- 7 Madalin Necsutu, Moldova Seeks Arrest of Convicted Oligarch Ilan Shor, July 26, 2019, available in English at https://balkaninsight.com/2019/07/26/moldova-seeks-arrest-of-convicted-…
- 8 Madalin Necsutu, “Moldova’s Constitutional Court Judges Resign Over ‘Political Bias’,” Balkan Insight, 26 June 2019, https://balkaninsight.com/2019/06/26/moldovas-constitutional-court-judg…
- 9 Radio Free Europe / Radio Liberty, SIS trece sub dublu control: președinte și parlament [SIS goes under double control: president and parliament], https://moldova.europalibera.org/a/30005650.html
- 10 Deutsche Welle Moldova, Moldova intră sub Igor Dodon, asistat de blocul ACUM [Moldova comes under Igor Dodon, assisted by the ACUM block], https://www.dw.com/ro/moldova-intr%C4%83-sub-igor-dodon-asistat-de-bloc…
- 11 Madalin Necsutu, “Battle Over Prosecutor’s Post Imperils Moldovan Coalition,” Balkan Insight, 8 November 2019, https://balkaninsight.com/2019/11/08/battle-over-prosecutors-post-imper…
- 12 Radio Free Europe / Radio Liberty, Moldovan Government Collapses; EU Calls Development 'Worrying', November 2019, available in English at https://www.rferl.org/a/moldovan-parliament-to-consider-confidence-vote… .
- 13 Madalin Necsutu, Moldova’s Parliament Backs Ion Chicu as New PM, November 2019, available in English at https://balkaninsight.com/2019/11/14/moldovas-parliament-votes-in-ion-c…
- 14 Madalin Necsutu, Moldovan Socialists May Come to Regret Power-Grab, November 2019, available in English at https://balkaninsight.com/2019/11/20/moldovan-socialists-may-come-to-re…
Examines national executive and legislative elections, the electoral framework, the functioning of multiparty systems, and popular participation in the political process. | 4.00 4 7.00 7 |
- In 2019, Moldova held both parliamentary elections and local elections. Although turbulent, in general, the right to vote was respected in both elections, which were competitive but less than fully free and fair in some respects.
- The parliamentary elections on February 24 were organized for the first time using a mixed electoral system, which, according to the Organization for Security and Co-operation in Europe (OSCE) and the Venice Commission, had been adopted by the former PDM regime without “meaningful and inclusive parliamentary debate.” 1 The OSCE and Venice Commission further noted that the shift from a fully proportional system could give undue influence to “businesspeople or other actors who follow their own separate interests.”
- Following the results of the elections (see “National Democratic Governance”), the composition of Parliament changed dramatically compared to its previous iteration. Several parties acceded to Parliament for the first time (the ACUM electoral bloc and the Shor Party), while other once-prominent parties did not pass the electoral threshold (including the Communists, the Liberals, and the Liberal Democrats). Turnout was 50.57 percent, a drop of 7 percent vis-à-vis the 2014 parliamentary elections. 2 Later, in October, by-elections took place in four constituencies after lawmakers resigned or accepted positions in government. 3
- Monitoring organizations observed a number of irregularities at the polls. 4 The Civic Coalition for Free and Fair Elections, a group of Moldovan civil society organizations, declared the vote “unfair and partially free.” 5 The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) pointed to “strong indications of vote buying and the misuse of state resources.” 6 Troublingly, the vote marked the first time in a decade in which domestic election observers were intimidated. 7 After the Sandu government criticized the conduct of the vote, the management of the Central Election Commission (CEC) resigned and was replaced. 8
- On the same day as the parliamentary elections, citizens also participated in a consultative referendum organized on the PDM’s initiative. 9 It proposed decreasing the size of Parliament from 101 to 61 seats as well as introducing a mechanism for recalling lawmakers. 10 A majority backed both proposals, 11 but the referendum was not legally binding. The civil sector described the referendum as a means for the PDM to gain political capital. 12
- In August, Parliament annulled Moldova’s mixed electoral system and revived use of the former fully proportional system. 13 It also repealed a law passed by the PDM in December 2018, less than three months prior to the parliamentary elections, that allowed campaigning on the day before and the day of an election. 14
- On October 20, local elections took place in all administrative-territorial units across the country (see “Local Democratic Governance”). The vote saw one of the lowest participation rates in the country’s history—just 41.7 percent, almost 8 percent less than in 2015. 15 The low turnout can be explained by population loss, voter fatigue, deception by the political class, 16 and decreased trust in local public authorities.
- Controversially, in September, the CEC refused to register independent candidate and former acting mayor of Chișinău Ruslan Codreanu in the local election for the capital city’s mayoralty, accusing him of attempting to falsify signatures. 17 Codreanu was viewed as having a legitimate chance at reaching the second round of the vote.
