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15 June 1995
Doc. 7325
OPINION
on the application by Moldova
for membership of the Council of Europe
(Rapporteurs: Mr COLUMBERG, Switzerland,
Group of the European People's Party,
and Mr JESZENSZKY, Hungary, European Democratic Group)
I. Introduction
1. It is a little over two years ago since Moldova made its application for membership to the Council of Europe. During this period there have been numerous contacts between the Council of Europe and the Moldovan authorities at different levels. Most notable, for the Committee on Legal Affairs and Human Rights, was the traditional visit of the Sub-Committee on Human Rights to Moldova from 13 to 15 October 1994 and the joint visit of the Rapporteurs from 10 to 14 January 1995. In the following evaluation of Moldova's readiness to join our organisation from a legal point of view, we will base ourselves mainly on the findings of these visits, as well as on the report of the eminent lawyers (AS/Bur/Moldova (1994) 2) and our own subsequent studies of legal texts.
2. We would like to point out that the Republic of Moldova has made considerable progress, also in the legislative field, since it applied for membership in the Council of Europe. However, some minor problems remain to be solved. Our subsequent evaluation should be taken as constructive criticism of the existing situation, and as an encouragement for the future. We are convinced that the Moldovan authorities have every willingness to comply with Council of Europe standards, and will work towards them on the basis of our evaluation. The amendments which we propose (and which the Moldovan parliamentary special guest delegation agreed to on 27 April 1995 and the Speaker of the Moldovan Parliament confirmed in writing on 10 May 19951) serve only to underline the willingness of the Moldovan authorities to go on moving in the right direction, and to make the Moldova's commitments binding.
II. The rule of law and the legal order
A. The Constitution
3. The eminent lawyers in their report pointed out some problematic points in the Moldovan Constitution adopted on 29 July 1994. However, they concluded that "irrespective of several deficiencies, the Constitution in the adopted form, provides solid legal foundation for the creation in the Republic of Moldova of a democratic state based on the rule of law, safeguarding respect for human rights and fundamental freedoms".
4. As Lord Finsberg, the Rapporteur of the Political Affairs Committee, explained in his report, the speaker of the Moldovan Parliament provided explanations in writing in response to the criticisms of the eminent lawyers. We are satisfied with the commitments entered into by the speaker as far as Articles 54 and 55 of the Constitution are concerned (on the restriction of human rights), as Lord Finsberg is as well, but would prefer this commitment to be expressly referred to in the text of the opinion. For this reason we propose an amendment.
5. However, in one respect we cannot be satisfied with the Constitution. Article 116, paragraph 2, second and third sentence of the constitution read that "Those judges who have passed the judicature entry test are appointed in their positions at first for a 5-year term, and subsequently for a 10-year term. After 15 years judges will be appointed for a term of office which expires with their reaching the age limit". This provision, unfortunately, does seem to constitute an unacceptable infringement on the independence of the Moldovan judiciary, which cannot be counteracted, as proposed by the Rapporteur of the Political Affairs Committee, by any "sufficient guarantees for independence" in other legal texts.
6. We are aware of the problematic situation Moldova finds itself in regarding the shortage of lawyers in general, and especially of judges. We have heard arguments that the 5-year and 10-year terms are necessary to root out judges who prove to be incompetent in office, and who could be replaced by newly trained lawyers fresh from university in a few years time. However, limiting judges' terms in such a way puts them at the mercy of not only professionally, but also politically motivated dismissals; especially since the decision-making body, the Higher Magistrates Council, is composed not only of judges, but also of the Prosecutor General, the Minister of Justice, and three university professors elected by parliament (an arrangement which can be criticised in itself).
7. The independence of the judiciary thus cannot be guaranteed without a change in the relevant article of the constitution. According to the amendment we propose, Moldova should be committed to modify its constitution accordingly within one year, since the independence of the judiciary is a cornerstone of the rule of law and a democratic society.
8. The Law on the Constitutional Court adopted on 13 December 1994 did not include the right to individual petition to the Court. It would be desirable if this right could eventually be included in the Law, should it be revised.
B. The separation of powers and the principle of local self-government
9. The separation of powers is foreseen in the Constitution. Apart from some problems concerning the separation of the judiciary and the executive (already mentioned above, for example, the composition of the Higher Magistrates Council), as well as the role of the prosecutor's office (which will be treated hereafter), the main problem in this context seems to concern the principle of local self-government.
