On 23 September 2021, the Parliament adopted the draft Law no. 507, that included a set of constitutional amendments regarding the judiciary. The law entered into force on 1 April 2022. On 29 July 2022, the Parliament also adopted the infra-constitutional legislative modifications to connect the existing legal framework to the constitutional amendments introduced. 

The constitutional and infra-constitutional amendments include a range of important changes: 

(I) exclusion of the initial appointment of judges for a 5-year mandate. The judges will be appointed for a lifetime mandate, thus reducing the risk of them being influenced; 

(ii) transfer of judges within courts of law of the same level or to lower-level courts of law, as well as dismissal of court of law presidents from their functions will be performed via a decision of the Superior Council of Magistracy (SCM), the President's decree being no longer required. This modification consolidates the powers of the SCM; 

(iii) Exclusion of the practice of the temporary transfer of judges without a contest procedure. This practice was used in the past as a means of eluding the contest requirement for attractive positions in the justice sector; 

(iv) Introduction of the possibility for judges to be seconded to the subdivision responsible for the representation of Moldova in the European Court for Human Rights (ECtHR). This modification will contribute to the increase of level of knowledge of judges in the area of human rights thus improving the quality of our government representation at the level of the ECtHR; 

(v). Regulating the situation related to the dishonourable withdrawal of judges from the system, without a pension or resignation allowance; 

(vi). Detailing the rules related to the establishment of the SCM, according to the Venice Commission recommendations. Besides that, the mandate of the President of the SCM was shortened to 2 years, without the right to be re-elected, also excluding the requirement for the SCM president to be a judge. Also, revoking of a member of SCM may only be done by the SCM, with a qualified majority of votes. These measures are intended for strengthening the SCM independence; 

(vii) Adjustment of rules related to the adoption of SCM decisions, the requirement for deliberation being excluded. This update aims at increasing the transparency of SCM, thus unblocking the situations when SCM finds itself unable to adopt decisions because of the absence of its members; 

(viii). Diminishing the number of members in the SCM panels. There will be seven members in the disciplinary board, and five members in the other boards, the rule being that the majority of these are to be judges. 

(ix) There was excluded the requirement that the judges must come from courts of law of all levels; 

(x) Increased remuneration of the non-judicial members in the SCM and its boards.

Probably the most important modification is the draft law that changes the componence of the SCM and introduces a different procedure for the election of its members. The recommendations of the Venice Commission were respected. 

On 2 February 2023, the Parliament of the Republic of Moldova voted in the second reading the draft law no. 466  related to the disciplinary liability of judges and the activity of the judicial inspection. The draft law was developed by the Ministry of Justice with the goal of reforming the judicial inspection through better regulation of rights, obligations, safeguards for inspector judges their performance evaluation and procedure for revoking their mandate . From the point of view of the disciplinary liability of judges, these amendments ensure clarity and predictability regarding the disciplinary misconduct, simplification of the examining procedure thereof, as well as of the procedures for disciplinary sanctions application etc. The draft law also provides for the establishment of a distinct subdivision in the framework of the secretariat of the Superior Council of Magistracy (SCM), that will provide support for the inspector judges and for the disciplinary panel. This subdivision will be created based on the already existing staff of the SCM secretariat, t For this reason, it is not clear whether the actual support received by the panel and inspectors will be better than before the changes. The draft law was published in the Monitorul Oficial no. 53-56 of 18 February 2023. The law enters into force two months after having been published in Monitorul Oficial.

Although the amendments made improve the disciplinary liability mechanism, it still does not resolve the issue of absence of functional independence of the judicial inspection versus the SCM. The latter will continue (including through the „Secretariat”) to exercise strong control on the entire mechanism of making the judges disciplinarily liable.

Recommendation: amendment of the legal framework for the enlargement of autonomy of the judicial inspection, eventually via the creation of an institution distinct from SCM. 

The Concept was publicly presented in November 2022. he concept involves (i) the merging of the College for the Selection and Career of Judges (hereinafter - the Selection College) with the College for the Evaluation of Judges' Performance (hereinafter - the Evaluation College). The concept specifically proposes: (i) Merging of CEPJ and CJCS; (ii) revising the criteria and procedure for selecting candidates for the position of judge; (iii) revising the criteria and procedure for evaluating judges; (iv) increasing the clarity and precision of detailing the selection and evaluation criteria and introducing new elements in the way judges are selected and evaluated; (iv) ensuring objective and equidistant appreciation of candidates for the position of judge or, as the case may be, of the judges in office. In December 2022, the Ministry of Justice sent the project Concept for further consultation. Additional proposals for the finalization of the final version of the mentioned Concept were presented in January-February 2023. 

Based on the concept, the Ministry of Justice presented a project for a new law on the selection and career of judges. The new law on the selection and career of judges was voted on in the final reading by the Parliament on June 9, 2023, and came into effect on June 21, 2023. The project is at the stage of endorsement. 

Although the commitment is limited to approving the concept, it is imperative to analyze the conformity of the draft law, developed based on the concept, from the perspective of the capacity to reform the responsibilities of the single selection and performance evaluation commission, as well as clearly establishing in the concept - and also in law - the role of CSM in the selection and career of judges, which at this stage remains unclear. Thus, the main innovations of the new law are: The two CSM committees, previously responsible for the selection and promotion of judges, have been merged into a single body consisting of 9 members (5 career judges and 4 representatives of civil society), who will have mandates of 6 years. Judges will now be evaluated every five years, instead of three. Evaluations will focus on professional competence, organizational skills, and professional integrity. The evaluation criteria have been revised to include psychological testing of decision-making, stress management, and analytical skills. In addition, informal training and competence in English or French will be taken into account during the recruitment of new judges. The presidents of the courts will undergo additional management evaluations, promoting a positive work environment and public communication. Until the members of the new Unified College are appointed, CSM will perform its functions. 

Reservations: (i) The College members will not be detached from their basic functions, however, the workload will be reduced to 50% or more, at the discretion of CSM. This fact could seriously affect the quality of the college's activity, as the members of the 2 colleges also had their workload reduced by 50%, and the workload in the new college will be almost double. ; (ii) The College will become functional, at the earliest 6-9 months, considering that its members are to be recruited only after July 2023, subject to pre-vetting. 

The Law no. 228/2022 for the modification of certain normative acts stipulates a range of amendments of the Law no. 152/2006 on the National Institute of Justice (NIJ). 

According to these amendments, among the conditions for the enrolment in the competition of candidates for initial trainings for judges and prosecutors must be included the requirement to present the detailed criminal records and the declaration of property and personal interest both for the previous fiscal year and for the fiscal year in which the application for the competition was lodged, in compliance with the template presented in annex no. 1 to Law no. 133/2016 on the declaration of property and personal interests. Entry into force of the Law on 12 August 2022.

However, the Law does not provide for a mechanism for verification of the submitted declarations. The National Integrity Authority (NIA) does not have the competency of verifying these declarations, task that shall be performed in the framework of NIJ. 

Although the authorities are committed to introduce a system for the verification of integrity in the framework of INJ,, such a mechanism does not yet exist in the case of acting judges and prosecutors. The mechanism must be expanded for the latter as well. This might include verification of their property by the self-administration bodies at all stages of their career growth, including for the appointment of court president or chief prosecutor. At this moment, the wealth of judges is not verified in the context of career promotions. If allegations of unjustified wealth occur, NIA could be notified.

The action has been implemented with certain shortcomings. The legislation still needs to be adjusted for the introduction of a mechanism of the presented declarations' verification asn. Adjustment of legislation is also required for the introduction of an efficient system of internal verification of the integrity of judges and prosecutors at all stages of their career.

By Law no. 280/2022 (effective as of October 10, 2022), the Law on the Prosecutor's Office has been amended. The law was adopted in the context of the recommendations of the Venice Commission, particularly expressed in Opinion no. 1058 of December 13, 2021, as well as some additional recommendations presented in Opinion no. 1086 of June 20, 2022. The Commission's recommendations were as follows: (i) reintegrating the Prosecutor General (PG) into the Superior Council of Prosecutors (CSP); (ii) ensuring the stability of CSP membership quality; (iii) distinguishing the evaluation procedure of the PG from the disciplinary procedure; (iv) establishing clear evaluation criteria for the PG in the law; (v) mandating the inclusion of prosecutors in the PG evaluation commission; (vi) stipulating that the evaluation commission's decision regarding the PG is not binding for the CSP; (vii) granting the CSP the power to decide on the PG's suspension in case of criminal charges; (viii) clarifying that the suspension of the PG does not automatically lead to the termination of their deputies' mandates; (ix) in the event of the PG's suspension, one of their deputies will be appointed by the CSP to act as interim PG.

Essentially, all the recommendations of the Venice Commission from December 2021 were incorporated into Law no. 280/2022, as confirmed by the Venice Commission's references in point 41 of its Opinion no. 1086 of June 20, 2022, which positively assessed the proposed amendments to the Law on the Prosecutor's Office. However, some additional recommendations put forward by the Venice Commission in point 42 of the June 2022. Opinion were not included in Law no. 280/2022. These recommendations were: specifying in the law that the PG can refuse to present certain information to the evaluation commission if it could jeopardize the progress of investigations in certain criminal cases and ensuring that in the event of the PG's suspension, their duties are carried out by one of their deputies selected by CSP members. For this reason, we consider that the action was implemented with some insignificant deficiencies.

No further actions were taken in this regard between March 31 and June 30, 2023.

Through the Law no. 354/2022 the timeframe for the evaluation of candidates for SCM and SCP was extended until 30 June 2023.

On 7 February 2023, the pre-vetting committee published the latest decisions on the evaluation of judges, candidates for SCM, since this is the stage currently analysed. Out of 23 judge candidates, only 5 passed the evaluation. The candidates with a positive evaluation are all judges from district courts level. None of the judges from the SCJ or from the appellate courts passed the evaluation. Currently, the SCJ examines the appeals from the judges who did not pass the evaluation. The current SCM set the date for the General Assembly of judges for 17 March 2023. On March 17, 2023, the judges decided to adjourn the Assembly session until April 28, 2023, without considering the opportunity to elect new members to the SCM.