- 1 European Commission for Democracy Through Law (Venice Commission), OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR), “Venice Commission Opinion No. 884/2017, ODIHR Opinion-No.: ELE-MDA/308/2017,” Warsaw, 19 June 2017, http://www.osce.org/odihr/elections/moldova/324356?download=true
- 2 Central Electoral Commission, Comisia Electorală Centrală a totalizat rezultatele alegerilor Parlamentului Republicii Moldova [The Central Election Commission has totalized the results of the elections of the Parliament of the Republic of Moldova], 3 March 2019, https://a.cec.md/ro/comisia-electorala-centrala-a-totalizat-rezultatele…
- 3 The Central Electoral Commission, New parliamentary elections 2019: Electoral constituencies, https://a.cec.md/ro/circumscriptii-electorale-5117.html
- 4 European Parliament – Election Observation Delegation to the parliamentary elections in the Republic of Moldova, Report of the European Parliament Delegation for the observation of the parliamentary elections in the Republic of Moldova headed by Ms. Rebecca HARMS, 24 February 2019, http://www.europarl.europa.eu/globaldemocracysupport/en/elections/elect…
- 5 The Civic Coalition for Free and Fair Elections, Statement. The position of the Civic Coalition for Free and Fair Elections on the Parliamentary elections of February 24, 2019, http://alegeliber.md/declaratia-coalitiei-alegeri-libere-si-corecte-fat…
- 6 Organisation for Security and Co-operation in Europe, Moldova, Parliamentary Elections, 24 February 2019: Final Report, 22 May 2019, https://www.osce.org/odihr/elections/moldova/420452
- 7 The Civic Coalition for Free and Fair Elections, Statement. The position of the Civic Coalition for Free and Fair Elections on the Parliamentary elections of February 24, 2019, http://alegeliber.md/declaratia-coalitiei-alegeri-libere-si-corecte-fat…
- 8 Radio Free Europe / Radio Liberty, Parlamentul a numit trei membri ai Comisiei Electorale Centrale [The Parliament named three new membersof CEC], https://moldova.europalibera.org/a/30058527.html
- 9 Association for Participatory Democracy (ADEPT), Referendumul republican consultativ din 2019 [The 2019 Republican Consultative Referendum], http://alegeri.md/w/Referendumul_republican_consultativ_din_2019
- 10 Radio France International, R. Moldova: Referendum, odată cu alegerile parlamentare din februarie 2019 [Moldova: Referendum, with the parliamentary elections from February 2019], https://www.rfi.ro/politica-107785-rmoldova-referendum-odata-cu-alegeri…
- 11 The Constitutional Court, Curtea a confirmat rezultatele referendumului republican consultativ din 24 februarie 2019 [The Constitutional Court confirmed the results of the referendum from February 24, 2019], March 2019, http://www.constcourt.md/libview.php?l=ro&idc=7&id=1427&t=/Media/Noutat…
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12
Radio Free Europe / Radio Liberty, Referendumul din 24 februarie: deputați sau „prorabi”? [The referendum from 24 February: MPs or „bricklayers”?],
https://moldova.europalibera.org/a/referendumul-din-24-februarie-eu-pen…
- 13 Deutsche Welle Moldova, Sistemul electoral mixt a fost anulat. Ilan Șor rămâne fără imunitate [The mixed electoral system was canceled. Ilan Șor remains without parliamentary immunity], https://www.dw.com/ro/sistemul-electoral-mixt-a-fost-anulat-ilan-%C8%99…
- 14 State Register of legal acts of the Republic of Moldova, Legea Nr. 268 din 23-11-2018 pentru modificarea unor acte legislative [Law no. 268 of 23-11-2018 for the modification of some legislative acts], http://www.legis.md/cautare/rezultate/109815
- 15 ADEPT, Rezultatele alegerilor locale generale din 2019 [The results of the general local elections of 2019], October 2019, available in English at http://alegeri.md/w/Rezultatele_alegerilor_locale_generale_din_2019#Pre…
- 16 Interview with Dionis Cenusa, political analyst and researcher ay Institut für Politikwissenschaft, Justus-Liebig-Universität, 26 November 2019.
- 17 Info Prim Neo Press Agency, Ruslan Codreanu was excluded from mayoral race, October 2019, https://www.ipn.md/en/ruslan-codreanu-was-excluded-from-mayoral-race-80…
Assesses the organizational capacity and financial sustainability of the civic sector; the legal and political environment in which it operates; the functioning of trade unions; interest group participation in the policy process; and the threat posed by antidemocratic extremist groups. | 4.75 5 7.00 7 |
- Moldova’s civil sector was vibrant in 2019. Throughout the year, civil society organizations (CSOs) reacted to each government infringement upon democratic norms or controversial decisions that undermined democratic processes. Yet even though the sector proved quite dynamic, it still faced systemic problems, including, perhaps most importantly, persistent but usually non-physical attacks from political actors.
- According to a state registry, there were over 13,500 CSOs registered in Moldova as of November 2019, an increase of 1,000 from 2018. 1 However, this does not necessarily mean that the sector has developed or that it is being consulted more frequently by government. 2 According to some evaluations, almost half of all CSOs are inactive, and many lack funding or the capacity to access available funds. 3
- The 2016 “Law of 2 percent,” 4 which grants citizens the right to redirect 2 percent of their income tax to CSOs and religious organizations, remains an important instrument for the civil sector, but it did not solve the CSO funding challenges. Some shortcomings have also emerged in the tax redirection mechanism. For instance, inactive CSOs and little-known groups with no visible contribution to community development have benefitted the most. 5 The largest beneficiary of the “Law of 2 percent” in 2018, the Public Association of Veterans and Pensioners of the Ministry of Internal Affairs, does not have a website, and its primacy activity is the social protection of its members. 6
- The regulatory framework for CSOs has improved, albeit slowly and with delays in the implementation of some laws or strategies. For example, a draft law on nonprofit organizations, long advocated by civil society groups, was tabled in 2019 despite passing its first reading in Parliament in May 2018. 7 In addition, the government’s Strategy for Civil Society Development, adopted by Parliament in March 2018, 8 remained unimplemented during the year. 9
- In 2019, as in previous years, several cases of attacks and intimidation of CSOs were registered, especially in the first half of the year. 10 In April, pro-PDM media outlets spread false information about the Institute for Public Policy and the Soros Foundation Moldova in an attempt to smear PAS leader Sandu, 11 while in October, outlets with a similar profile attacked the Legal Resources Centre from Moldova when it weighed in on the judicial reform process (see “Judicial Framework and Independence”). 12
- The civil sector was outspoken during the parliamentary maneuverings and power shifts in June (see “National Democratic Governance”), pressuring the Constitutional Court and other actors to defuse the political crisis. 13 CSOs continued to play a watchdog role throughout the year, becoming vocal when controversial figures were appointed to key positions in state institutions like the CNA and SIS. 14
- 1 The Public Service Agency, State register of law units regarding non-commercial organizations, https://date.gov.md/ckan/ro/dataset/18516-date-din-registrul-de-stat-al…
- 2 Interview with Nicolai Loghin, executive director of Center for Organizational Consultancy and Training (CICO), former author of the national report on "Civil Society Organizations Sustainability Index" by USAID, 26 November 2019.
- 3 Ibid.
- 4 Legal Resources Centre from Moldova, Legea 2% pe înţelesul tuturor [2% Law for general understanding], https://crjm.org/legea-2-pe-intelesul-tuturor/
- 5 Interview with Sorina Macrinici, CSO sector expert and vice-director of Legal Resources Centre from Moldova, 24 November 2019.
- 6 Sorina Macrinici, Ilie Chirtoacă, Doi ani de implementare a mecanismului 2% în Republica Moldova [Two years of implementation of the 2% mechanism in the Republic of Moldova], http://crjm.org/wp-content/uploads/2019/09/Doi-ani-de-implementare-a-me…
- 7 https://crjm.org/en/apel-public-organizatiile-societatii-civile-solicit… ; Alexandru Tănase, Libertatea de acţiune a societăţii civile este unul din pilonii de bază ai democraţiei [The freedom of action of civil society is one of the basic pillars of democracy], http://ipre.md/2019/02/13/adoptarea-legii-cu-privire-la-organizatiile-n…
- 8 Lege privind aprobarea Strategiei de dezvoltare a societăţii civile pentru perioada 2018–2020 şi a Planului deacţiuni pentruimplementarea Strategiei de dezvoltarea societății civile pentru perioada 2018–2020 [Law on the approval of the Strategy for the development of civil society for the period 2018-2020 and of the Action Plan for the implementation of the Strategy for the development of the civil society for the period 2018-2020], March 2018, available in Romanian at http://www.parlament.md/LinkClick.aspx?fileticket=u6fS6pXJTfs%3D&tabid=… .