10. There seem to be four legal texts in Moldova regulating the matter of local self-government. These are the Constitution (of 29 July 1994), the Law on the organisation of territorial administration (No. 306-XIII, of 7 December 1994), the Law on local public administration (No. 310-XIII, of 7 December 1994), and the Law on local elections (No. 308-XIII, also of 7 December 1994). On the basis of the latter text, local elections were held in Moldova on 16 April 1995. They were observed by a delegation of the Council of Europe Congress of Local and Regional Authorities in Europe.
11. The Congress of Local and Regional Authorities in Europe is currently preparing a detailed evaluation of both the elections as held and of the current situation of local democracy in Moldova. On the basis of the Congress' conclusions, our own studies of the texts themselves, and meetings with members of Moldova's special guest delegation during the April 1995 part-session, we have been able to form our own opinion.
12. We are concerned that some aspects of the above-mentioned laws are not in accordance with the European Charter on Local Self-Government. For example, the Law on local public administration foresees that the mayors of municipalities and the presidents of districts are elected from among the members of the municipal/district council, but on the proposal of the (central) government. In case of disaccord between the council and the government, it is the President of the Republic who appoints the mayor and the district president, again on the proposal of the government.
13. Another questionable proposition is that the said Law makes the heads of the local authorities at the same time the representatives of the (central) state on the regional level. The Law also seems to vest too much power in the central authorities in relation to the local ones: The central authorities can interfere in the activities of the local administration to a very high degree, especially as far as the control mechanisms are concerned.
14. We also note with concern that, during the recent elections, in some localities where the 50% threshold was not reached and the elections were therefore not considered valid, new elections were apparently not called. Instead, it seems that the President of the Republic nominated the heads of local government for the full period of four years. The capital of Moldova is one of those localities, where the President has nominated the mayor. This does not seem to be an acceptable practise to us: New local elections should be called instead, and only interim governments installed.
15. We are very glad that the Moldovan authorities, through the letter of the Speaker of the Moldovan parliament of 10 May 1995, have expressed their will to reform the shortcomings of their laws and practice in this area. We think that such a reform, bringing Moldova's laws and practice into line with the European Charter on Local Self-Government, is very necessary, and we will thus refer to it as a commitment in our amendments. We also suggest that Moldova should sign and ratify the European Charter on Local Self-Government within a year of accession, as was asked of Lithuania upon its accession as well.
C. The role of the prosecutor's office ("prokuratura")
16. A new law on the prokuratura has yet to be adopted. The functions of the public prosecutor are thus still regulated by the Act of 29 January 1992 on the prokuratura and by the (amended) Soviet Criminal Procedure Code. Article 35 of the latter reads (in unofficial translation): "According to the `Law on public prosecutor's department' and to the norms of this Code, the public prosecutor supervises, whether the criminal procedure (trial) was legally begun and whether the law was observed in the carrying out of the inquest and the preliminary investigation, during the examination of the case before the court and during the execution of the sentence. The public prosecutor is obliged to introduce a protest against any illegal or unbased sentence and to present his conclusions related to the legality and the foundation of the sentence (verdict) at the [court of] appeal and [the] supervising instance." In addition, Article 36 specifies that "... The fact that the public prosecutor has participated at the effectuation of the penal investigation or that he has supported the accusation at court, does not constitute an obstacle for his subsequent participation in the trial (case)".
17. The Constitution is sadly unclear as to who has the right to issue arrest warrants (Article 25, paragraph 4, first sentence). While the legality of an arrest warrant (which can remain valid for up to six months) can be contested in court, there is no specification in the Constitution which allows only judges to issue arrest warrants. In Moldovan practice, it is the prosecutor who issues them, in the old Soviet tradition. In the opinion of the eminent lawyers, "a prosecutor in the Republic of Moldova cannot be considered as an officer authorised by law to exercise judicial power within the meaning of Article 5 paragraph 3 of the ECHR [European Convention on Human Rights]". We agree and conclude that this practice, amongst others, must be changed.
18. An act on reform of the judicial institutions has been adopted, which - according to the Speaker of the Moldovan parliament - has placed the Prosecutor's office "into a system of judicial authorities", and has excluded a lot of the old prerogatives from its activities. However, the prokuratura obviously still has the authority to issue arrest warrants, and it seems to have kept the authority to interfere in the activities of the courts (including the right and duty to monitor the lawfulness of decisions taken by the courts!). We are thus very concerned that the prokuratura might still occupy the position of "a fourth power operating side by side with the legislature, the executive and the judiciary", as the eminent lawyers stated.