On 17 January 2023 the pre-vetting commission announced inception of the evaluation procedure for 12 non-judicial candidates for SCM. The commission announced about the self-withdrawal of 2 non-judicial candidates from the procedure while 2 other candidates were excluded for failure to submit the asset and personal interest declaration within the established timeframe. 

On 10 February 2023, the pre-vetting commission announced the starting of the evaluation for 18 candidates to SCP (17 prosecutors and 1 candidate on behalf of the Academy of Science). At the same time, they announced that one of the candidates among prosecutors was excluded from the competition for failure to present the declaration of property and personal interest in a timely manner. The interviews with the candidates for SCP have not started yet. No new member for SCP or SCM has been appointed until now. The General Assembly of judges for the selection of judges - members in the SCM was scheduled for 17 March 2023. At this assembly, no candidate from those who passed the evaluation was voted on, with the elections being postponed until April 28, 2023.

By the end of March 2023, the evaluation of non-judge candidates was completed. The commission announced the passing of the exercise by 3 out of 12 non-judge candidates. On March 30, the Parliament voted in 3 non-judge members to the SCM. The first SCM meeting in the new composition was held on April 4.

The evaluation of candidates for the specialized bodies of SCM and SCP hasn't started yet, but this process is supposed to be finalized by 30 June 2023.

During the General Assembly of Judges on April 28, 2023, four judges from the courts, who had passed the external evaluation, were elected as members of the Superior Council of Magistracy (CSM). Additionally, a substitute member of the CSM from the courts was also chosen. Currently, the CSM consists of three members elected by civil society, four judges from the courts, and one interim member from the courts of appeal.

In the period of April-May 2023, the hearings of the candidates for the High Judicial Council (CSP) took place. Out of a total of 18 candidates, 13 were heard, and 1 candidate requested an evaluation based exclusively on the accumulated materials. Four candidates did not pass the evaluation due to withdrawal from the competition or failure to submit the necessary documents within the deadline. Thus, as of June 30, 2023, out of the 18 CSP candidates, six candidates passed the evaluation, eight candidates did not pass, and four candidates are still awaiting a decision.

On May 19, 2023, the Pre-Vetting Commission announced the initiation of the evaluation procedure for 9 other non-judge candidates for the CSM, submitted by the Parliament. The hearings for these candidates have not started yet.

Two judge members of the CSM from the courts of appeal and the Supreme Court of Justice are to be nominated for evaluation by the current composition of the CSM, after the organization of the respective competitions. These competitions have not been initiated yet.

The evaluation of candidates for the specialized bodies of the CSM and the CSP has not started. The competition for filling the positions in the specialized bodies was launched on June 27, 2023, by the CSM. Candidates will submit their files for 30 days, after which the files will be forwarded to the Evaluation Commission.

On 1 December 2022, the Parliament of the Republic of Moldova voted in the second reading the draft of the new Electoral Code of the Republic of Moldova. The document, approved through the votes of 55 members of the Parliament, includes a series of changes in the electoral legislation aimed at the elimination of the issues identified previously in the complaints lodged to the Constitutional Court, as well as to follow the recommendations of the Venice Commission and of OSCE/ ODIHR, and other national and international organisations.

At the institutional level, the main changes brought by the new Electoral Code concern the composition and method of appointing the members of the Central Electoral Commission, aimed at ensuring the professionalization of the CEC's activity. Thus, the number of CEC members was reduced from 9 to 7 people, who will be permanently active during the mandate. The new procedure for appointing CEC members states that the Presidency, the Government, the Superior Council of the Magistracy and civil society organizations, with expertise in the electoral field, will each appoint one member, and the Parliament will vote for three members - two from the parliamentary majority and one from the opposition side. Other important changes relate to the expansion of the mandate of the CEC on the dimension of supervising the financing of political parties, but also the permanentization of the activity of second-level constituencies. These amendments come to strengthen the working capacity of the electoral body and ensure the establishment of more effective mechanisms at the CEC level for monitoring and, as the case may be, sanctioning violations committed by political actors.

On the dimension of the organization of electoral polls, the amendments brought to the electoral legislation included the possibility of organizing elections for two days in some constituencies or polling stations, based on objective reasons, such as pandemics, exceptional situations or the large number of voters who came to vote . The provisions on the conduct of the electoral campaign indicate that the electoral agitation begins on the date of registration of the electoral competitor, but not earlier than 30 days before the date of the elections. At the same time, the ballots are to be printed in Romanian, but also in another language, at the request of the representatives of the electoral district where this is requested, and the list of subjects who can submit appeals regarding the conduct of the elections has been expanded, by including the groups of initiative and electoral blocs, electoral competitors and referendum participants.

The process of consultations and approval of this draft law included several stages. Through the Decision of CEC from 8 October 2021, a working group has been created in the framework of the CEC, responsible for the identification of issues recorded during the previous rounds of elections, development of proposals for the modification of the Electoral Code and the coordination of the public consultations' process with the representatives of the civil society, political parties, central and local public administration and development partners. On 9 February, CEC presented for public consultations the draft Decision "On the presentation of proposals for the modification of the Electoral Code and of the related legislation".

During the period 18 March -7 April, CEC, in partnership with the Association Promo-LEX, organised seven thematic discussion workshops involving a total number of circa 440 persons. During the consultations' period, the CEC received more than 400 proposals for the improvement of the draft decision the majority of them coming from members of the Coalition for Free and Fair Elections. 

The proposals presented by the CEC were registered in the Parliament on 13 July, under the draft legislative initiative no. 288. It was voted in the first reading on 28 July 2022 and sent for the opinion of the Venice Commission and OSCE/ODIHR. On 21 October, the OSCE/ODIHR experts adopted the joint opinion regarding the draft of the new Electoral Code of the Republic of Moldova. 

One of the main constraints related to this draft law concerns the preservation of the minimum representation threshold of 2% for the election of independent candidates in the position of deputies. This threshold is disproportionate to the current structure of Parliament and disadvantages independent candidates in favor of political parties. Also, the thresholds established for political parties and electoral blocs must be revised to ensure and respect the principle of representativeness. Another important aspect concerns the lack of necessary changes for the introduction of alternative voting methods in the next national elections, even if 8 million of lei were allocated in September 2022 by the Parliament for the process of piloting and testing of internet voting.

In the context of implementing this commitment, the government authorities have included only one action, related to amending electoral legislation. However, the assessment reports of the Government and the European Commission will take into account the remediation of issues highlighted by the Venice Commission, regarding related actions of commitment 1, as well as other actions. Thus, to implement this commitment, the authorities should have included an additional action, intended to reflect the degree of implementation of the Venice Commission's recommendations.

This action has been accomplished once with the entry into force on 26 July 2022 of Law no. 189 of 14 July 2022 on the modification of the Criminal Procedure Code and of the Law no.198/2007 on the free legal aid guaranteed by the state.

It should be noted, however, that the action was completed before August 4, 2023, when the CNIE Action Plan was approved.

Thus, there was established a mechanism for the prosecution, trial and conviction of persons eluding or fleeing from penal investigation or from taking part in penal proceedings involving them. The legislation provides for all the required guarantees of a fair trial.

The new mechanism already started being applied by the prosecutors. Moreover, the new legal provisions went through a constitutionality control as a result of the non-constitutionality exception raised in the case involving Vladimir Plahotniuc as accused party. The Constitutional Court issued a decision on inadmissibility of the request.

In the process of the promotion and adoption of the legislative initiative there were respected the requirements set in Law no. 100/2017 on normative acts and law no. 239/2008 on transparency in the decision-making process.

During the time period December 2022 - January 2023, the Ministry of Justice finalised the set of proposals for the modification of the Criminal Procedure Code, mainly referring to the delimitation of competencies between the National Anticorruption Centre (NAC) and the Anticorruption Prosecution Office. The main modifications proposed by the Ministry of Justice are:

a) revision of the list of offences against which NAC may perform the penal investigation, thus limiting the penal investigation competencies of NAC to systemic corruption cases;

b) limiting the competencies of the Anticorruption Prosecution Office to performing the penal investigation of grand corruption cases (i.e., president of the state; members of the Parliament; members of the Government; judges and prosecutors, and of crimes committed by the employees of NAC, besides the competency of taking the lead in the investigation of systemic corruption cases.

c) the tasks of performing the penal investigation per petty corruption cases will be transferred to other penal investigation authorities, the leading role for handling such cases being transferred to the territorial prosecution offices.

The modifications proposed by the Ministry of Justice stem from the findings and recommendations of the Report of the Independent Anti-corruption Consultative Committee (CCIA) on the adjustment of the institutional anti-corruption framework in the Republic of Moldova and the Functional Analysis of the Anti-corruption Prosecution Office performed by the de Institute for European Policies and Reforms (IPRE).

The process of promotion and adoption of the legislative initiative is compliant with the requirements of Law no. 100/2017 on normative acts and Law no. 239/2008 on decision-making transparency. The draft law on the modification of the Criminal Procedure Code was subject to public consultations, and to extensive public debates on 3 February 2023 organised by the Legal Resource Centre of Moldova (CRJM) in collaboration with the Ministry of Justice. The Government approved on March 22, 2023, the draft amendment to the Criminal Procedure Code for delimiting the competencies between NAC and APO. On 14 April 2023, the Parliament adopted the draft law in its final reading. On 2 May 2023 the law was published and will enter into force on 2 August 2023. 

However, in the process of preparing the implementation of the delimitation of competences between the NAC and the APO, as well as the transfer of competences of corruption cases assigned to the competence of the MoIA subdivisions, the authorities have determined the need to revise the solution provided by the new law by keeping the prosecution of petty corruption cases within the competence of the NAC. Moreover, during the reference period, disagreements between the NAC and the APO were also identified in the public space regarding the mechanism of cooperation and the implementation of mandates for the investigation of corruption cases. In this context, the European Commission also recommended that the competences of the NAC and the APO should be clearly clarified to ensure effective investigation of high-level corruption. Thus, since June, the Ministry of Justice has initiated an inter-institutional working group to adjust the initial solution provided by the amending law by separating the powers of prosecution of corruption cases between the NAC and the APO and strengthening the capacities of the Anti-Corruption Prosecutor's Office.