- 9 Interview with Sorina Macrinici, CSO sector expert and vice-director of Legal Resources Centre from Moldova, 24 November 2019
- 10 Legal Resources Centre from Moldova, Radiography of Attacks Against Non-Governmental Organizations from the Republic of Moldova, http://crjm.org/wp-content/uploads/2019/03/2019-03-20-timeline-atacks-O…
- 11 Legal Resources Centre from Moldova, Newsletter No. 22, April-June 2019, http://crjm.org/wp-content/uploads/2019/09/Newsletter-LRCM_April_June_2… ; https://stopfals.md/ro/article/acuzatiile-unui-blogger-ca-maia-sandu-si…
- 12 StopFals.md, Atac mediatic asupra unui ONG. Speculații fără dovezi, din surse obscure, fără replica celor vizați [Media attack on an NGO. Speculation without evidence, from obscure sources, without opinion of the targeted ones], https://stopfals.md/ro/article/atac-mediatic-asupra-unui-ong-speculatii… ; Legal Resources Centre from Moldova, The LRCM is being again the target of fake attacks and a smear campaign, 3 October 2019, https://crjm.org/en/the-lrcm-is-being-again-the-target-of-fake-attacks-…
- 13 Joint Declaration of NGOs, Societatea civilă solicită demisia neîntârziată a judecătorilor constituționali [The civil society demands the resignation of the Constitutional Court judges], http://www.transparency.md/2019/06/25/societatea-civila-solicita-demisi…
- 14 Joint Declaration of NGOs, Numirea netransparentă a doi judecători constituționali de către Parlament subminează în continuare încrederea publică în independența Curții Constituționale [The non-transparent appointment of two constitutional judges by the Parliament further undermines public confidence in the independence of the Constitutional Court], http://api.md/news/view/ro-numirea-netransparenta-a-doi-judecatori-cons…
Examines the current state of press freedom, including libel laws, harassment of journalists, and editorial independence; the operation of a financially viable and independent private press; and the functioning of the public media. | 3.00 3 7.00 7 |
- Conditions for independent media in Moldova did not improve in 2019, as problems from previous years persisted and, in some cases, became more acute. In fact, the media sector grew even more divided as a result of the year’s political upheavals. Oligarchic control over prominent news outlets and politicized regulation contributed to divisions within the sector. In addition, an ongoing lack of public access to information and quality media content drove declines in the country’s international rankings on press freedom and sustainability. 1 Domestic monitoring organizations echoed these findings, reporting occasional threats to the safety of journalists and a continued deterioration in the sector’s financial health. 2
- Changes within the Moldovan political scene also triggered a reconfiguration of the media sector. After June, the PSRM replaced the PDM as the dominant force on the Audiovisual Council (AC), the country’s broadcasting regulator. In September, the AC exempted PSRM-friendly NTV Moldova and Accent TV from a list of stations monitored for fair coverage of local elections; it also decided to grant one of the four national terrestrial broadcasting licenses—which became available when Channel 2 , a station controlled by Plahotniuc, gave it up—to Channel One in Moldova . 3
- On the heels of the new Code of Audiovisual Media Services, National Concept of Media Development, and Concept of Information Security, all adopted in 2018, 4 minor amendments to laws regulating the media sector were passed in 2019. 5 None of these changes were significant enough to stimulate growth in the sector. Several important legislative initiatives were delayed by the former PDM government. Those included amending the law on advertising and supporting periodicals of social significance. Also, amendments to arguably the most important statute, the Law on Access to Information, were not brought to a vote in final reading. The Sandu government did not prioritize these initiatives, and the new Chicu government has almost totally overlooked the media in its action plan for 2020–23, inserting only one objective and one action item related to this sector. 6
- The editorial independence of the public broadcaster TRM, guaranteed by its charter, remains flawed. According to the new Code of Audiovisual Media Services, the members of TRM’s Board of Supervisors are to be appointed by the AC, 7 which, as noted above, is highly politicized. Domestic monitoring organizations identified sporadic instances of biased coverage in TRM’s reporting. 8
- Moldova’s concentrated advertising market continues to threaten the survival of independent media. 9 The duopoly on top— Casa Media Plus , allegedly controlled by the PDM and Plahotniuc, and Exclusive Sales House , which has close links with the PSRM 10 —distorts the playing field, as most independent media have little access to advertising revenues and are thus not sustainable.