19. However, the Speaker of the Moldovan Parliament did give a commitment in writing, in reply to the report of the eminent lawyers, that "the role and functions of the Prosecutor's Office will change, transforming this institution into a body of the democratic state, in accordance with European standards". We consider that European standards encompass especially the abolition of the public prosecutor's right to issue arrest warrants, to interfere in the activities of the courts and to monitor the lawfulness of court decisions, and to supervise the prison system. This commitment is considered paramount and legally binding by us, so we are proposing an amendment that would expressly refer to it in the text of the opinion.
D. Laws and their implementation
20. We are somewhat concerned by the fact that, although the Soviet Criminal Code and the Code of Criminal Procedure have been amended several times, new laws have not yet been adopted in this field. While we understand the extremely heavy legislative burden on such a young state as the Republic of Moldova, we must insist that a new Criminal Code and Code of Criminal Procedure, in accordance with Council of Europe standards, be adopted without delay. Otherwise, many Soviet practices and traditions in criminal proceedings will persist, and endanger the security of law ("Rechtssicherheit"). We are proposing an amendment to this effect for this reason.
21. We have received a letter from a human rights group fighting for the rights of homosexuals, which pointed out that the amended Soviet Criminal Code still penalises homosexual relationships between consenting adults (in November 1994). The Moldovan authorities have assured us that this provision is not implemented, and that the new draft Criminal Code decriminalises such relationships. We expect that no amendment will be introduced to the new draft Code on this point. This we consider covered in the commitment to adopt a new Criminal Code in conformity with Council of Europe standards.
22. The Sub-Committee on Human Rights and the Rapporteurs heard several allegations that adopted laws were not implemented. Although we have considerable faith in the young Republic's willingness to implement its new laws, Moldova might be overburdened, and so we cannot dismiss these allegations out of hand. We must urge the Moldovan authorities to take utmost care that all adopted laws are implemented fully and speedily, again out of concern for the security of law ("Rechtssicherheit") in the country.
E. The abolition of the death penalty2
23. Concern should be voiced that, despite a moratorium on the application of the death penalty currently in force, in June 1994 fifteen prisoners were under sentence of death. The amended Soviet-time Criminal Code foresees the death penalty for high treason, aggravated murder, aggravated rape, rape of minors and the attempted murder of a policeman. There is a movement in parliament in favour of the abolition of the death penalty, but it has so far been unsuccessful, due to popular opinion and the high level of crime in Moldova.
24. In accordance with Resolution 1044 (1994) on the abolition of capital punishment, "the willingness to ratify the [Sixth] protocol [to the ECHR should] be made a prerequisite for membership of the Council of Europe". There are numerous arguments against capital punishment that will not be cited here. However, it should be mentioned that, although some "old" member States have also not yet ratified Protocol No. 6, none of them have executed anybody in recent years, and most of them do not even have anybody under sentence of death. It should also be noted that the legal system of these countries is more mature and gives greater guarantees against the execution of innocent people. In any case, the Assembly should uphold its own decisions.
25. For these reasons it is proposed that the ratification of Protocol No 6 of the ECHR be made a binding commitment for the Moldovan authorities (an appropriate amendment is proposed in Chapter VIII). However, in view of the complicated situation in Moldova, Moldova should be given a grace period of three years to abolish capital punishment, provided that the moratorium on executions stays in place until the complete abolition of the death penalty. The parliamentarians of the Moldovan special guest delegation declared themselves in agreement with this solution on 27 April 1995, as did the Speaker of the Moldovan Parliament in writing on 10 May 1995 on behalf of his country.
III. Basic human rights and fundamental freedoms
26. Neither the Sub-Committee on Human Rights, nor the Rapporteurs have come across any evidence of gross human rights violations in Moldova, except perhaps in Transnistria, which is effectively not under the control of the Moldovan authorities. However, there seems to be a tendency towards restricting the fundamental freedom of the media. The young Moldovan Republic feels threatened by unionist tendencies towards Romania and separatist tendencies in Transnistria and Gagauzia - this perceived danger is probably at the heart of these restrictions. There is a separate conflict regarding the Church of Bessarabia, which is claimed to concern the freedom of religion.