Recommendations:

1. Complete the clear demarcation of the mandates of the APO and the NAC to ensure effective investigation of high-level corruption.

2. Revise the Organigramme of the Anti-Corruption Prosecutor's Office.

3. Develop and approve an Internal Regulation on the functioning of the Anticorruption Prosecutor's Office.

The draft law on the modification of the Criminal Procedure Code and of the Law no. 59/2012 on the special investigation activity was adopted in the first reading in the Parliament on 29 December 2022.  The draft law is to be revised and improved accordingly to transpose the recommendations of the Venice Commission in its opinion of 13 March 2023. 

The main goal of the modifications is a clear delimitation of the special investigation activities performed within a penal case or outside a penal case, consolidation of investigative capacities and improvement of the mechanism of control over the use of special investigative techniques for the protection of legitimate rights, interests and freedoms of the individuals against abusive and excessive actions on behalf of the state institutions.

The promotion and adoption of the legislative initiative is done in compliance with the provisions from Law no. 239/2008 on decision-making transparency. The draft law was subject to public consultations and was accompanied by the NAC's anticorruption expertise 

There is a deviation from the initially established deadline for this action (i.e., December 2022).

The existing legal framework  establishes the mechanism of whistleblowing in the public and private sectors, as well as a mechanism for illegal practices' reporting. National Anticorruption Centre and the People Advocate's Office are the public authorities responsible for reception of reports from whistle-blowers and for the insurance of their protection. However, the challenge is the insufficiency of personnel in the framework of these authorities who would be assigned competencies in this area. 

In February 2023, the staffing scheme of the People Advocate's Office was supplemented with new positions that have to be filled. Another constraint is the absence of a national authority responsible for the collection and analysis of data regarding denunciation of cases and protection of whistle-blowers. Although law no. 122/2018 prohibits reprisal against the whistle-blowers and stipulates a range of safeguards against disclosure of their identity, there is still a low level of trust, which is confirmed through a relatively small number of registered reports received from whistle-blowers. A range of important protection measures are missing, such as the legal aid and consultation provided by the state, compensation, medical and psychological assistance. Anonymous reports from whistle-blowers are not accepted.

The OECD Report from 2022 regarding the anti-corruption efforts in Moldova, presents an assessment of this area as part of the piloting of the fifth round of monitoring of the implementation of the Istanbul Action Plan by the Republic of Moldova.

In December 2022, the National Anticorruption Centre performed a Study on the unveiling of illegal practices, which represents a comparative analysis of international regulations and practices versus the situation in the Republic of Moldova. A draft law for the improvement of the legal framework on whistle-blower protection was developed by NAC and transmitted to the Ministry of Justice.  

On 9 March 2023, the draft law for the amendment of Law no. 122/2018 on whistle-blowers was published and the public consultations were initiated by the Ministry of Justice. The draft law was approved by the Government on March 29, 2023, and on 22 June 2023, the Parliament adopted the new law transposing the EU Directive 2019/1937 on the protection of whistleblowers.

The draft adopted in final reading is missing from the Parliament's website, which makes it difficult to check the degree of acceptance of stakeholders' proposals to improve the draft law in its final version.

Recommendations:

1.Align the national regulatory framework in line with the provisions of the new law on whistleblowers.

2.Public and private authorities with at least 50 employees shall establish channels for reporting and disclosing violations of the law and adopt internal acts of procedures. 

3.Strengthening of institutional capacities and resources of NAC and APO for the promotion of the mechanism of illegal practices disclosure and insurance of an effective protection of whistle-blowers.

Based on the provisions of art. 4 par. (1) lit. f) of Law no. 1104/2002, the National Anticorruption Centre (NAC) carries out an ample activity for the general analysis of the corruption phenomenon, as well as of specific cases of corruption and related offences. 

The objective of the analysis is to examine the key factors, potential threats and vulnerabilities, level and trends of corruption in different socio-economic areas in the Republic of Moldova, as well as in the activity of public authorities, institutions and organisations of public and private law. Annually, NAC performs strategic and operational analysis of the phenomenon of corruption and related offences. On average, during the previous years, NAC accomplished circa 350 operational analyses and circa 15 strategic analyses.

a. Between July-December 2022, NAC accomplished 178 operational analyses, the majority of them focusing on cases related to assets of the public persons compared to their income level, kinship and business relations, activity of business operators in the framework of public procurement procedures. In total, in 2022 there were accomplished 374 operational analyses.  From January to 16 June 2023, 117 operational analysis reports were completed.

b. In the context of conducting the strategic analysis, NAC assessed 117 convictions of 143 defendants for 243 corruption and corruption-related offences. The draft Strategic Analysis Report was prepared and presented at the NAC College on 28 April 2023. The final version of the Report is to be finalised. As of 30 June 2023 it has not been published.

In 2022 compared to 2021, in the respective area, the Anticorruption Prosecution Office registered a slight increase in number of cases initiated on corruption cases, as well as an increase in the share of cases investigated as a result of pro-active measures. Thus, in 2022 a total number of 238 of penal cases were initiated, including 74 corruption-related cases, out of which 65 initiated pro-actively, which represents a share of 88%. In 2021 a total number of 139 penal cases were initiated, including 64 on corruption-related offences, out of which 56 pro-actively, registering a share of 87%. The majority of penal cases in which the criminal investigation was accomplished by the AP, were initiated based on the notifications handled.

The Anticorruption Prosecution Office registered in 2022 a decreasing trend in number of cases initiated were it handled the criminal investigation. Thus, in 2022, AP led the criminal investigation in 234 corruption-related cases (from the total number of 485 initiated cases), out of which 193 initiated pro-actively, registering a share of 82%. In 2021 a total number of 418 corruption-related cases were initiated, with a registered share of pro-actively initiated cases similar to the one from 2022.

It must be mentioned that based on the analysis of statistical data from the AP reports for the last 5 years, there is noticed a decreasing trend in number of penal cases handled by AP by 10-15% annually. This is an indicator of an increased focus of the AP for the handling of criminal investigations for corruption-related cases mainly. A clearer delimitation of competencies between NAC and APO as well as the narrowing of the APO mandate to grand corruption cases will contribute to a decrease in number of cases handled by them, thus increasing the effectiveness of the Anticorruption Prosecution Office in accomplishing its key mission.

In addition, it must be mentioned that in 2022 there is registered a considerable increase in number of complaints settled by AP, from 270 in 2021 to 400 complaints in 2022. Similarly, there is an increase in the share of criminal cases initiated based on the complained handled by APO, from 51% in 2021 to 60% in 2022. Moreover, there was also registered an increase in the number of complaints lodged, from 294 in 2021 to 378 in 2022, which is an indicator of a slight increase of the level of public trust towards the Anticorruption Prosecution Office.

In the period 01.01.2023 - 15.06.2023, the APO initiated 38 criminal cases concerning corruption offences, of which 34 criminal cases were initiated pro-actively (89% - 34/38). While, NAC initiated under leadership of APO 158 criminal cases, of which 85 cases were initiated pro-actively (53.79% - 85/158). Compared to the same period of 2022, there is a decrease in the rate of pro-active initiation of prosecution in corruption cases under APO mandate, by 3 p.p. in the leading segment (1st half of 2022 - 91% - 52/57) and by 28.71 p.p. in cases initated by NAC under APO leadership (1st half of 2022 - 82.5% - 85/103). 

Thus, although a high rate of pro-active initiated criminal cases by APO is maintained, there is however a decrease in the rate of cases initiated by NAC under APO leadership. This tendency indicates a higher concentration of APO on high profile corruption cases.

In 2022, the Anticorruption Prosecution Office finalized the penal investigation with drafting of the indictment and sending to Court 19 corruption-related cases finalized per segment of cases in which the penal investigation was handled by APO, versus 67 initiated cases. As per cases led by APO, a total number of 148 cases were sent to Court out of 234 initiated cases. Thus, there was registered a total share of 54% (167/308), showing an increased efficiency compared to 2021, when the registered share was 38% (181/482).

It must be mentioned that, although per investigated cases the share of cases brought to Court is smaller in 2022 compared to 2021, the number of grand corruption related cases is growing (9 penal cases) in 2022. At the same time, in 2022 there was a bigger share of corruption cases investigated by APO, from 37% to 63%.

At the same time, there may be noticed a decrease in number of cases closed as unsettled, from 52,4% in 2021 to 40,8% in 2022. This also is related to the positive trend of APO focusing on settling the cases to make them ready for being brought to court.

In the period 01.01.2023 - 15.06.2023, APO sent to court 6 criminal cases within its mandate and 59 cases initiated by NAC. Compared to the same period, there is a slight decrease in the share of cases completed and sent to courts from 19.29% in 1st half of 2022 (11/57) to 15.78% in SI 2023 (6/38) cases under APO mandate, and from 72.81% in 1st half of 2023 (75/103) to 37.3% in 1st half of 2023 (59/158) of cases under NAC mandate and lead by APO.

In 2022, there was registered a slight increase in number of sentences issued in level one courts with the participation of AP per corruption and corruption-related cases. Thus, in 2022 there were pronounced 173 sentences of the court versus 167 cases brought to court, which represents a share of 103% in relation to pronounced sentences. Thus, we may see a slight increase in this share compared to 2021, when the recorded share was 98% (178 court sentences versus 181 cases brought to court). 

A relevant element showing the increased efficiency of APO in presenting their cases in courts of law, is an increased number and value of fines applied. Thus, in 2022, the value of fines applied amounts to 23,44 million lei, which is 2,8 higher compared to 2021 - 8,24 million lei in 2021. Moreover, in 2022 we registered an almost double increase in the amount of assets subject to special confiscation (more than 5,12 million lei in 2022, compared to 2,73 million lei in 2021).

According to the Anticorruption Prosecution Office, we may emphasize a range of key constraints related to the examination of cases in the courts of law and to the issuance of conviction sentences: a) purposeful delays in court hearings caused by the defence; b) failure to present evidence by witnesses in court hearings due to the legal limitations according to which there are no legal grounds for hearing witnesses remotely or for reading in court the declarations of witnesses or complainants in their absence, c) incorrect and unilateral appraisal by the courts of law of evidence collected in the framework of penal investigation; d) erroneous and non-uniform application of law by the courts. 

