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Resolution 2308 (2019)
The functioning of democratic institutions in the Republic of Moldova
1. Following the parliamentary elections
of 24 February 2019, which resulted in a hung parliament, the Republic
of Moldova faced an unprecedented situation: on 7 June 2019 the
Constitutional Court of the Republic of Moldova ruled that the deadline
to form a parliamentary majority had expired, based – as the European Commission
for Democracy through Law (Venice Commission) stated – on a novel
calculation of the three-month time-limit period provided by the
constitution. On 8 June 2019, a “temporary political agreement for
the de-oligarchisation of Moldova” was reached between the Party
of the Socialists and the ACUM Bloc, enabling the formation of a
parliamentary majority, the election of a speaker of the parliament
and the designation of a government. On the same day, the Constitutional
Court declared these decisions to be unconstitutional, and decided,
on 9 June 2019, to temporarily suspend the President of the Republic
of Moldova, who had refused to comply with Constitutional Court’s
request to dissolve the parliament and call early parliamentary
elections. These decisions of the Constitutional Court plunged the
country into a political and constitutional crisis and resulted
in an unprecedented duality of power. A new ruling coalition was
set up in parliament, while the incumbent government stayed in power.
This situation prompted the Secretary General of the Council of Europe
to request the opinion of the Venice Commission on 8 June 2019.
2. In its opinion of 21 June 2019, the Venice Commission ruled
that the Constitutional Court did not meet the conditions required
for the dissolution of the parliament. The Parliamentary Assembly
values the fact that this opinion was instrumental in finding a
way out of this crisis. Following the resignation of the incumbent government,
the Constitutional Court resolved to annul its controversial decisions.
3. The Assembly deeply regrets that this crisis has cast a shadow
on the Constitutional Court, which did not act in accordance with
the constitution and its own case law, thus discrediting itself.
The Assembly calls on the newly elected members of the Constitutional
Court to restore confidence in the institution.
4. Given the polarised context of the Republic of Moldova, the
Assembly welcomes the peaceful transition of power and the resilience
and restraint demonstrated by the Moldovan people who, through their
votes, have clearly expressed their wish for political alternation
and their expectations for genuine changes. The political forces,
namely the Party of the Socialists and the ACUM Bloc, which formed
a ruling coalition, represent a broad spectrum of Moldovan voters
and managed to agree on common political objectives despite their diverging
political visions.
5. The Assembly notes that the newly established government has
undertaken, as a matter of priority and following a “temporary political
agreement”, to “de-oligarchise” the country and fight against corruption.
The Assembly acknowledges the legitimate and necessary steps needed
to eradicate from state institutions all aspects that are characteristic
of “State capture”. At the same time, the Assembly calls on the
Moldovan authorities to ensure that the measures to be introduced
will allow them to reform the system, and eventually consolidate
democratic institutions. The Assembly also stresses that democratic
processes should be promoted and, in particular, it calls on the
parliament to ensure that the rights of the opposition will be respected.
6. The Assembly welcomes the steps taken to identify those responsible
for the use of public institutions for the benefit of private, party
or business interests, in particular the setting up of several inquiry
commissions by the parliament. It calls on the judicial authorities
to take the allegations of wrongdoing seriously and to thoroughly
investigate possible crimes. Those responsible should be held accountable
and brought to justice.
7. The Assembly recalls that the “bank fraud scandal”, in which
massive illegal transfers of money were made from the banking system
in 2014, resulted in a major financial burden for Moldovan citizens
as the State had offered financial guarantees. The Assembly regrets
that, five years later, the investigations carried out have proved
inconclusive. It therefore welcomes the recent steps taken by the
parliament to create a parliamentary investigative committee to
re-launch the investigation. It welcomes the publication of the
Kroll 2 audit report, while urging all information to be brought
to the attention of the relevant authorities. The Assembly now expects
all those involved to be brought to justice. It also calls on all
Council of Europe member States concerned to fully co-operate with
the Moldovan justice system to trace and recover the stolen money.
8. The Assembly notes that the authorities are determined to
overhaul and clean up the system. While there is a strong temptation
to swiftly remove State officials who were allegedly receptive to
external influence and pressure, the Assembly underlines that the
legal steps taken today to “de-oligarchise” the country will have long-term
effects and should therefore contribute to consolidating State institutions,
strengthening their independence and ensuring that new legislation
and its implementation comply with Council of Europe standards.
It also calls on the Moldovan authorities, should it prove appropriate,
to repeal pieces of legislation that were deemed necessary to overcome
the deadlock.
9. The Assembly notes that the steps taken after June 2019 have
restored the trust of international donors. It welcomes the resumption
of international financial support by the European Union and the
International Monetary Fund, which could significantly contribute
to strengthening the rule of law, increasing investment and job
opportunities, improving the social and economic living conditions
of the Moldovan people and providing them with strong incentives
not to leave their country.
10. The Assembly takes note of the reform of the justice system
which was announced by the authorities in August 2019. This reform
is likely to substantially alter the election of the General Prosecutor,
the composition of the Supreme Court of Justice, the Superior Council
of Magistrates and the Superior Council of Prosecutors. The reform
will also make changes to the evaluation of judges and prosecutors.