A. Freedom of the media
27. The Moldovan draft law on the press was examined by two Council of Europe experts, who found it wanting in several respects. However, according to our information, the version of the press law which was finally adopted by the Moldovan parliament in October 1994 took into considerations all the main criticisms of the experts, except for one, concerning Article 4. This article of the press law reads (in unofficial translation):
"(1) The periodicals and press-agencies publish according to their own appreciation any kind of material and information except the following: (a) material contesting or defaming the [Moldovan] State and its people, as well as material containing appeals to aggressive war or inciting to national, racial or religious hostility, discrimination, territorial separatism, public violence, and other forms of attempts to encroach upon the constitutional regime; (b) material which disparages the honour and dignity of the person and does not correspond to the truth, or material which does not disparage the honour and dignity of the person but does not correspond to the truth, as well as material which is in contradiction to the legislation in force ...".
28. As the experts pointed out, these provisions might be contrary to the case law of the European Court on Human Rights regarding Article 10 of the ECHR, since information and ideas that offend, shock or disturb the State or any section of the population are also protected by this Article. The formulation "material which is in contradiction to the legislation in force" is also too vague in our opinion, giving scope to possible abuse.
29. We also consider that a journalist should not be penalised for publishing material which does not disparage the honour and dignity of the person, just because the material does not correspond to the truth. This is especially the case if the journalist published such material without intent (i.e. not knowing that the material did not correspond to the truth). There is too much scope for possible abuse in this provision, which might lead to self-imposed censorship of journalists and restrict the freedom of the media in that way.
30. In view of the fact that the press law has already been adopted, we can only urge the Moldovan authorities not to apply these provisions in a restrictive manner, but in accordance with the Moldovan constitution, which also protects the freedom of expression. Should the press law be revised, our comments should, of course, be taken into account. Otherwise we are satisfied that relevant cases can be brought before the European Commission and Court of Human Rights in Strasbourg once the European Convention on Human Rights has been ratified by the Moldovan parliament within a year of accession.
B. Freedom of religion
31. The Rapporteur of the Political Affairs Committee has dealt extensively with the conflict surrounding the Orthodox Church of Bessarabia (paragraphs 104-110). We largely agree with his views. Although it appears that the Church of Bessarabia is only a cover for the unionist movement, we would like to ask the Moldovan authorities to go on trying to find a peaceful solution to this conflict, in view of the fact that as many as 10.000 members of this Church could be affected. Perhaps a compromise could be found in the form of the Church of Bessarabia changing its statute to preclude expansionist and unionist interpretations, and the Moldovan authorities then registering the Church.
IV. Minority rights
32. We are glad that a draft law on rights of persons belonging to national minorities is currently being discussed in the Moldovan parliament. The Council of Europe's Commission on Democracy through Law has given an expert opinion on the draft law, and we would like to ask the Moldovan authorities to take these comments into account when drafting the final version. Provided this is done, the law could become a cornerstone for the protection of minority rights in Moldova. It should include the provisions of the new Council of Europe Framework Convention on the Rights of Minorities and, of course, the principles laid down in the Assembly's own Recommendation 1201 (1993) which remains as valid as ever.
A. Language rights
33. We agree with the Rapporteur of the Political Affairs Committee and the eminent lawyers that the question of language rights is the most important and sensitive issue in the framework of minority rights. We support the recommendation of the eminent lawyers, which was expressly accepted by the Speaker of the Moldovan parliament in writing, that "potential legal consequences of inadequate knowledge of Moldovan should be minimised and that a significant extension of the time required for the necessary studies [of the Moldovan language] be granted". We would prefer this commitment to be expressly referred to in the text of the opinion, so we are proposing an amendment to this effect. Moldova should also ratify the Charter on Regional and Minority Languages of the Council of Europe.
B. The Gagauz minority
34. We share the opinion of the Rapporteur of the Political Affairs Committee on the solution of the problem of the Gagauz minority. While we are aware of the remaining problems in connection with the establishment of the Gagauz-Yeri and the elections for Bashkan (leader of Gagauz-Yeri), which are caused by the necessary transition of power from the former leaders of the Gagauz to the new ones, we think that Moldova has handled these problems very well. We would like to commend the Moldovan authorities for the handling of this issue and urge them to go on dealing with it in this constructive way.
V. The penitentiary system
35. According to Soviet traditions, the penitentiary system is under the sole authority of the Ministry of the Interior. Complaints are made to the public prosecutor. We have dealt with the latter problem in chapter II.C.14. The Moldovan authorities have assured us that the responsibility for the penitentiary system will be transferred from the Ministry of the Interior to the Ministry of Justice in autumn 1995. We consider this a commitment.