In the period 01.01.2023 - 15.06.2023 compared to the same period last year there is an increase in the number of criminal cases finalised with convictions in courts, i.e. 59 sentences issued. In the same period of 2022, 41 convictions were issued. This points to the prioritisation of APO's work on the representation of criminal cases in court by APO prosecutors in order to achieve finality on cases examined in court.

In 2022, NAC drafted 821 anticorruption expertise reports on draft normative acts, including 327 draft laws, 457 draft Governmental Decisions and 37 draft departmental acts. It must be mentioned that, after the generalization of the findings from the anti-corruption expertise of draft normative acts we see that out of the 327 drafts subject to expertise, 200 draft normative acts were initiated by members of the Parliament.

At the same time, as a result of meetings of the Government in 2022, in the framework of which 928 draft normative acts were adopted, NAC found that 25 draft normative acts were approved without an anticorruption expertise, representing 6,25 % from the total number of 528 drafts requiring anticorruption expertise, which actually shows a positive trend compared to 2021, when there was a share of 36% of normative acts adopted without having been subject to the anticorruption expertise by NAC.

During the 1st half of 2023, NAC reviewed 351 draft normative acts for anti-corruption expertise, including 11 remaining drafts from 2022 (i.e. 116 draft laws, 212 draft government decisions and 23 draft departmental acts). Of the 116 draft laws, 49 drafts were initiated by MPs and 67 drafts were submitted by the Government. 

In addition, between 1 January and 16 June 2023, NAC monitored 22 Government meetings, during which 373 drafts were approved. In this context, NAC informed that one draft legislative act was approved by the Government with circumvention of anti-corruption expertise (i.e. rate of 0.26%). In this respect, compared to the same period of 2022, there is a noticeable improvement in the degree of discipline of the Government regarding the approval of draft legislative acts accompanied by anti-corruption expertise. During Semester I, 2022, 15 out of 232 draft normative acts were approved by the Government with circumvention of anti-corruption expertise (i.e. 6.46% rate). 

At the same time, during the reporting period NAC issued 232 reports on draft legislation subject to anti-corruption expertise, which cumulatively included 254 recommendations on the exclusion of corruption risk factors. According to NAC, 54 of the 254 recommendations were not taken into account when adopted, representing a non-implementation rate of 21%. Compared to the same period of 2022, the non-implementation rate increased by 9 percentage points (first half of 2022 - 20 out of 168 recommendations on 184 pieces of legislation subject to anti-corruption expertise were not taken into consideration, i.e. 12%).

The Concept was presented and publicly debated in the framework of meetings held in the Ministry of Justice in December 2022 and January 2023. The process of drafting proposals for the modification of the regulatory framework was initiated. The Concept, that will be transposed through a framework law, was sent to the Venice Commission. 

We recommend organising additional public debates after the publication of the opinion of the Venice Commission 

In January 2023, the Ministry of Justice presented a draft law on the diminution of interests of oligarchic groups in the political, economic and media domains. The draft was sent for the endorsement of the state institutions and the opinion of Venice Commission was requested. 

In January 2023, the Ministry of Justice presented a bill regarding the reduction of oligarchic groups' interests in economic, political, and media life. The project was forwarded for approval to state institutions and the Venice Commission. On March 13, 2023, the Venice Commission issued a consultative opinion on the bill.

In general, the Venice Commission supported the objective set by the bill (the reduction or elimination of oligarchic influence). However, the Commission found that several measures proposed in the project could lead to violations of fundamental rights. The Commission also criticized the ambiguity of the criteria used to designate a person as an oligarch, as well as the broad discretionary power of the National De-oligarchization Committee, the collegial body tasked with special designation duties, citing a lack of proportionality in some proposed measures. The Venice Commission suggested that there might be less intrusive measures, for example, approving legislative changes in various areas to weaken the possibility of concentrating interests in the media sector or strengthening the rule of law institutions to effectively investigate potential abuses in the economy.

As a result, the authors of the initiative considered it wise to abandon this project in exchange for a consolidated action plan regarding de-oligarchization measures (see the section below).

On March 27, 2023, the Presidency of the Republic of Moldova initiated and presented, within the framework of the specially established group, a project of the action plan regarding the de-oligarchisation measures. The plan presented is not with reference to the de-oligarchisation bill but proposes to provide for systemic measures, aimed at strengthening the existing mechanisms. On March 28, 2023, i.e., just a day later - the public consultations of the concerned group took place on the premises of the Ministry of Justice.

Between April 13-23, 2023, the consolidated draft of the Plan was proposed for public consultation with all interested parties.

On June 13, 2023, the Venice Commission issued its opinion on the Action Plan regarding deoligarization measures. In general terms, the Commission welcomed the change of perspective of the national authorities to abandon the de-oligarchization bill and the inclusion of the systemic approach to the problem of de-oligarchization in the present plan. The Commission welcomed the inclusive process of involving many public authorities, but also representatives of civil society in the elaboration of the plan, as well as the priorities outlined within it. The Commission stated several proposals for building the system of de-oligarchisation actions, such as: the development of effective competition policies; strengthening the fight against high-level corruption; increasing transparency and accountability in public procurement; strengthening media pluralism and media ownership transparency; strengthening the anti-money laundering policy, including the transparency of legal entities; strengthening the rules regarding the financing of political parties and electoral campaigns; strengthening the independence and effectiveness of key regulatory and control authorities; assessing how different state institutions can better work together to prevent and eliminate the influence of "oligarchs" on political, economic and public life; It is also necessary to carry out periodic evaluations of the impact of these measures from the Action Plan.

On July 4, 2023, a working meeting was organized led by the President of the Republic of Moldova, regarding the Action Plan regarding de-oligarchization measures. During the meeting, the responsible institutions and the coordinating institution were reiterated and established, and the deadline for the implementation of the Plan of measures was proposed as September 2023. Likewise, the deadline of July 21 was set for all responsible institutions to develop additional actions, achievable in the short term (September 2023) and medium term (December 2023 - May 2024). The actions must target the subjects included in the Plan of measures and in the opinion of the Venice Commission.

Constraints: Although the action plan regarding the de-oligarchization measures is quite an important document in the process of initiating the accession negotiations, it still seems that there is no clear finalization of it and the authorities must apply maximum diligence for the implementation with its success.

On January 12, 2023, the Competition Council presented to the Ministry of Justice the "Analysis of relevant practices, mechanisms, and existing frameworks to reduce the negative impact of 'persons with substantial influence' (oligarchs) on markets" (not publicly available).

The Competition Council  announced that there was a European Commission/TAIEX workshop organised on 17-18 January 2023 on the topic: „Oligopolist markets, collective dominant position and identification of violations of competition requirements”. The objective of the workshop was to consolidate the capacities of the Competition Council and of ANRE (regulatory authority in energetics) in the analysis of oligopolist markets, establishment of collective dominant positions, distinguishing the parallel behaviour, identification of potential anticompetition practices and their differentiation.

On February 16-17, 2023, the TAIEX Workshop of the European Commission was held under the theme: "Indirect Control and Decisive Influence over Enterprises, Single Economic Entities, and Interaction with Interconnected Properties." The event gathered approximately 70 participants, including representatives from the Delegation of the European Union in the Republic of Moldova, competition authority experts from Croatia and Romania, experts from Ernst-Abbe University of Applied Sciences in Germany, representatives from the Competition Council of the Republic of Moldova, the Anti-Money Laundering Prevention and Combat Service, and the Organization for Entrepreneurial Development.

In the framework of the Central Electoral Commission (CEC) there was established a subdivision called Division for supervision and control on the financing of political parties and electoral campaigns (by CEC decision nr. 261 from 30.12.2022). Its mission is to contribute to the exercising of the CEC attributions in the area of monitoring, analysis, verification and control of financing of political parties and electoral campaigns. According to the organisational structure of CEC, the respective subdivision includes 8 personnel units. According to the information provided by the CEC, in June2023, 6 positions are filled, and competitions have been announced for the rest. Taking this aspect into account, we consider that the indicator related to the number of employees hired in the specialized subdivision has not been fully achieved.

Similarly, according to the CEC, a draft methodology for carrying out supervision and control over the financing of political parties and electoral campaigns was developed. However, this draft methodology has not been presented and has not been released to the public.

The Central Election Commission (CEC) has established interinstitutional collaboration with financial control authorities by connecting to the interoperability platform (MConnect), which provides access to key public databases. As a result, the CEC can obtain relevant information about individuals, legal entities, and their administrators from the Public Services Agency (ASP), National Health Insurance Company (CNAM), National Health Insurance Fund (CNAS), and State Fiscal Service (SFS).

The employees of the subdivision responsible for monitoring and controlling political party financing have gained access to the Automated Information System for recording contraventions, contravention cases, and individuals who have committed contraventions.

A series of training sessions have been organized for CEC employees to strengthen their capacities in the field of monitoring and control of political party financing and electoral campaigns.

CEC officials have received training on the policies and tools operated by Facebook (Meta) that regulate political and electoral advertising. Additionally, CEC employees participated in a workshop on "Investigations and Sanctions in the Process of Monitoring Political Financing," held in Prague, Czech Republic.

The required amendments were implemented through Law no. 303/2022 on the modification of the Code on media and audio-visual services. Entry into force of amendments - 18 November 2022.

a) According to the amendments, the Audio-visual Council (AC) is responsible for the collection of annual activity reports of media services' providers, further analysing them and deciding on their acceptance or rejection. The annual activity reports of media services' providers must be published on the official webpages of the AC and of the provider. 

A fine between 5000 and 10000 MDL will be imposed to media services providers and distributors in cases of failure to publish the activity reports for the previous year on their websites within 30 days from the moment of approval thereof by the AC.

The amendments also stipulate prohibition of usage of a third-party name by a legal entity that requires issuance of a broadcasting licence, or which has control over another legal entity that is holder of a broadcasting licence. The aim of this provision is to prevent the disguised media concentration. 

Providers and distributors are to submit their reports for the year 2022 by March 31, 2023. 