- Journalists continued to face adverse working conditions in 2019, fostered by the lack of transparency of public institutions and limited access to some categories of information. For example, throughout the year, journalists from certain independent media outlets (such as TV8 , Jurnal TV , and Ziarul de Gardă ) were denied access to several public events. 11 However, public trust in the media remains high, with 52 percent of respondents reporting a favorable opinion of the media in a May 2019 poll. 12
- 1 IREX, Media Sustainability Index 2019, p. 179, https://www.irex.org/sites/default/files/pdf/media-sustainability-index…
- 2 Independent Journalism Center (IJC), Memorandum on the Freedom of the Press in the Republic of Moldova (3 May 2018–3 May 2019), http://media-azi.md/en/memorandum-freedom-press-republic-moldova-3-may-…
- 3 Media-azi.md, CA trece dintr-o „mâna politică democrată” în „alta socialistă””? Cum este comentată decizia CA de a monitoriza doar anumite posturi tv în campania electorală [Does AC pass from a ‘democratic political hand’ to a ‘socialist one’? How the CA decision to monitor only certain TV stations in the electoral campaign is commented by experts], 1 October 2019, http://media-azi.md/ro/stiri/%E2%80%9Eca-trece-dintr-o-%E2%80%9Em%C3%A2… ; Audiovisual Council, Conferința de presă cu genericul „Consiliul Audiovizualului și provocările campaniei electorale” [Press conference: Audiovisual Council and the electoral campaign challenges], 26 September 2019, http://www.audiovizual.md/news/comunicat-de-pres-27
- 4 Council of Europe, New audiovisual legislation elaborated with support of the Council of Europe, adopted by Moldovan Parliament, 18 October 2018, available in English at https://www.coe.int/en/web/freedom-expression/-/new-audiovisual-legisla…
- 5 Realitatea.md, Tatiana Puiu: În domeniul legislației media, se pare că în Moldova „amânarea viitorului” este posibilă, 21 August 2019 [Tatiana Puiu: In the field of media law, it seems that in Moldova "delaying the future" is possible], available in Romanian at https://www.realitatea.md/tatiana-puiu--in-domeniul-legislatiei-media--…
- 6 Government of the Republic of Moldova, Planul de acțiuni al Guvernului pentru anii 2020-2023 [Government Action Plan for the years 2020-2023], available in Romanian at https://gov.md/ro/content/fost-aprobat-planul-de-actiuni-al-guvernului-…
- 7 Code of Audiovisual Services of the Republic of Moldova, http://www.audiovizual.md/files/Codul%20serviciilor%20media%20audiovizu…
- 8 IJC, Monitoring Reports about Elements of Propaganda, Information Manipulation and Violation of Journalism Ethics in the Local Media Space, http://media-azi.md/ro/publica%C8%9Bii ; Media Monitoring in the Campaign for 2019 Parliamentary Elections (Final report, 9 January - 24 February 2019), http://media-azi.md/en/media-monitoring-campaign-2019-parliamentary-ele…
- 9 IJC, Moldovan Press Status Index 2018 Report, http://media-azi.md/en/moldovan-press-status-index-2018-report
- 10 Newsmaker.md, Депутат-социалист занялся рекламой. Корнелиу Фуркулицэ создал свой сейлз-хаус [The Socialist Party MP is dealing with advertising. Corneliu Furculita launched his own sale house], http://newsmaker.md/rus/novosti/deputat-sotsialist-zanyalsya-reklamoy-k… .
- 11 IJC, Statement: We condemn the practices of restricting the access of TV8 to the PDM briefing and attempts to disunite the journalists, 14 March 2019, http://media-azi.md/en/stiri/we-condemn-practices-restricting-access-tv…
- 12 The International Republican Institute (IRI), Public Opinion Survey: Residents of Moldova May 8, 2019 – June 10, 2019, https://www.iri.org/sites/default/files/iri_moldova_may-june_2019_poll_… .
Considers the decentralization of power; the responsibilities, election, and capacity of local governmental bodies; and the transparency and accountability of local authorities. | 2.50 3 7.00 7 |
- Moldovans’ trust in local government fell in 2019, although local public authorities (LPAs) are the fourth most trusted institution in society, after the church, the armed forces, and the media. 1 This drop can be explained by the overt politicization of LPAs, writ large in the migration of mayors toward political parties in power. Politicization, together with a high degree of centralization, are the most formidable challenges faced by LPAs.
- After the PDM went into opposition in June, 134 mayors left the party. This exodus reversed the trend of mayors defecting to the PDM while it was in power from 2015 to 2019. Out of 898 mayors elected in 2015, more than half were pressured to change their political affiliation, migrating to the PDM. 2
- The mandates of incumbent LPAs expired in June. 3 At that time, Parliament decreed that local elections would take place in October and November. This marked the first time in the history of the country that local elections were held more than four months after the expiration of the incumbent LPA mandates. 4
- In 898 localities, citizens elected new mayors on October 20, with runoff elections held two weeks later. Candidates from the PDM won 260 mayoralties, while the PSRM won 206, the ACUM 170, the Liberal Democratic Party of Moldova 48, and the Shor Party 43, while the remainder of mayoralties went to smaller political parties and independent candidates. 5 Voters also chose the leadership of Moldova’s 32 rayons . The PSRM won an absolute majority of seats on four rayon councils; the PDM and the Shor Party each won one council outright, while no party secured outright control over the remaining councils. The councils then elected rayon presidents. The PSRM won the presidency of 18 rayons, the PDM 10, the ACUM 3, and one for the Shor Party. 6
- In Chișinău, which has an administrative status equal to that of rayons, 19 candidates ran for mayor. In the runoff vote, PSRM candidate Ion Ceban edged out ACUM candidate Andrei Năstase. 7 Ceban’s election marked the first time since 1991 that a left-wing candidate and a member of a pro-Russian party won the mayoralty of Chișinău, which has long been considered a stronghold of pro-European forces in Moldova. 8 Năstase had bested Ceban in the 2018 special election for the capital city’s mayoralty, but a court annulled his victory on a technicality in a politically contentious ruling. 9
- Reform of Moldova’s administrative-territorial system, a priority of the former government’s Strategy on Public Administration Reform for 2016–20, did not advance at all in 2019 due to the country’s complicated and highly dynamic political situation during the year. The last development in this respect took place in November 2018, when a group of domestic and international experts presented an analysis of the shortcomings of the current administrative-territorial system (chiefly, the dependence of municipalities on central government transfers) to the Filip government along with a vision for reform. 10
- In June, the Sandu government identified the acceleration of administrative and fiscal decentralization as one of its priorities. 11 However, experts noted that this initiative was still insufficient to strengthen the financial independence of LPAs. 12 The new Chicu government will have its own priorities.
- 1 Ibid.