The Assembly welcomes the determination of the authorities to address
pressing issues and restore confidence in the justice system. At
the same time, it recalls that it is of fundamental importance to
ensure that the changes proposed will strengthen the independence
and impartiality of the judicial and prosecutorial regulatory bodies
and establish open, transparent and merit-based recruitment systems.
The Assembly is concerned that the recent appointment of judges
to the Constitutional Court was not fully transparent. The Assembly
is also concerned that the recent proposed amendments by the Moldovan
Government do not fully comply with recommendations of the Council of
Europe. Therefore, the Assembly expects the Moldovan authorities
to seek the expertise of the Council of Europe, in particular the
Venice Commission, to ensure that the changes proposed are sustainable
and comply with Council of Europe standards.
11. The Assembly also calls on the Moldovan authorities to:
11.1. ensure that dismissal and recruitment
procedures in public administrations and institutions are based
on clear and open criteria so as to increase the transparency and
accountability of the State institutions;
11.2. review the functioning of the National Institute for Justice
and ensure that initial and continuous training aims at strengthening
the capacity of future judges and prosecutors, so that they act
in an independent manner;
11.3. do everything possible to terminate all existing politically
motivated criminal cases against political activists and their lawyers,
which were initiated by the previous regime as the result of political interference
in the judiciary and law enforcement, as mentioned in the report
by the Committee on Legal Affairs and Human Rights (Doc. 14405).
12. The Assembly stresses the need to strengthen the judiciary
system, as its weaknesses have allowed money-laundering schemes
(so-called “laundromats”) to develop. The Assembly recalls its Resolution 2279 (2019) “Laundromats:
responding to new challenges in the international fight against
organised crime, corruption and money laundering” and reiterates
its call on the Moldovan authorities to repeal pieces of legislation
that provide for “fiscal amnesties” or “golden visa” schemes, which
have facilitated money laundering, and to introduce provisions preventing
persons charged with or convicted of serious offences, including
corruption and money laundering, from taking or exercising public
office.
13. The Assembly recalls that corruption remains a prevalent phenomenon
in the Republic of Moldova. The Assembly welcomes the publication,
on 24 July 2019, of the 2018 compliance report of the Group of States against
Corruption (GRECO), which took stock of measures aimed at preventing
corruption among judges, prosecutors and members of parliament.
It urges the Moldovan authorities to take resolute action to eradicate corruption
and to implement GRECO’s 2016 and 2018 recommendations. In particular,
the Assembly calls on the Moldovan Parliament to adopt a Code of
Ethics, a Code of Conduct and a Code on the Rules of Procedures, in
line with the 2016 recommendations issued by GRECO.
14. Following the changes to the electoral legislation and the
abolishment of the mixed electoral system in August 2019, in line
with the recommendations of the Venice Commission, the Assembly
welcomes the steps taken to increase transparency in the financing
of election campaigns, decrease the electoral thresholds and increase
the possibility for the diaspora to cast its vote. It invites the
Moldovan authorities to implement the recommendations made by the
Parliamentary Assembly’s election observation ad hoc committee in
2018 and the opinions of the Venice Commission related to the funding
of political parties and campaigns (2017) and the electoral system
(2017).
15. The Assembly calls on the Moldovan authorities to ensure that
the reforms to the judicial system and prosecution office are implemented
in full compliance with Council of Europe standards so as to achieve
the restoration of the rule of law and put an end to the selective
justice system which has hitherto prevailed. Such reforms will also
secure the legal protection of fundamental human rights, including
women’s rights. In this context, the Assembly encourages the Moldovan
authorities to ratify the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic Violence (CETS
No. 210, Istanbul Convention), which was signed by the country in
2017. In this respect, the Assembly welcomes the support expressed
by the President of the Republic of Moldova for this ratification.
16. The Assembly welcomes the willingness of the Moldovan authorities
to continue the 5+2 discussions, which involve the Republic of Moldova,
the de facto Transnistrian
authorities, the Organization for Security and Co-operation in Europe,
the Russian Federation and Ukraine in working towards a peaceful
resolution of the Transnistrian conflict. The Assembly also reiterates
its full support for the territorial integrity of the Republic of Moldova
and its call on the Russian Federation to withdraw its troops and
equipment from Moldovan territory, in line with Resolution 1896 (2012) on
the honouring of obligations and commitments by the Russian Federation.
In this context, the Assembly welcomes any initiative that could
result, as a first step, in the liquidation of the ammunition stock
in the Transnistrian region of the Republic of Moldova.
17. The Assembly encourages the Moldovan authorities to pursue
their co-operation with the Council of Europe, in particular the
Venice Commission, and make use of its expertise, in particular
for the reform of the judiciary, the prosecution office and anti-corruption
legislation. It resolves to follow the ongoing developments in the
framework of its monitoring procedure.
18. In the context of local and parliamentary elections to be
held on 20 October 2019, the Assembly calls on the Moldovan authorities
to ensure that elections are organised in compliance with the best
practices and standards of the Council of Europe.