On June 30, 2023, the AC approved the analysis of the annual activity reports of television service providers for the year 2022. According to the AC analysis, 68 activity reports were presented for private television stations. Of these - 33 reports were approved, and for 34 reports a deadline was given for completing the data, including in the case of 3 suppliers, whose reports were rejected. Likewise, the AC analyzed 20 annual activity reports presented by radio stations and approved 15 of them, or 5 radio stations presented incomplete reports.

On July 6, from the total of 33 positions, which were requested to fill in the missing information from the annual activity reports, the AC approved 27 of them. The other reports were rejected, being incomplete, and the suppliers were fined 6,000 lei each.

b) For increased transparency, there was a special directory created on the official webpage of AC, called Transparency of ownership of media services.

In July, the AC published the analytical report for the year 2022. According to this analysis, it was found that the amendment of the audiovisual legislation from last year regarding the transparency of ownership and financing in the field and the measures taken by the CA in the reporting year and in 2023 contributed to the accountability media service providers related to information reporting. The financial situation of audiovisual media services in 2022 registered a negative trend, compared to the previous year, the number of media services that ended the reporting period with losses.

At the same time, the number of profitable media services decreased. Less than a third of audiovisual media services, which presented annual reports, declared that in 2022 they recorded 100% revenues exclusively from commercial audiovisual communications

c) Through the AC Decision no. 7 of 20 January 2023 a new template was approved for the Annual Activity Report of private providers of media services, while through the AC Decision no.8 of 20 January 2023 a new template was approved for the Annual Report of media services' distributors. 

Between April and July 2023, AC analyzed the annual activity reports of media service providers (TV and radio). The practice of approving, rejecting, and/or sanctioning TV stations has been stated above.

d) AC performed controls of Concepts of four media outlets: Prime, Publika, Canal 2 and Canal 3; NTV Moldova, Primul in Moldova, Accente TV and Exclusiv TV; RTR Moldova, Cinema 1 and Peh TV; Orhei TV and TV6. All of them were sanctioned for violations. The controls performed showed that the TV posts are organised in unofficial media groups, which leads to a reasonable suspicion of media concentration. Thus, AC notified on 4 October 2022 SIS, NAC and the Competition Council about the identified situation. For example, in February 2023 and April 2023, the AC sanctioned the Cinema 1 station for (repeated) infringement of its own concept, provided for in the broadcast license.

Additionally, the AC performed a market analysis on the audiovisual segment, approving on May 31, 2023, a register of audiovisual media services that are not within the jurisdiction of the Republic of Moldova. This is a first for AC, as more than 325 rebroadcast TV stations have been identified, which are recorded in 20 different countries.

e) During the period 23-24 January 2023, the representatives of the Competition Council and AC, as well as other experts in this area, both national and international, took part in an event on insuring the regime of legality of ownership, ownership transparency and financing in the audio-visual area. In the framework of the event there was presented the paper "Study of the legal regime of ownership, competition on the audio-visual and publicity market, system for the measurement of the TV audience TV and transparency of ownership and financing in the area of audio-visual in Moldova." The study was finalized and proposed a set of concrete recommendations/actions for CA and CC.

On March 31, 2023, the AC initiated the development of the draft Regulation on organizing the competition for selecting the specialized institution for audience share measurement during the period 2024-2029.

In April 2023, the AC organized public consultations on the draft Regulation, including the involvement of international consultants.

In the AC meeting of May 26, 2023, the draft document was sent to the Ministry of Justice for legal expertise. On July 14, 2023, the AC approved the document in question. According to it, the media service providers as beneficiaries of the audience and market share measurement system, will appoint 6 out of 9 members of the Competition Commission. Another 3 nominations will be submitted by advertising distributors.

We can note that thanks to the increased and proactive activity of the CA members and staff, the recent changes in the Audiovisual Media Services Code have begun to be successfully implemented.

a. The Competition Council created the Working Group for amending the legislation in the field of competition and state aid (Order No. 02 of 09.01.2023). During the reference period, 10 meetings of the mentioned Working Group were organized and held, aiming to develop and finalize proposals for amending the current legislation. According to the information provided by the Competition Council, the project will be submitted to the Ministry of Economic Development and Digitalization by the end of March 2023.
b. The Competition Council initiated the process of analyzing relevant international practices concerning legislative and practical aspects regarding the ordering and carrying out special investigative measures in criminal cases targeting the competition field.
c. The Competition Council has initiated several actions to establish cooperation with relevant national and international institutions (Poland, Czech Republic, Romania, Hungary, Slovakia, Ukraine).
d. In order to carry out an external evaluation, the Competition Council, with the support of the European Union Delegation in the Republic of Moldova, developed the Terms of Reference in February 2023, aimed at contracting 4 experts who will participate in the external evaluation.
 

Despite the Government's approval of the State Ownership Strategy GD 911/2022, on 25 May 2023, the Parliament approved, in final reading, the law on the administration of public roads, which takes decisions that are in contradiction with to the principles set out in the state ownership Strategy. 

The approved law contravenes the Strategy by: 

increasing the presence of the state in the economy;

eroding the central role of the Public Property Agency (PPA ) in the exercise of the ownership function;

 deciding to include 10 joint-stock companies with state capital and their assets in the list of assets that cannot be privatised outside the exercise of triage of SoEs on the basis of the ownership rationales.

After the resignation of the PPA management in November 2022, and until the 28th of June 2023, the institution was run by only one Director (out of 4), who could not manage effectively in the absence of specialised Deputy Directors. Around 30% of the PPA staff remains vacant and the agency’s turnover is extremely high, particularly among the heads of departments and their deputies. 

There is no progress in the implementation of the digitisation of activities within the APA and electronic record keeping of public assets through the development of an integrated GRP solution. The government decision approving the concept of the GRP like solution has not even been subject to public consultation. 

Although the methodology for the selection and nomination of the members of the boards of state-owned companies has been approved, to date, no board member has been nominated through the procedure laid down in it.

It remains valid that, although the approval of the strategy is an important milestone, only adherence to its principles and the implementation of the principles set out in this document can contribute to the reform of the SoEs’ sector.

The GD no 209/2023 approved the Regulation on the selection of candidates for the position of member of the BoD of SoEs, and conditions of their remuneration, while the GD no 210/2023 approved the Regulation on the selection of candidates for the position of member of the audit committee and audit commission of  SoEs and the conditions of their remuneration.

Regrettably, the approved regulations do not transpose OECD principles of good governance of SoEs. Their applicability is limited to independent members only. And given the optional nature of the inclusion of independent members in the SoEs’ board (the regulation approved by GD 209/2023 does not stipulate the need to include a minimum number of independent members in a SoE’s BoD), the regulation becomes almost sterile. 

The approved regulations do not change the status quo. Both the SoEs’ boards and the audit committees and audit commission of state-owned companies remain composed of appointed civil servants that are not even selected on a competitive basis. For them, appointment to the governing bodies of state-owned companies is seen as a salary supplement for their efforts as civil servants.

Even though both regulations provide for the possibility of a variable component of pay, it is not linked to the achievement of certain performance indicators. Moreover, the reward for the variable component of the salary does not take into account the individual performance of the BoD members but is decided as a fixed amount, distributed equally to all members depending on the time they have held this position (para 58 GD 209/2023).

The draft law approved by the Parliament in the first reading needs to be improved. To support the government’s efforts to amend the PPP regulatory framework, the local think-tank Expert-Grup has published an analytical note on the shortcomings of the draft law no 102 of 13.04.2023. The most important constraints of the draft law are:

• The PPP regulatory framework remains fragmented (PPP Law, Law on Concessions, Law on Industrial Parks, Law on the Mechanism for Reviewing Investments of State Security Importance, etc.).
• The PPP definition used in the draft law is not coherent with the World Bank one.
• The draft law consolidates the institutional partnership which raises the risk of circumventing the principles set out in the State Ownership Strategy and comes with numerous other risks.
• The draft law conditions the assistance to the PPP’s special purpose vehicle (SPV) in obtaining authorisations/ licences with the progress in the implementation of the PPP.
• The draft hinders the evaluation of bids in the process of selecting the private partner. The members of the evaluation commission will have to determine the "comparative advantage of the submitted bids" based on the criteria of "financial efficiency of the PPP project" and the "socio-economic effect of the implementation of the PPP project, calculated by taking into account the objectives defined in the strategic planning documents".
• It is proposed to allow the destruction of  all documents relating to the tender for the selection of the private partner after 5 years of archiving, making it almost impossible to investigate the correctness of the procedure for the selection of the private partner after 5 years.
• Government approval through a GD of the PPP draft contract may over-politicize the PPP, representing a significant bureaucratic barrier with no impact on the quality of the process.
• Although provided by the draft law, the unilateral amendment and termination of the PPP contract cannot be allowed.
• The draft provides for the possibility of terminating the contract due to the refusal of the private partner to allow state control to be carried out.
• The monitoring of the implementation of a PPP cannot be ad hoc (once a year), it must be a continuous activity. 
• The draft law must specify that the performance guarantee is a bank guarantee and not an insurance policy.
• The draft should not limit the performance guarantee to Moldovan banks only, but to allow the acceptance of a guarantee issued by any reputable bank that satisfies the public partner’s exigences. 

Amendments to Law no 121/2007 on the administration and privatization of public property, which will relax the conditions for the construction of real estate on land owned by the state, contradicts the declared intention of the authors of the draft law to exempt the construction of real estate from the circle of objects of a PPP.

On 23.09.2022 there was approved the Strategy for the development of the internal affairs domain for the years 2022-2030 through the Governmental Decision no. 658/2022 and it entered into force on 28.10.2022.

This strategy is developed taking into consideration the best practices in the strategic planning area, and it provides for a comprehensive coverage of all subdomains in the internal affairs domain. Thus, a common vision is established for the entire domain, with a tight inter-relation among the six subdomains of activity, as follows:

• -public order and security;
• -prevention and combating of crime;
• -border management;
• -migration and asylum;
• -civil protection and exceptional situations;
• -professional training, integrity and digitalization.
•  

For each of these subdomains, the Strategy establishes a series of objectives that correspond to the EU's vision for implementing the security ecosystem. These are developed in the programs that detail how to achieve the objectives of the Strategy.