- 2 ADEPT, Local elections 2019, http://alegeri.md/w/Pagina_principal%C4%83
-
3
Moldova.org, Alegerile locale generale vor avea loc la 20 octombrie 2019 [General local elections will be held on October 20, 2019],
https://www.moldova.org/alegerile-locale-generale-vor-avea-loc-la-20-oc…
- 4 Radio Free Europe / Radio Liberty, În așteptarea alegerilor locale, organizate cu mare întârziere [Waiting for local elections, organized with great delay], https://moldova.europalibera.org/a/%C3%AEn-a%C8%99teptarea-alegerilor-l…
- 5 Ziarul National, Afilierea politică a primarilor aleși în 2019: Democrații, pe primul loc, urmați de socialiști, „ACUM”, candidații independenți și PLDM [Political affiliation of the mayors elected in 2019: Democrats are first, followed by socialists, "ACUM", independent candidates and PLDM], 4 November 2019, https://www.ziarulnational.md/infografic-afilierea-politica-a-primarilo…
- 6 Association for Participatory Democracy (ADEPT), Votul politic pentru consiliile raionale [Political vote for Rayon Councils], http://alegeri.md/w/Pagina_principal%C4%83#Votul_politic_pentru_consili…
- 7 Madalin Necsutu, Moldovan Socialists Win Chisinau City Hall, 4 November 2019, https://balkaninsight.com/2019/11/04/moldovan-socialists-win-chisinau-c…
- 8 Madalin Necsutu, Ion Ceban: Moscow’s Rising Star in Moldova, 11 November 2019, https://balkaninsight.com/2019/11/11/ion-ceban-moscows-rising-star-in-m…
- 9 https://www.rferl.org/a/moldovan-court-annuls-chisinau-mayoral-election…
- 10 The Government of Republic of Moldova, Experts' group unveil new concept of administrative, territorial reform at Moldovan government, https://gov.md/ro/content/conceptul-reformei-administrativ-teritoriale-…
- 11 The Government of Republic of Moldova, Discursul Prim-ministrului Maia Sandu, adresat Administrației Publice Locale [Prime Minister’s Maia Sandu speech, addressed to the Local Public Administration representatives], https://gov.md/ro/content/discursul-prim-ministrului-maia-sandu-adresat…
- 12 Congress of Local Authorities from Moldova, Ce-i așteaptă pe aleșii locali după alegeri: Le va da Guvernul autonomie fiscală sau nu [What awaits local elected officials after elections: Will the Government give them fiscal autonomy or not?], November 2019, available in Romanian at http://calm.md/libview.php?l=ro&idc=34&id=5647&t=/SERVICIUL-PRESA/Nouta…
Assesses constitutional and human rights protections, judicial independence, the status of ethnic minority rights, guarantees of equality before the law, treatment of suspects and prisoners, and compliance with judicial decisions. | 2.75 3 7.00 7 |
- In 2019, Moldova’s justice system remained flawed by a subservient judiciary. However, some steps toward change were taken in the second half of the year when the Sandu government declared justice system reform as its first priority. Unfortunately, appointments made to the Constitutional Court and General Prosecutor’s Office showed that the system continued to be influenced by political interests. Furthermore, the dismissal of the Sandu government demonstrated a high degree of resistance to change inside the system, and a much greater degree of political will is needed to complete the reform process. 1
- In March, the International Commission of Jurists (ICJ) presented a report evaluating the independence of the judiciary in Moldova. 2 The report concluded that past efforts at reforming the justice system “left Moldova with, broadly, good legislation but with a poor, insincere and ineffective implementation.” 3 It recommended changes to the working culture of judges, who should be expected to protect and promote their independence and condemn political meddling. 4
- In June, the entire six-member composition of the Constitutional Court resigned after annulling its decisions against the Sandu government (see “National Democratic Governance”), 5 which were criticized by the Venice Commission and other expert bodies. 6 In August, new members were elected to the Constitutional Court. 7 In line with the law, two members were appointed by the government, two by Parliament, and two by the Superior Council of Magistrates (CSM), the administrative organ of the judiciary. A majority of the new members then elected Vladimir Turcan, a PSRM lawmaker and close ally of President Dodon, as chair of the court. 8 His election was fiercely criticized by the ACUM, which alleged that the PSRM had effectively taken over the court. 9
- In July, the general prosecutor, Eduard Harunjen, resigned. 10 Since his appointment in 2016, Harunjen had faced accusations of politicizing his office, 11 misconduct including ordering illegal interceptions, 12 and accumulating illicit wealth. 13 At the end of the month, Dumitru Robu was appointed interim general prosecutor by Parliament. 14 In September, the Sandu government modified the way the general prosecutor is appointed by empowering the Ministry of Justice to create a preselection commission, 15 thus weakening the nominating role of the Superior Council of Prosecutors (CSP), which the Sandu government considered politically motivated. 16
- The appointment of a new general prosecutor was, as it turned out, a major stumbling block for the PSRM-ACUM coalition. According to some observers, 17 the potential election of a noncorrupt, independent, and therefore uncontrollable person to this position threatened President Dodon and the PSRM, which has been accused of illegal self-financing. 18 The Sandu government accused the PSRM of trying to tamper with the candidate selection process after Petru Bobu, a member of the preselection commission designated by the speaker of Parliament (who is a member of the PSRM), distorted the commission’s assessments of various candidates. 19
- Consequently, on November 6, Minister of Justice Olesea Stamate scrapped the preselection commission. Prime Minister Sandu’s cabinet then attempted to bypass Parliament in order to amend the Law on Prosecution Services to empower the prime minister to submit a shortlist of candidates to the CSP. Together with the PDM, the PSRM then initiated a no-confidence motion against the Sandu government, which Parliament passed on November 12.
- On November 28, the CSP nominated Alexandru Stoianoglo to the position of general prosecutor. The next day, President Dodon appointed Stoianoglo to the position. Analysts called this appointment a compromise between the PDM and the PSRM, as Stoianoglo has been a member of PDM since 2014 and was deputy general prosecutor from 2001 to 2007. 20
- Sandu’s minister of justice, Olesea Stamate, had presented a new concept of radical reform in the justice sector in August, well before the Sandu government fell. 21 The concept called for narrowing the competences of the Supreme Court of Justice (CSJ) to focus more on the unification of jurisprudence and less on the examination of individual cases, including by decreasing the court’s size from 33 to 17 members and providing external evaluations of SCJ judges. It also called for increasing the size of the CSM from 12 to 14 members; reducing the role of the CSP in appointing the general prosecutor; and making grand corruption cases the focus of the Anticorruption Prosecutor’s Office, while transferring cases related to systemic corruption to the National Anticorruption Centre (CNA). 22
- At the beginning of October, this new concept was sent to the Venice Commission for consultation, which advised that radical changes could be justified in critical situations where the judiciary was corrupt. 23 However, once the Sandu government was dismissed, the new minister of justice in the Chicu government, Fadei Nagacevschi (a former lawyer for the PSRM), advanced a very different concept, one of “small” reform to the justice sector. 24 This concept was negatively received by experts and civil society representatives, who argued that its goal was to knowingly hamper real reform. 25
- In 2019, prosecutors and judges started to speak out about abuse, intimidation, and political interference in the justice system. 26 In June, judge Mihai Murguleț from the Chișinău District Court made known that he had been asked to “settle a civil case in favor of a person.” 27 He refused to comply with the request and, as a result, was threatened with a demotion at his next evaluation. Based on his accusation, the CSM suspended CSJ chairman Ion Druță, Chișinău District Court president Radu Turcanu, and several other officials. 28
- At the end of September, the Anticorruption Prosecutor’s Office accused CSJ chairman Druță of illicit enrichment, arresting him in October. 29 In December, Druță, together with Oleg Sternioală (another CSJ judge accused of money laundering), were stripped of their judgeships. 30
- On December 3, a court ordered the early release of former prime minister Vladimir Filat, after he had spent more than four years behind bars for bribery. 31 His sentence was reduced after he was found to have suffered “inhuman and degrading conditions” in prison. 32 Filat’s release caused a row between the opposing political parties. The PSRM blamed the ousted Sandu government for Filat’s early release, while the ACUM held President Dodon responsible. 33
- 1 Interview with Nadejda Hriptievschi, Legal expert and vice-director of Legal Resources Centre from Moldova, 5 December 2019.
