According to independent sources, Moldova’s record in the fight against corruption is poor. For instance, the Transparency International Perception Index for 2014 ranks Moldova in 103rd place out of a world total of 168 countries. Georgia and Ukraine came in at 48th and 130th place, respectively.
The anti-corruption efforts undertaken by the authorities in the period 2014–15 included the following measures:
In 2014–2015 531 criminal cases on corruption on 674 persons were submitted to the courts. Out of 674 persons 48% were from law enforcement agencies and justice sector, 20% from central and specialised public administration, 13% from local public administration, 9% from the medical sector, 6% from education and 4% from banking and fiscal sectors. In 2014- 2015, 5 cases of corruption committed by ministers and deputy ministers were identified, 8 by heads and deputy heads of national agencies, 5 by heads and deputy heads of
20 PART I.POLITICAL PRINCIPLES, THE RULE OF LAW AND FOREIGN POLICY
autonomous public institutions and heads and deputy heads of departments within the public authorities, 24 by mayors, 17 by judges and 3 by prosecutors.21
According to an assessment of perceptions among professionals in the judicial sector, since 2011, corruption has increased significantly among lawyers (42%) and prosecutors (26%), and less among judges (5%). Corruption was found to be highest among lawyers, judges and prosecutors at the Courts of Appeal (30-54%), and lowest at the Superior Council of Magistracy (11–21%).22
The biggest corruption scandals of the last few years have related to deep problems in the banking sector and the implication of offshore companies, questions about the integrity of judges and political corruption surrounding members of parliament.
Several chapters of the DCFTA have a direct bearing on the fight to reduce corruption, for example, on competition and public procurement policies. While the Agreement deals with corruption only in brief and declaratory terms, the Association Agenda document refers to the need to implement an anti-corruption strategy and improve the functioning of the National Anti-corruption Centre and the National Commission for Integrity.
The authorities have been implementing the National Anti- corruption Strategy for 2011–15, although this document has not been updated. The strategy’s implementation is monitored by a group consisting of the National Anti-corruption Centre, the EU Delegation and representatives of international organisations and the donor community. There have been significant improvements in legislation, for example in the provisions concerning illicit enrichment and extended confiscation introduced to the Penal Code (Arts 330 and 106).
The key tool used by the National Anti-corruption Centre to prevent and combat corruption is the professional integrity test, regulated by Law No. 325 of 23 December 2013. This law was
21 See the “Progress Report of the National Anticorruption Centre in the
period 2014-2015”, February 2016 (www.cna.md/sites/default/files/ statdata/nac_progress_report_2014-2015_english.pdf).
22 Derived from the Legal Resources Centre from Moldova, “Perceptions of
judges, prosecutors and lawyers on justice reform and fight against corruption”, December 2015.
circumvented by the Constitutional Court,23 however, which declared several of its provisions unconstitutional. In order to bring the law into line, certain amendments were proposed, including the establishment of judicial control over the means used to perform the tests, thereby reducing their arbitrary application. Experts consider that these amendments can have a negative impact, in view of the corruption and political interference in the judicial sector.
As part of its anti-corruption actions, Moldovan authorities initiated the drafting of the Code of Ethics and Conduct for police officers in 2015. In this regard, Moldova received EU support through a project aimed at reforming the Ministry of the Interior and the Police and to fight corruption. The future code will take account of the provisions of the European Code of Ethics for police officers and the Code of Conduct of the Romanian police. The future code will apply to police and border police and will include provisions related to transparency, protection of personal data, relations with the public, anti-corruption and the use of force.
In 2015, anti-corruption prosecutors conducted training sessions for local public administrations, dedicated to the concept of ‘zero tolerance of corruption’. The National Integrity Commission is developing the information system ‘e-integrity’ with the support of the World Bank, and in cooperation with the National e-Governance Centre. The e-integrity online tool is used for the submission of assets and declarations of interest. The new legislation regulating the activity of the National Integrity Commission is in the final stage of legislative procedures. These amendments enhance the role of the National Integrity Commission and separate its contravention sanctioning competences from those of the Anti-corruption Centre. Overall, the authorities have prepared various amendments to the anti-corruption legislation. They refer to the delimitation of the prosecution mandates of the Anti-corruption Centre, the Ministry of Interior and the General Prosecutor’s Office. Political instability and interference have delayed all these amendments.
Anti-corruption activities are linked to the reform of the justice system under the Justice Sector Reform Strategy for 2011–16 and the Action Plan for its implementation. In late 2015, the authorities reported that 69% of the steps in the Action Plan had been undertaken,
23 See the Decision of the Constitutional Court no. 7 of 16 April 2015
(http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=35841 5).
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using special Ministry of Justice methodology to monitor implementation of the strategy. Due to political interference, the Law on the Prosecutor, intended to increase the independence and efficiency of the Prosecutor’s Office as part of the strategy, has been delayed.
In 2015, the agreement on operational and strategic cooperation, signed in December 2014 between Moldova and Europol, was ratified. The SIENA system for sharing information used in trans-border crime investigations between Moldova and Europol has been operating since April 2015. With the support of Europol, Moldova took part in two operations during 2015: one to combat the illicit trafficking of cars (‘Hit 2-BLUE AMBER’) and the other targeting human trafficking and illegal migration (‘BLUE AMBER-SIROCCO’).
Moldovan embassies benefit from Anti-terrorism Guidelines, enforced by the Ministry of Foreign Affairs and European Integration. The Moldovan authorities take part in the Counter-Terrorism Network under the Police Cooperation Convention for Southeast Europe, established in December 2014.