In the process of Strategy development, a process of extensive consultations was insured involving both the public authorities and the civil society. The draft was published on the webpage of the  Ministry of Internal Affairs and on the web portal particip.gov.md. Besides that, there were also consultations organised with the representatives of the specialized commissions from the Parliament, development partners and representatives of civil society organisations holding expertise in the respective area.

Approved programs for the operationalization of the Strategy are:

• Integrated State Border Management Program for the years 2022-2025, approved by Government Decision no. 792/2022;
• Program on Managing Migration Flows, Asylum, and Integration of Foreigners for the years 2022-2025, approved by Government Decision no. 808/2022;
• Emergency Situations Prevention and Management Program for the years 2022-2025, approved by Government Decision no. 846/2022;
• Crime Prevention and Combat Program for the years 2022-2025, approved by --Government Decision no. 948/2022;
• Public Order and Security Program for the years 2022-2025, approved by Government Decision no. 913/2022;

Program for Consolidating Trust and Safety in Society through Professional Training, -Integrity, and Digitalization of the Internal Affairs System for the years 2022-2025, approved by Government Decision no. 947/2022.

On 23 December 2022, the  Ministry of Economic Development and Digitisation published on its official webpage me.gov.md and on the platform particip.gov.md an announcement on the initiation of the process of working on a draft law, also attaching the results of the impact analysis and the preliminary draft of the law.

At the same time, on 20 January 2023, the  Ministry of Economic Development and Digitisation published a draft Governmental Decision for the approval of the draft law on cyber security on both the webpage of the Ministry of Economy and on the consultation platform particip.gov.md. The Government approved the draft law on March 7th, 2023, and on March 16th, 2023, it was adopted in both readings in Parliament. It should be noted that at the time of adoption, several opinions were missing, which were to be issued in Parliament, especially the opinion of the Legal Committee, Appointments and Immunities, and the Legal Directorate.

At the same time, on 28 April 2023, Law No 48/2023 on cyber security was published in the Official Gazette. It should be noted that according to the final and transitional provisions, it is to enter into force on 1 January 2025, which means that although the law is adopted and published, the indicator set in this action plan is not reached.

In addition, before the entry into force of this Law, the Government is to take a number of actions, including the designation of the competent authority in the cyber field and the submission of proposals for the adjustment of the related legislative framework.

The law includes regulations that, from the point of view of harmonization of domestic legislation to the European legislation aim at achieving the general objective of transposing the NIS2 Directive. However, the draft law will only ensure partial harmonisation, mainly setting the primary legal grounds for future actions of one-time or permanent effect. That will further allow for a transposition of the NIS2 Directive in a bigger or smaller level.

Among the most important provisions of the draft law the following should be mentioned:

• designation of a competent authority in the area of cyber security, that will also exercise the function of a single contact point at the national level;
• training on potential cyber security incidents (CSIRT) for a response team assigned with competencies at the national level, ensuring its recognition at the international level, especially at the European level;
• defining the general strategic and operational framework for the coordination and cooperation between the public and private sectors in the area of cyber security;
• establishing the mandatory requirement for the implementation of security measures by entities providing critical services for the functioning of the economy and society, in order to insure the attainment of a minimal common level of security of informational networks and systems as well as of services' resilience;
• establishment of a mandatory mechanism for reporting significant cybersecurity related incidents by service providers and by other legal entities who are not service providers;
• creation and insurance of an adequate functioning of efficient cooperation mechanisms at both national and international levels;
• development of high-quality response capacities for significant incidents that might have a considerable impact or incidents that have the potential of significant harm being caused.

Regarding the EU regional platform in the area of internal affairs, we should mention that it is already functional, with several meetings being held on this platform starting in the second half of 2022.

As for the entry into force of the Concept on the reporting mechanism in cases of sexual abuse, it was approved via the General Police Inspectorate Order no. 480 of 29 December 2022.

At the same time, it must be mentioned that it was not published neither on the webpage of the General Police Inspectorate nor of the Ministry of Internal Affairs. At the same time, in the context of reporting to the European Commission, the relevance of this document in fulfilling the commitment to combat organized crime will be further examined.

In September 2022, the General Police Inspectorate established the National Contact Point for Weapons and Munitions. It mainly refers to the institutionalization of the concept and development of a data management system regarding the smuggled or illegally held weapons. The Ministry of Internal Affairs took part in the project EMPACT and in the process of war in Ukraine impact assessment.

Regarding the results of participation in the Task Force on online information exchange on the registration of cases or phenomena of involvement of Ukrainian refugees in criminal activities, as well as providing analytical support, capacity building in risk analysis, strategic and operational analysis for better protection of refugees in Ukraine, especially women and children, the following results are to be noted:

 - Participation of employees of the National Investigation Inspectorate and the General Inspectorate of Border Police in the annual meeting of experts of the EUROPOL Core International Crimes Analysis Project on 09.03.2023, with the aim of intensifying efforts to conduct investigations into the commission of war crimes in Ukraine.

- On 24.03.2023, in Chisinau, the International Conference on Illicit Trafficking of Goods in Southeast Europe was held;

-  On 02-05 April 2023 in Lyon, France, held the Ukraine-Moldova Working Group Meeting on Organized Crime with the support of INTERPOL ICPO; 

- Participation of employees of the Ministry of Internal Affairs in several activities for capacity building of risk analysis, strategic and operational analysis. 

In addition, members of the Ministry of Interior were involved in operational activities in the framework of EMPACT Europol.

As for the number of information requests sent, for which an answer was received, the results are as follows:

-Interpol - 1657;

-Europol - 429;

-SELEC - 14.

As for the number of information requests received, for which an answer was sent, the results are as follows:

-Interpol - 355

-Europol - 81

As for the number of investigations, during the previous months there were several joint investigations performed under the umbrella of INTERPOL, SELEC, etc. (ex: JI ESCAM,  JI MIRAGE, Operations GRIZZY, etc).

As for the number of common analyses, we should mention the launching of the Joint Operation „Moldova 2023”, an operational activity organised in line with the provisions of the Status Agreement between the Republic of Moldova and the European Union regarding the operational activities accomplished by FRONTEX. 

The general objectives of the Joint Operation "Moldova 2023" are:

• Support for the third states in the process of border control and migration management, including prevention, detection and combating of transborder criminality;
• Improvement of the process of operational Information collection and exchange for the development of an up-to-date situational picture and for the identification of potential risks and threats;
•  
• Improvement of operational cooperation;
• Provision of support to third states, including Integration of relevant research and innovation activities.

During the time period August - December 2022, in relation to 9 penal cases there were performed 9 forensic-informational analyses, out of which 7 were performed in the first quarter of 2022. 

Between January and May 2023, 14 criminal intelligence analyses were carried out on 16 criminal cases, almost twice as many as in the last 5 months of 2022.

At the same time, between January-May 2023 informational support was provided for 44 penal cases by presenting 60 reports that include information both from closed and open informational systems,  being registered with 10 more criminal cases and 5 more intelligence reports than in the last 5 months of 2022.. 

In relation to the placement of cells/antennae of mobile telephony covering the scene of crime, in the first 5 months of the 2023, per 5 penal cases there were issued 6 reports,  being almost double that of the last 5 months of 2022.

An average of 12 parallel financial investigations were active during the first 5 months of 2023, compared to 5 parallel financial investigations during the last 5 months of 2022.

In 2022, there were initiated 80 letters rogatory, compared to 77 letters rogatory in 2021, by authorities from other states such as Italy, Estonia, Germany, Romania, Czech Republic, Slovenia, France, Austria, Poland, Latvia, Sweden, Bulgaria, Greece, Israel, Ukraine, Serbia, Turkey, Kazakhstan, Seychelles, Hong Kong, Russian Federation etc., per cases related to human trafficking, organisation of illegal migration, money laundering, contraband, embezzlement in different forms, illegal crossing of state borders, sex crimes, premeditated homicide, etc. 29 letters rogatory from the total number of 80 handled during the year, are dating from the last quarter  of 2022.

At the same time, during the first 5 months of 2023, 22 requests for letters rogatory were registered, of which 8 in the first quarter of the year, substantially less than the last quarter of 2022.

At the same time, 14 requests for letters rogatory were registered in April-May 2023, showing a positive dynamic compared to the first quarter of the year.

Also in 2022, PCCOCS in relation to its mandate for combating organised crime received 30 mutual legal assistance requests in penal cases, (in 2021 – 53) from other countries' authorities, such as Netherlands, Belgium, Sweden, Portugal, Hungary, Germany, Italy, Bulgaria, Romania, France, Poland, Montenegro, Turkey, Switzerland, United States, Kazakhstan etc, per cases related to the investigation of money laundering, drug trafficking, human trafficking, organisation of illegal migration, cybercrime, contraband etc.

The Cybercrime Investigation Directorate from the General Police Inspectorate strengthened its capacities through the personnel training and exchange of experience at the national and international levels. The employees from the Directorate took part in various events for the consolidation of their operational and strategic capacities for the prevention and combating of cybercrime.

Employees of the Ministry of Internal Affairs, during the reporting period, were involved in operational activities within EMPACT Europol.

 Based on the legislative initiative of the President of the Republic of Moldova, presented on February 1, 2022, on July 21, 2022, the Parliament adopted legislative changes to the Code of Criminal Procedure, the Penal Code, and the Execution Code, which entered into force on August 5, 2022. The amendments were made in order to implement an expanded system of confiscation. Through this draft law there were introduced amendments to the Penal Procedure Code, Penal Code and to the Execution Code, for the implementation of the system of extended confiscation. Due to these legislative changes, it will be possible to confiscate the assets transferred by the convict to third parties for avoidance of confiscation, as well as to confiscate assets in the absence of the accused person, if the accused is dead or doesn't show up in court. Extended confiscation will be applicable in cases when the value of assets acquired by the convict exceeds the amount equivalent to 20 medium salaries per economy, versus the legally acquired assets and when the convict is unable to present evidence that the respective assets were acquired by other means than the illegal ones.