- 2 Info-Prim Neo Agency, Moldova rămâne cu mult în urmă la capitolul sistem judecătoresc independent funcțional, ICJ [ICJ: Moldova stays far behind on the chapter regarding the functionality of the independent judicial system], https://www.ipn.md/ro/principalul-scurt-pe-doi-sinteza-ipn-din-13-marti…
- 3 International Commission of Jurists (ICJ), ‘Only an empty shell’ – The undelivered promise of an independent judiciary in Moldova, A mission report, http://crjm.org/wp-content/uploads/2019/03/2019-ICJ-Raport-Independenta…
- 4 Radio Free Europe/Radio Liberty, Nadejda Hriptievschi: „Nu putem vorbi de un sistem judiciar independent când judecătorii se simt subordonați și se comportă astfel” [Nadejda Hriptievschi: `We cannot speak of an independent judicial system when judges feel subordinate and behave in this way`], https://moldova.europalibera.org/a/nadejda-hriptievschi-nu-putem-vorbi-…
- 5 The Constitutional Court of the Republic of Moldova, Demisia judecătorilor Curții Constituționale [Resignation of the judges of the Constitutional Court], http://www.constcourt.md/libview.php?l=ro&idc=7&id=1513&t=/Media/Noutat…
- 6 Deutsche Welle Moldova, Verdict al Comisiei de la Veneția, vizând Moldova, cât o sentință de uzurpare a puterii în stat [Verdict of the Venice Commission, regarding Moldova, as a sentence of usurpation of power in the state], https://www.dw.com/ro/verdict-al-comisiei-de-la-vene%C8%9Bia-viz%C3%A2n…
- 7 The Constitutional Court, Curtea Constituţională are o nouă componenţă [The Constitutional Court has a new composition], http://www.constcourt.md/libview.php?l=ro&idc=7&id=1567&t=/Media/Noutat…
- 8 Agora.md, Vladimir Țurcan, până mai ieri socialist, ales președinte al Curții Constituționale [Socialist MP Vladimir Turcan was elected president of the Constitutional Court], https://agora.md/stiri/60664/vladimir-turcan--pana-mai-ieri-socialist--…
- 9 Agora.md, Sandu, despre numirea lui Țurcan în fruntea CC: „Este un lucru grav. Solicit fiecărui judecător să spună pentru cine a votat” [Sandu, about the appointment of Turcan at the head of CC: “It is a serious thing. I ask each judge to say for whom he or she voted"], https://agora.md/stiri/60672/sandu--despre-numirea-lui-turcan-in-frunte… ; Pro TV Chisinau, Nastase on naming Vladimir Turcan the president of the CC, https://protv.md/politic/ce-spune-andrei-nastase-despre-alegerea-social…
- 10 Agora.md, Eduard Harunjen și-a dat demisia [Eduard Harunjen resigned], https://agora.md/stiri/59291/eduard-harunjen-si-a-dat-demisia
- 11 Jurnal de Chisinau, Maia Sandu: Chiar dacă și-a depus demisia, Harunjen va trebui să răspundă pentru tot ce a făcut sau nu a făcut la cârma PG [Maia Sandu: Even if he resigned, Harunjen will have to answer for everything he did or didn't do], http://www.jurnal.md/ro/news/8a214a7bab265a38/maia-sandu-chiar-daca-si-…
- 12 Ziarul de Garda, Un procuror anticorupție pleacă din sistem cu acuzații la adresa lui Eduard Harunjen [An anti-corruption prosecutor leaves the system with accusations against Eduard Harunjen], https://www.zdg.md/stiri/stiri-justitie/un-procuror-anticoruptie-pleaca…
- 13 Ziarul de Garda, Candidații la funcția de procuror general: Locuințe de lux, mașini scumpe, afaceri de familie și „păcate” iertate [Candidates for the General Prosecutor office: Luxury homes, expensive cars, family businesses and forgiven "sins"], https://www.zdg.md/editia-print/investigatii/candidatii-la-functia-de-p…
- 14 Cotidianul.md, Dumitru Robu, votat procuror general interimar inclusiv de PD și Șor; Cine s-a abținut [Dumitru Robu, voted interim general prosecutor], https://cotidianul.md/2019/07/30/dumitru-robu-votat-procuror-general-in…
- 15 Radio Free Europe/Radio Liberty, Guvernul modifică modul de desemnare a procurorului general. Ce se va întâmpla cu concursul în derulare? [The Government changes the way of appointing the General Prosecutor. What will happen to the ongoing competition?], https://moldova.europalibera.org/a/guvern%C4%83-modific%C4%83-modul-de-…
- 16 Ziarul National, „RĂZBOI” între CSP și guvernare: CONCURS pentru funcția de procuror general, contestat de Guvern ["WAR" between CSP and government: COMPETITION for the position of General Prosecutor, challenged by the Government], https://www.ziarulnational.md/razboi-intre-csp-si-guvernare-concurs-pen…
- 17 Alexandru Cozer, Ziua pe care Igor Dodon nu o va uita niciodată [The day that Igor Dodon will never forget], November 2019, available in Romanian at https://cotidianul.md/2019/11/13/ziua-pe-care-igor-dodon-nu-o-va-uita-n…
- 18 Newsmaker.md, Dosarul privind finantarea ilegala a partidului socialistilor va fi reluat. Procuratura Anticorupție a admis solicitarea lui Năstase [The case regarding the illegal financing of the Socialists party will be resumed. The Anticorruption Prosecutor's Office admitted Nastase's request], December 2019, available in Romanian at https://newsmaker.md/ro/dosarul-privind-finantarea-ilegala-a-partidului…
- 19 Ziarul de Garda, Reacția membrului comisiei acuzat că a apreciat disproporționat candidații la fotoliul de procuror general [Reaction of commission member accused of disproportionately appreciating candidates for the General's Prosecutor chair], October 2019, available in Romanian at https://www.zdg.md/stiri/stiri-justitie/reactia-membrului-comisiei-acuz…
- 20 Madălin Necșuțu, Stakes High for Moldova as Top Prosecutor Picked, December 2019, available in English at https://balkaninsight.com/2019/12/09/stakes-high-for-moldova-as-top-pro…
- 21 Ministry of Justice, Conceptul reformei în sectorul justiției a fost prezentat astăzi la Ministerul Justiției [The concept of reform in the justice sector was presented today at the Ministry of Justice], http://www.justice.gov.md/libview.php?l=ro&idc=4&id=4486
- 22 Bizlaw.md, Noua reformă a justiției: Mai mulți membri în CSM și CSP și reducerea competențelor pentru CSJ și Procuratura Anticorupție [The new justice reform: More members in the SCM and the CSP and the reduction of competences for the SCJ and the Anti-corruption Prosecutor's Office], https://www.bizlaw.md/noua-reforma-a-justitiei-mai-multi-membri-in-csm-…
- 23 Council of Europe / Venice Commission, CDL-AD(2019)020-e, Moldova, Republic of - Joint Interim Opinion of the Venice Commission and the Directorate of Human Rights (DHR) and Rule of Law (DGI) of the Council of Europe on the draft law on the reform of the Supreme Court of Justice and the Prosecutor's Office, adopted by the Venice Commission at its 120th Plenary Session (Venice, 11-12 October 2019), available at https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2019)020-e&fb…
- 24 Andrei Lutenco, Justiția 2.0: speranțe mari, reformă mica [Justice 2.0: high hopes, small reform], 20 December 2019, available in Romanian at https://watch.cpr.md/justitia-2-0-sperante-mari-reforma-mica/
- 25 Interview with Nadejda Hriptievschi, law expert and vice-director of Legal Resources Centre from Moldova, 5 December 2019.