VI. Other issues
A. Transnistria
36. Since the Rapporteur of the Political Affairs Committee has treated the Transnistrian issue at length, and the issue seems to be more political than legal in any case, we do not want to comment extensively on the issue. We might not share Lord Finsberg's optimism, but we do hope that a peaceful solution, negotiated politically, and taking into account the interest of both the Moldovan government and the population living on the other side of the Dniestr/Nistru river, can be found soon.
B. The Russian 14th Army
37. As the Rapporteurs of the Committee on Legal Affairs and Human Rights, we do not feel ourselves competent to deliver a judgment on the complex military and political issue of the withdrawal of the Russian 14th Army and will thus refrain from doing so.
VII. Conclusions
38. Taking into account the commitments entered into by the Moldovan Parliament in the reply to the report of the eminent lawyers, as well as the commitments entered into by the Moldovan authorities on 10 May 1995 (see Appendix II) in reply to the letter of Mr Columberg of 27 April 1995 (see Appendix I), and on the understanding that the responsibility for the penitentiary system will be transferred from the Ministry of the Interior to the Ministry of Justice in autumn 1995, we support the recommendation to the Committee of Ministers to invite Moldova to become a member of the Council of Europe.
VIII. Suggested amendments
39. We ask the Assembly to vote for the following amendments to the draft opinion contained in Doc. 7278, to be tabled on behalf of the Committee on Legal Affairs and Human Rights. Please note that the Moldovan authorities are in agreement with these amendments:
Amendment No. 1:
Add the following paragraph after paragraph 7 as new paragraph 8:
"The following commitments have been entered into by the Moldovan Parliament:
a. Articles 54 and 55 of the Moldovan Constitution will not be applied in a manner restricting fundamental human rights, contrary to international standards;
b. the role and functions of the Prosecutor's Office will change, transforming this institution into a body which is in accordance with the Rule of Law and Council of Europe standards;
c. potential legal consequences of inadequate knowledge of the official language will be minimised and a significant extension of the time required for the learning of this language will be granted;
d. the responsibility for the penitentiary system will be transferred from the Ministry of the Interior to the Ministry of Justice in autumn 1995;
e. a new Criminal Code and Code of Criminal Procedure in conformity with Council of Europe standards will be adopted within a year of accession;
f. Article 116, paragraph 2 of the Constitution will be modified in such a way as to ensure the independence of the judiciary in conformity with Council of Europe standards within a year of accession;
g. the country's laws and practice in the sphere of local self-government will be reformed in accordance with the European Charter on Local Self-Government."
Amendment No. 2:
In paragraph 10, add after "on the understanding that Moldova" and before "intends" the following words:
"shares its interpretation of commitments entered into as spelt out in (new) paragraph 8 and now"
Amendment No. 3:
In paragraph 10, replace sub-paragraph c. with the following sub-paragraph:
"to sign and ratify Protocol No. 6 of the European Convention on Human Rights on the abolition of the death penalty in time of peace within 3 years of accession, and to uphold the moratorium on executions until total abolition of capital punishment;".
Amendment No. 4:
In paragraph 10 f., add the following phrase at the end of the sentence:
", and incorporate it into the legal and administrative system and practice of the country".
Amendment No. 5:
In paragraph 10, replace sub-paragraph g. by the following sub-paragraph:
"to sign and ratify, within a year from the time of accession, the European Charter on Local Self-Government, and to study, with a view to ratification, the Council of Europe's Social Charter and the European Charter on Regional or Minority Languages;".
APPENDIX I
Letter from Mr Columberg
to Mr Lucinschi, Speaker of the Parliament of Moldova,
dated 27 April 1995
(Translation)
...
Today I met the Moldovan Special Guest Delegation to discuss Moldova's accession to the Council of Europe. I shared with them my conviction that the Republic of Moldova has made considerable progress, also in the legislative field, since it applied for membership and I congratulated them. However, a few minor problems remain to be clarified.
During our discussions, the members of the Special Guest Delegation present agreed to the following commitments to deal with these problems and advised me to ask you, in your capacity as Speaker of the Moldovan Parliament, to confirm in writing your country's willingness to officially agree with these three main commitments:
1. Penal Code and Code of Criminal Procedure
A new Penal Code and a new Code of Criminal Procedure in conformity with Council of Europe standards should be adopted within a year of accession.
2. Protocol No. 6 to the European Convention on Human Rights
Protocol No 6 should be signed and ratified within 3 years of accession, and the moratorium on executions should be upheld until total abolition of the death penalty.