At the same time, it should be noted that the draft law did not go through a broad consultation process and was not accompanied by an impact assessment. Moreover, at the stage of the approval of this Plan the Law was already approved.

On 10 March 2022, the Constitutional Court adopted the Decision no.7 of 10.03.2022, revising hereby the Constitutional Court Decision no. 21 of 20 October 2011 regarding the interpretation of art. 46 par. (3) from the Constitution and the Constitutional Court Decision no. 6 of 16 April 2015 on the constitutionality control of certain provisions from the Penal Code and the Penal Procedure Code.

On 15 March 2022, the Constitutional Court issued the Opinion no. 1 of 15 March 2022 regarding the draft law on the modification of art. 46 from the Constitution (presumption on the licit origin of assets acquired by persons exercising public functions).

Thus, for the accomplishment of legislative changes with the observance of decisions and recommendation of Constitutional Court, the Ministry of Justice initiated the process of creating a normative framework that would allow civil confiscation of illegally acquired assets. This normative framework will set a difference between persons in public positions and other individuals, for the assumption of legality of their assets' acquisition.

At the same time, on 20 June 2023, the Ministry of Justice held a first public consultation in which a concept for a civil forfeiture mechanism was discussed.

Until now no draft normative act was published in this regard.

In 2022 there was developed the Programme for recovery of proceeds of crime for the years 2023-2027 and the draft Action Plan for the implementation of the National Programme for recovery of proceeds of crime for the years 2023-2027, due to the creation of a dedicated working group. The development of the programme and of the action plan was accomplished via a large participation of the public authorities that have an active role in the recovery of proceeds of crime, of the representatives of the Parliament, Government, EU experts in the area of fighting against corruption and money laundering and proceeds of crime recovery. These performed a rigorous evaluation of critical issues related to recovery of proceeds of crime. The civil society organisations were also involved in the drafting process.

The drafts of the programme and of the action plan were published on the web page of the National Anticorruption Centre.

On 15 December 2022, these policy documents were approved by the Parliament, and published in Monitorul Oficial on 20 January 2023.

The programme aims at the attainment of two general objectives as stated below:

• Consolidation of the national system for recovery of proceeds of crime In lined with the international standards and with the EU requirements;
• Raising the level of transparency, expertise and integrity in the process of recovery of proceeds of crime.

The draft law for the modification of certain normative acts that aim at the modification of the Law no. 308/2017 on prevention and combating of money laundering and terrorism financing, Law no. 75/2020 on the procedure of ascertainment of money-laundering and terrorism financing offences and the procedure of sanctions' application,  of the Execution Code of the Republic of Moldova no. 443/2004 and of Law no. 62/2008 on currency regulation, was  developed by the Office for Prevention and Combating of Money Laundering and promoted in the Parliament by a group of MPs on 24.11.2022.

Besides, there were two public consultations organised on the platform of the Commission for national security, defence and public order (on 12.10.2022 and 21.11.2022) with the participation of representatives of public authorities and civil society.

The draft was approved in the first reading on 22 December 2022 and in the final reading on 30 March 2023, being published in the Official Journal on 11 May 2023 and entering into force on 1 July 2023.

The key provisions of the draft law refer to the modification and completion of legislative framework in the area of prevention and fighting against money laundering through the insertion of new articles, as well as by including additions and clarifications to the existing legal provisions, including the definitions for the notions "virtual currency", "virtual currency service provider", "reporting entities" and "juridical construction". There are also modifications regarding the concept of reporting entities, which was supplemented with new categories of entities, and regarding the regulation of non-banking loans' provision activities.

Following the adoption and publication of the amended Law on the Prevention and Combating of Money Laundering and Terrorist Financing, the Money Laundering Prevention and Combating Service has started the exercise of drafting secondary legislation. According to the provisions of Law No. 66/2023 approving the amendments to Law No. 308/2017 on preventing and combating money laundering and terrorist financing, the authorities have 6 months from the date of publication of the Law (11 May 2023) to bring the legislation in line with the new legal provisions.

In the absence of an OECD/SIGMA functional analysis of the public administration, which has not yet been made public, it is not possible to objectively assess the extent to which changes in the structure of ministries cover their functional vulnerabilities.

On the 22.06.2023, the Parliament approved Law no. 168 which, by derogation from the provisions of par (1) of the Law on the State Budget for 2023, establishes an increase of approximately 1/3 of the reference value of the salary for the staff of line ministries, the State Chancellery  , significantly increases the salary for persons of public dignity (Ministries),  and for persons from the cabinet of the Minister, as well as for Secretaries of State. The salary increases will contribute to the capacity building of central government authorities with policy-making powers. 

However, the changes made to the state budget law do not cover local government authorities, and the pay gap between CPA and LPA level officials is widening. It should also be noted that the salary increases introduced do not concern implementing agencies subordinated to CPA  In these circumstances, we could see a migration of qualified staff from implementing units to ministries with an associated risk of affecting the performance of implementing units such as the Public Property Agency, the Naval Agency, the Agency for Technical Supervision and many others.

The salary reform should be extended to employees from the implementing agencies and LPAs.

According to the information provided by the State Chancellery, the 32 public services have been digitised and are accessible on the government e-services platform. However, the 63 Unified Public Service Delivery Centres (CUPS) are not yet operational. For their operationalisation, the decisions of the local authorities on the establishment of the CUPS have been received and, subsequently, the procurement procedures for the provision of furniture and technical equipment have been launched. Once they are, the CUPS will be operational and provide services. In addition to the 65 localities already selected, the decision taken jointly by the e-Government Agency and the State Chancellery included in the list another 18 localities where unified centres for the provision of public services will be established.

The GD no 126/2023 enacted the Strategy for the Reform of Public Administration in the Republic of Moldova for the years 2023-2030, and on June the 7th 2023 through  the GD no 352 the Government approved the Programme for the implementation of the Strategy for the Reform of Public Administration. 

Another important achievement in public administration reform is the creation of the primary regulatory framework necessary for the voluntary amalgamation foreseen by the Public Administration Reform Strategy. On the 25th of May 2023, the Government approved GD no. 304 and GD no. 305 "for the approval of the draft law on voluntary amalgamation" and the "draft law for the amendment of several legislative acts related to the draft law on voluntary amalgamation". If approved by Parliament, these laws will lay the foundations for the institutionalisation of the principles of voluntary amalgamation reflected in the Public Administration Reform Strategy. 

It is important to note here the methodical approach of the authorities, who intend to use the lessons learned from the voluntary amalgamation process for the upcoming regulatory amalgamation envisaged after 2026. Also, in the context of a possible regulatory amalgamation, it is important that in addition to encouraging voluntary amalgamation, the authorities allocate more funds and support for inter-community cooperation and the formation of Local Action Groups (GALs) established under the Leader programme.

The share of actions completed is estimated at around 60-70%. The following progress has been identified in implementing the recommendations of the revised Roadmap CG/MON(2021)18-04 on local and regional democracy in the Republic of Moldova, accomplished after the signing of the Roadmap (April 2021) and by the end of June 2023:

a) Continuing the local government reforms: evaluation of the implementation of the National Decentralization Strategy for 2012-2018; elaboration of the draft strategic document in the field of consolidation of local autonomy.

Status: Completed. An ex-post evaluation of the National Decentralisation Strategy for 2012-2018 was carried out. The results of the evaluation were taken into account in the drafting of the Public Administration Reform Strategy, approved on 15.03.2023, which contains provisions aimed at strengthening local autonomy. However, the decentralisation effort is undermined by some tendencies towards recentralisation, such as the shift of subordination of hospitals to the central government from LPAs.

b) Consultations and intergovernmental dialogue: strengthen a platform for communication and consultation of public policy options in the field of LPA; mandatory consultation of LPA representatives in the decision-making process by the CPA, which targets the competencies of the LPA.

Status: Completed. On 23.09.2022, Government Decision No. 652/2022 was approved containing provisions with reference to the revitalisation of the work of the Joint Commission for Decentralisation. Sectoral working groups for decentralisation were set up with the participation of CLAM representatives, where draft public policies were examined.

с) Revision and clarification of local powers and responsibilities: set up a group of experts in the State Chancellery that would discuss the necessary amendments to the legal framework; relaunch the consideration by the Parliament of the Republic of Moldova of the legal initiatives prepared by the joint working group, set up in 2015 by the national government and the ATU of Gagauzia.

Status: Partially completed. The issue of setting up a group of experts remained unaddressed. Within the working group, the draft Law No 375/2022 on the amendment of the Parliament's Rules of Procedure, was elaborated, voted in December 2022 in the final reading, in force since 20.02.2023, according to which draft normative acts concerning the status or powers of ATU Gagauzia will be submitted to the People's Assembly in Comrat for approval.

d) Allocate sufficient financial resources to local authorities: increase the stability of the participation that local authorities have in the collection of State taxes; transform the current block grants of the Environmental Protection Fund and the Energy Fund into general, unconditional grants.

Status: Partially completed. The issue of the National Environmental Fund and Energy Efficiency Fund grants remained unaddressed. In December 2022, the amendments to Law No 397/2003 on local public finance, in force since 01.01.2023, provided for the transfer of 100% of the road use tax to local budgets, as general-purpose funds. According to the fiscal policy proposals for 2024, the road use tax will also be applied to electric vehicles, which will increase the volume of financial resources of LPAs. In February 2022, by Law No 27/2022, the National Fund for Regional and Local Development was established. However, the financial autonomy and resources of LPAs remain limited. The programme for the implementation of the Public Administration Reform Strategy 2023-2026 foresees the achievement of the objective of improving the system of general transfers and increasing the volume of LPA own revenues by the end of 2026.

e) Increasing the fiscal capacity of local authorities: enabling local authorities to establish local taxes and their rates; clarifying the delimitation of municipal lands to allow their re-evaluation for tax purposes.