- 26 Agora.md, Domnica Manole, despre cum erau presați judecătorii să pronunțe anumite decizii: Mecanism aplicat prin intermediul președinților de instanță [Ms Manole, about how judges were pressured to make certain decisions: Mechanism applied through the court presidents], https://agora.md/stiri/59150/domnica-manole--despre-cum-erau-presati-ju…
- 27 Ziarul de Garda, Acuzații fără precedent: Un judecător oferă detalii despre cum se fac presiuni în interiorul sistemului [Unprecedented charges: A judge gives details on how the pressures inside the system are made], https://www.zdg.md/stiri/stiri-justitie/doc-acuzatii-fara-precedent-un-…
- 28 https://moldova.europalibera.org/a/csm-transmite-procuraturii-dosarul-%…
- 29 TV8, Un nou dosar penal pe numele lui Ion Druță. De ce este bănuit magistratul [A new criminal case on Ion Druta. For what he is suspected], 22 October 2019, http://tv8.md/2019/10/22/doc-exclusiv-un-nou-dosar-penal-pe-numele-lui-…
- 30 https://cotidianul.md/2019/12/19/parlamentul-a-aprobat-demisiile-judeca…
- 31 Radio Free Europe/Radio Liberty, Former Moldovan PM Convicted Of Bribery Released From Prison, December 2019, available in English at https://www.rferl.org/a/former-moldovan-pm-convicted-of-bribery-release…
- 32 Idem, Moldovan Ex-PM Vladimir Filat Released from Jail, December 2019, available in English at https://balkaninsight.com/2019/12/03/moldovan-ex-pm-vladimir-filat-rele… .
- 33 Ziarul de Garda, A Chronology of Facts and the People Involved in the Former Prime Minister’s Release, December 2019, available in English at https://zdg.md/eng/investigative/a-chronology-of-facts-and-the-people-i…
Looks at public perceptions of corruption, the business interests of top policymakers, laws on financial disclosure and conflict of interest, and the efficacy of anticorruption initiatives. | 2.25 2 7.00 7 |
- In June–July 2019, the Sandu government jumpstarted the fight against corruption in Moldova. 1 Thus, at the beginning of August, a number of corruption-related cases among high-ranking officials were uncovered by the competent bodies. 2 Several corrupt schemes coordinated by PDM cadres began to be dismantled, and investigations were initiated into these matters. 3 In doing so, the Sandu government showed that the country was capable of holding high-ranking officials criminally accountable.
- The de-politicization of public anticorruption institutions, however, remains a major challenge in Moldova’s fight against corruption. On June 8, the PSRM-ACUM coalition ousted the incumbent leadership of the National Anticorruption Centre (CNA). In July, after a bitter nomination fight, 4 Ruslan Flocea, a close ally of President Dodon, was appointed the new head of the CNA. 5 Prime Minister Sandu remarked that “the [nomination] contest was not honest.” 6
- On the other hand, the National Integrity Authority (ANI)—responsible for checking officials’ income declarations to identify illicit assets, conflicts of interest, and the like—started to fulfill its obligations after years of dysfunction. 7 While the efficiency and effectiveness of this institution remains low, 8 anticorruption experts say the ANI has made small steps in the right direction. 9
- In June, a parliamentary commission launched an investigation into what has been dubbed the “billion-dollar theft”—a scandal in which a criminal group tied to oligarch and Shor Party leader Ilan Shor borrowed and then neglected to repay almost $1 billion in loans from three Moldovan banks. 10 In the same month, Shor fled the country and began to sell off his ill-gotten assets. 11 In July, Shor’s possessions were confiscated, his parliamentary immunity was waived, and a warrant was issued for his arrest. 12
- Also in July, the parliamentary commission chairman Alexandr Slusari published a report from the private investigation company Kroll that detailed the bank theft scheme but did not name its beneficiaries. 13 This report had been kept secret by the former PDM government. In a September press conference, Slusari announced that Plahotniuc was the primary beneficiary of the “billion-dollar theft,” while former prime minister Filat and the so-called Shor group were secondary beneficiaries. 14 That same month, the General Prosecutor’s Office opened several criminal cases in connection with the scheme, which saw two lawmakers from the Shor Party stripped of their parliamentary immunity, detained, and arrested. 15
- In September, the PSRM-ACUM coalition waived the parliamentary immunity of two more lawmakers—Vladimir Cebotari of the PDM 16 and Petru Jardan of the Shor Party—after the General Prosecutor’s Office initiated criminal proceedings against them for fraud related to a 2013 contract for operating Chișinău International Airport. 17
- Former Minister of Transport Iurie Chirinciuc was sentenced in May to three and a half years in prison in a corruption-related case, but he did not attend his sentencing and was presumed to be at large. 18 The Sandu government announced an international search for Chirinciuc in October. 19
Author: Victor Gotisan is a media and politics researcher focusing on such issues as public media, media ownership, digitalization, media funding, and media law.