3. Independence of the Judiciary
Article 116 para. 2 of the Constitution should be modified in such a way as to ensure the independence of the Judiciary in conformity with Council of Europe standards within a year of accession.
We discussed at length the problems of local self-government and the elections to its bodies during our meeting today. At this point I do not yet have sufficient information to take a final stand on this issue, but I would welcome your assurance that you would be willing to commit your country, if necessary, to amend the relevant legislation to bring it into line with Council of Europe standards.
With these commitments and those which you have already entered into in your reply to the report of the eminent judges, and on the understanding that the responsibility for the penitentiary system will be transferred from the Ministry of the Interior to the Ministry of Justice in autumn 1995, I expect that the Committee on Legal Affairs and Human Rights will be able to adopt a positive draft opinion on Moldova's accession to the Council of Europe at its meeting on 29 May 1995 in Paris.
...
APPENDIX II
Letter from Mr Lucinschi, Speaker of the Parliament of Moldova,
to Mr Columberg, dated 10 May 1995
(Unofficial translation)
...
The information provided to date on the Republic of Moldova's application to join the Council of Europe proves our intention of fully adhering to the Council of Europe's basic principles.
The Republic of Moldova is grateful for the assistance given by Council of Europe parliamentarians and experts, who have visited our country several times and shown a keen interest in the reforms undertaken in both the economic and the socio-political sphere.
I should like to express my personal gratitude for the exacting and practical manner in which you have formulated the problems we are facing. However, I should mention that most of these problems have already attracted our attention and I believe they will be resolved within the time-limit set by the Council of Europe.
1. Criminal Code and Code of Criminal Procedure
I should like to inform you that by Parliament decision no. 254 of 3 November 1994 two committees have already been set up to draft the Criminal Code and the Code of Criminal Procedure.
The work of the committee drafting the Criminal Code has reached a more advanced stage, so that the draft Code will be tabled in Parliament for its first reading before the end of this year.
The draft Code of Criminal Procedure will be drawn up as soon as possible. We should be very pleased if the Council of Europe experts would agree to study both texts and give their opinions on them.
2. Protocol No 6 to the European Convention on Human Rights
As soon as the independence of the Republic of Moldova was proclaimed, the death penalty was abolished in most of the articles of the Criminal Code and it has not been applied for the past five years. The Republic of Moldova therefore complies in practice with the moratorium on the death penalty. Furthermore, Article 24, para. 3 of the Constitution of the Republic of Moldova provides that "the death penalty may, on an exceptional basis and until its total abolition, be applied as prescribed by law, solely on the basis of a court decision". In other words, the Republic of Moldova is moving towards the removal of the death penalty from the provisions of the Criminal Code, which enables it to make this commitment.
3. Independence of the judiciary
Article 6 of the Constitution of the Republic of Moldova, entitled "Separation of powers and co-operation between powers", lays down the principle of the separation of state powers. We understand your concern over Article 116 on "The status of judges", especially paragraph 2, which may give the impression of dependence on the party in power and the President, particularly in a situation where application of the democratic principles of the rule of law has to be proved viable. It should be pointed out that the provisions in question were introduced into the Constitution because of the lack of experienced lawyers, but we are convinced that the general process of legal reform, including reform of the status of judges, which means bringing the system into line with the Council of Europe's principles, will be completed within the time-limit stipulated by the Council of Europe.
This amendment to the Constitution will be effected in consultation with the Council of Europe experts.
The process of change in the Republic of Moldova is irreversible. The task facing Parliament and the government is to determine the best way of fulfilling these aspirations. This makes us receptive to all innovations and progressive steps in Europe's experience and keen to share in implementing them. We are aware that the transition period will require the Republic of Moldova to make considerable efforts to devise a new and appropriate legislative framework for all spheres of activity, including local elections, which we also wish to further improve on.
I hope that this information will supplement our previous reply on the prison system and the status of public prosecutors in the legal system, and will therefore enable you and the Committee on Legal Affairs and Human Rights to adopt the final decision.
I remain at your disposal to answer any further questions.
...
Reporting committee: Political Affairs Committee (Doc 7278)
Committee for opinion: Committee on Legal Affairs and Human Rights
Reference to committee: Doc 6873 and Reference No. 1882 of 29 June 1993
Opinion approved by the committee on 29 May 1995
Secretaries to the committee: Mr Plate, Ms Bakardjieva and Ms Kleinsorge
1 1 See Appendix II.
2 2The views of Mr Jeszenszky on this matter are different from those of the committee. The following three paragraphs should therefore not be associated with him.