Note
The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 7 representing the highest level of democratic progress and 1 the lowest. The Democracy Score is an average of ratings for the categories tracked in a given year. The Democracy Percentage, introduced in 2020, is a translation of the Democracy Score to the 0–100 scale, where 0 equals least democratic and 100 equals most democratic.
- 1 Government of the Republic of Moldova, Programul de Guvernare pentru 2019 [The Governance Program for 2019], p. 4, https://gov.md/sites/default/files/document/attachments/program_de_guve…
- 2 Radio Free Europe/Radio Liberty, Vadim Brînzan: „Sectorul privat știe mai bine decât statul cum să gestioneze activele din sectorul real al economiei” [Vadim Branzan: The private sector knows better than the state how to manage the assets of the real sector of the economy], https://moldova.europalibera.org/a/vadim-br%C3%AEnzan-sectorul-privat-%… ; Jurnal de Chisinau, Ministrul Brânzan, dezvăluiri șocante: O mână de oameni au readus scheme din anii 90; Baronii PD adunau bir ca în evul mediu [Minister Branzan: A handful of people have restored schemes from the 1990s; PD barons gathered beer as in the Middle Ages] http://www.jurnal.md/ro/news/9d7712c7ff0ab934/ministrul-branzan-dezvalu… .
- 3 Newsmaker.md, IT-гигант получил контроль над Bass Systems. При Демпартии эта компания выигрывала гостендеры на миллионы леев [The IT giant has gained control of Bass Systems. Under the Democratic Party, this company won a lot of public procurement tenders worth millions of lei], https://newsmaker.md/rus/novosti/it-gigant-poluchil-kontrol-nad-bass-sy…
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4
Deutsche Welle Moldova, Cristina Țărnă despre concursurile mimate la Chișinău: Acum, în pușcărie, se lamentează oameni care, la vremea lor, au tranzacționat funcții [Cristina Țarna about the mimicked contests: Now, in prison, people complain that, at the time, they traded functions],
https://www.dw.com/ro/cristina-%C8%9B%C4%83rn%C4%83-despre-concursurile… .
- 5 Bizlaw.md, Centrul Național Anticorupție are un nou director. Ruslan Flocea a fost numit pe un termen de cinci ani [The National Anticorruption Center has a new director. Ruslan Flocea was appointed for a term of five years], https://www.bizlaw.md/decis-in-parlament-ruslan-flocea-va-conduce-centr…
- 6 Jurnal de Chisinau, Maia Sandu, despre concursul CNA: „Nu a fost un concurs onest și toată lumea a putut să vadă asta” [Maia Sandu, about the CNA contest: ‘It was not an honest contest and everybody could see it’], http://www.jurnal.md/ro/news/759eb9194c658b03/maia-sandu-despre-concurs…
- 7 Elena Prohnitchi, A fight against corruption in Moldova: what’s wrong and what can be done?, April 2018, https://www.soros.md/files/publications/documents/Anti-Corruption%20Pro… ; https://watch.cpr.md/reforma-mimata-a-autoritatii-nationale-de-integrit…
- 8 Raport de monitorizare a eficienței sistemului național de control al averilor și intereselor persoanelor cu funcții publice și a activității Autorității Naționale de Integritate (ANI) [Report on monitoring the efficiency of the national system of control of assets and interests of persons with public functions and of the activity of the National Integrity Authority], October 2019, http://api.md/upload/files/Raport_nr_1_Monitorizare_ANI.pdf
- 9 Interview with Elena Prohnitchi, Anti-corruption expert, ADEPT, 16 January 2020.
- 10 Agora.md, A fost formată comisia parlamentară care va investiga frauda bancară [A parliamentary commision for investigating bank fraud was creared], https://agora.md/stiri/58050/a-fost-formata-comisia-parlamentara-care-v…
- 11 Ziarul de Garda, Justice in the Post-Kroll Era. Case Study: Vlad Plahotniuc and Ilan Shor, 28 July 2019, https://zdg.md/eng/uncategorized/justice-in-the-post-kroll-era-case-stu…
- 12 Cotidianul, Parlamentul a decis: Ilan Șor a rămas fără imunitate parlamentară [Parliament decided: Ilan Șor remained without parliamentary immunity], https://cotidianul.md/2019/08/15/ultima-ora-parlamentul-a-decis-ilan-so…
- 13 Unimedia.info, Ultima ora! Raportul Kroll 2 a fost publicat: Documentul oficial [The Kroll 2 report was published], https://unimedia.info/ro/news/a4a2e16963b8e97b/doc-ultima-ora-raportul-…
- 14 Radio Free Europe/Radio Liberty, Președintele comisiei parlamentare care anchetează „furtul miliardului” spune că raportul final ar urma să fie publicat până pe 15 octombrie [The president of the parliamentary commision for investigating the "theft of the billion" says that the final report would be published by October 15], https://moldova.europalibera.org/a/30176390.html
- 15 Anticoruptie.md, Procurorii și ofițerii CNA au efectuat 21 de percheziții în dosarul fraudei bancare [NAC prosecutors conducted 21 searches in bank fraud case], https://anticoruptie.md/ro/dosare-de-coruptie/procurorii-si-ofiterii-cn…
- 16 Moldova.org, Deputatul democrat Vladimir Cebotari a rămas fără imunitate parlamentară [MP Vladimir Cebotari remained without parliamentary immunity], https://www.moldova.org/scurtdeputatul-democrat-vladimir-cebotari-arama…
- 17 Pro TV Chisinau, Cu 53 de voturi pentru, Vladimir Cebotari a fost lipsit de imunitate parlamentara. El este acuzat ca ar fi participat la concesionarea frauduloasa a Aeroportului Chisinau [With 53 votes in favor, Vladimir Cebotari was deprived of parliamentary immunity. He is accused of participating in the fraudulent concession of Chisinau Airport], https://protv.md/politic/cu-53-de-voturi-pentru-vladimir-cebotari-a-fos…
- 18 “SOURCES: Iurie Chirinciuc left the country after being sentenced,” Publika, 16 May 2019, https://en.publika.md/sources-iurie-chirinciuc-left-the-country-after-b…
- 19 Ziarul de Garda, Fostul ministru al Transporturilor, Iurie Chirinciuc, anunțat în căutare de către autorități [On former Minister of Transport, Iurie Chirinciuc was set a national and international issue for search warrant] https://www.zdg.md/stiri/stiri-justitie/fostul-ministru-al-transporturi…
Country Facts
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Global Freedom Score
62 100 partly free