Status: Partially completed. According to Article 32 of the Law on Local Public Finance, LPAs decide on the enactment of local taxes and determine the size of their rates within the limits set by legislation. With the amendments to the fiscal policy for 2023, the maximum real estate tax rates have been abolished, with the right of LPAs to set specific rates every 3 years. At the same time, slow progress has been made on the Land Registration and Valuation Project, which provides support to LPAs in the process of property valuation and strengthening the land administration system. The programme for the implementation of the PARS 2023-2026 foresees the improvement of the local taxes and fees system by July 2024 and the completion of the process of delimitation of public property between the state and LPAs and the property cadastre by the end of 2026.

f) (1) Reform of legislation on local recall referendums: modify the present legal framework governing local recall referendums in the light of the Venice Commission’s Opinion on the recall of mayors; revise the legal provisions regulating the grounds for calling a local recall referendum;

(2) Reform of legislation on the position of mayor: modify the legislation so that a mayor is not able to change his/her political affiliation during his/her term; introduce legal safeguards to prevent the practice of frequent opening of criminal investigations against mayors and local elected representatives on unreasonable grounds and without substantial evidence.

Status: Partially completed. The period during which a recall referendum is prohibited has been increased from 6 months to 1 year (before the end of the term of office). To call the referendum, the initiative group will submit to the CEC a required number of collected signatures, the authenticity of which will be verified. The grounds for calling a local recall referendum have not been reformulated (they are formulated in the same way as in the previous version of the Election Code: "The recall of the mayor by referendum may be initiated if the mayor does not respect the interests of the local community, does not adequately exercise the duties of a local elected official provided by law, violates moral and ethical norms, facts confirmed in the established manner"). No changes have been made in the legislation to ensure that a mayor cannot change his/her political affiliation while in office or to introduce safeguards against the practice of opening criminal investigations on unjustified grounds. According to the PARS 2023-2026 implementation programme, the amendment of the legal framework governing local referendums to recall mayors is due to be completed in July 2024.

g) Enhancing the managerial capacity of local authorities: review the remuneration system for local government employees, agree on a multi-year timeframe to gradually reduce the current gap existing between the pay of the central government civil service and local government staff; agree on a comprehensive programme of tailored training courses, capacity-building programmes and activities specifically designed for local government employees.

Status: Partially completed. In November 2022, amendments were made to Law No 436/2006 on LPAs, according to which a monthly allowance for LPA staff was established, to be set annually by local councils, not exceeding 40% of the base salary. According to Law No 270/2018 on the unitary system of salaries in the budgetary sector, the staff of merged LPAs will be paid a bonus for institutional capacity building. Via the Institute of Public Administration and the Centre for Information Technology in Finance, training courses are conducted for public employees, including those from LPAs. However, no comprehensive training programme specifically designed for LPA staff has been developed.

The Regulation on low-value public procurement was approved by the Government Decision no. 870 of 14.12.2022, in force since 01.07.2023. The regulation was developed to transpose the updates made to the Law no. 131/2015 on public procurement as well as to ensure consistency with the provisions of Law no. 74/2020 on procurement in the area of energy, water, transport, and postal services. As a result of recent changes to Law no. 131/2015, the value thresholds for the application of the provisions of the law were considerably increased, thus affecting the transparency of the process of awarding low-value contracts. Thus, the Regulation on low-value public procurement establishes the manner of carrying out public procurement of a value below the thresholds set in Law no. 131/2015 and Law no. 74/2020.

The regulation sets the obligation of the contracting authority to ensure the transparency, objectivity and impartiality of the public procurement process. To that end, the contracting authority is obliged to carry out low-value public procurements via the automated information system "State Registry of Public Procurement" (AIS “SRPP”). At the procurement initiation stage, the contracting authority publishes a standardized call for bids in AIS “SRPP”. The contracting authority is obliged to provide a clear, complete, unambiguous and prompt answer to any clarification request from business operators.

The business operator interested in taking part in the procurement prepares a bid and submits it via the AIS “SRPP”. Upon expiry of the deadline for the submission of bids, all received bids are automatically published in AIS “SRPP”. The information about the results of the procurement process is published by announcing the winning business operator in AIS “SRPP”. In case of rejected bids or disqualified bidders the reasons for rejection/disqualification must be indicated.

The Government Decision was approved in line with the legislative creation procedures and in compliance with the provisions of Law no. 239/2008 on transparency in the decision-making process. The draft decision was subjected to legal, anticorruption and compatibility expertise.

The Regulation on public capital investment projects was approved by the Government Decision no. 684 of 29.09.2022, in force as of 21.10.2022. The Regulation was developed in line with the recommendations of experts from the technical assistance project "Support the Moldovan Government in identifying and preparing projects linked to the implementation of the Association Agreement" and the recommendations of IMF experts, expressed in the report on Public Investment Management Assessment (2019).

This Regulation is replacing the old Regulation on public capital investment, approved by the Government Decision no. 1029/2013 (abrogated). It provides the normative framework regarding national procedures in the area of public capital investment project management. According to the Regulation, the Ministry of Finance is responsible for establishing the eligibility of new public capital investment projects, based on the proposals presented by budgetary authorities. A working group (consisting of representatives of the Ministry of Finance) ensures the examination and confirmation of the eligibility of new capital investment projects to be included in the draft MTBF/law on state budget, based on the requirements established in annex no. 2 to the regulation and according to a scoring method.

The provisions of the regulation apply to all public capital investment projects, regardless of the source of financing, including projects financed from external sources and development funds, and regardless of the estimated cost of the projects (the provisions of the former regulation did not apply to projects with a cost below 5 million lei).

The draft Government Decision was approved in compliance with the legislative creation procedures, respecting the provisions of Law no. 239/2008 on transparency in the decision-making process.

The Public Finance Management Development Strategy 2023-2030 was approved by Government Decision No. 71 of 22.02.2023, in force since 07.03.2023. The "Medium-term State Debt Management Programme 2023-2025" was also approved by Government Decision No. 10 of 11.01.2023. According to the National Development Plan for 2023-2025, in the fourth quarter of 2023 the other instruments for the implementation of the strategy are to be developed and approved: the National Programme for the Development of the Public Procurement System 2023-2026 and the Internal Public Financial Control Development Programme for 2023-2026. As of end-June 2023, the concepts of the two programmes have been published for consultation.

In order to make sure that the Public Finance Management Development Strategy is evidence-based and grounded on principles of good governance, it was developed taking into consideration the findings from recent evaluations of progress achieved in the area of public finance reform and management. Thus, the ex-post evaluation of the previous Strategy on public finance management development (2013-2022) (SIGMA/MF, 2022) was accomplished, as well as the evaluation of public expenditures and financial responsibility  (World Bank, 2022). Likewise, the results of the public procurement system evaluation  (World Bank, 2021), evaluation of fiscal facilities (IMF/MF, 2022), of public investment management (IMF, 2019), of public debt management performance (World Bank, 2018) and of the tax administration system (IMF, 2022) etc. were considered.

The Strategy covers 7 key components (the most Important domains of public finance management), among which Component 1 "Macroeconomic analysis and macro-budgetary framework" addresses the requirement to ensure a process of budget development that is well-reasoned, evidence-based and stemming from solid forecasts. Strategy objectives include: improvement of macroeconomic and fiscal forecasts quality in order to make sure that the budget is developed based on a realistic macro budgetary framework, establishment of an adequate system of accounting and reporting in the budgetary sector, continuous development of the public finance management informational system, as well as making sure that public money is used in line with the principles of good governance.

On April 4, 2023, the Report on Ensuring Transparency in the Decision-Making Process by Central Public Administration Authorities for the year 2022 was published on the online portal of the State Chancellery.

There are no data published regarding the level and number of the civil society organisations involved in the process of public consultations and in the working groups at the level of the public authorities. 

The Parliament of the Republic of Moldova does not have its own system for the broadcasting of plenary sessions, the live transmission of which Is currently ensured by a media outlet from the private domain.

Similarly, due to the absence of such a system/mechanism, it is very complicated to monitor the law amendments proposed by the MPs, which reduces drastically the transparency of the decision-making process. 

In March 2023, the draft Government Decision approving the Framework Regulation for the establishment of Permanent Consultative Platforms within central public administration authorities was posted for public consultation on the particip.gov online portal.

On May 19, 2023, the State Chancellery organized public consultations on the mentioned draft, with the participation of 45 representatives from central public administration authorities and civil society organizations. The project entails the establishment of permanent consultative platforms (working groups) within central public administration authorities, where draft decisions/normative acts and policy documents with a significant public interest impact will be discussed. Representatives from civil society, academic circles, social partners, and other stakeholders will be able to participate.

Following the public consultations, it was decided to forgo the adoption of a new Government decision approving a framework regulation in favor of amending Government Decision No. 967/2016 regarding the public consultation mechanism with civil society in the decision-making process. 

During the Government meeting on June 28, 2023, Government Decision No. 967/2016 was appropriately modified. Consequently, as a result of the changes made, Government Decision No. 967/2016 will include Annex 2, titled "Regulation on the organization of the permanent consultative platform within the central public administration authority." This regulation stipulates the mandatory creation of consultative platforms alongside central public administration authorities to enhance the involvement of civil society in the decision-making process.

In this context, we conclude that although the legal framework for the operation of consultative platforms has been established, they are not yet functional. Therefore, the action has been implemented, but with minor shortcomings.

The framework Regulation 656/2022 regarding the mechanism of non-reimbursable financing for the projects run by organisations was approved by the Government on 23 September 2022. This Regulation entered into force as of 1 January 2023. The Regulation was developed in a participatory process, extensive public consultations having been organised starting back with 2020. The Regulation provides for modalities of direct financing for not-for-profit organisations, defined as financial support allocated from the public budget at the central or local level directly to a civil society organisation, amount reflected as budgetary expenses in the respective financial year. There are several forms of direct financing stipulated: state allocations /subsidies, project grants, service provision contracts. To access the financial support, the not-for-profit organisations must perform public-interest activities. 

Although the mechanism for non-reimbursable financing of non-profit organizations entered into force half a year ago, its impact cannot be assessed at this stage. As far as we understand, no funding authority (central and local public administration authority) would have established the Commission(s) for evaluation and selection of projects and respectively the non-commercial organizations that carry out public utility activity have not yet benefited from financial support through funding non-refundable for their projects under this Regulation. According to the authorities, the medium-term budget framework for 2023 was developed and approved, respectively, most of them did not have financial resources planned for these purposes.

In the period 16-31 December 2022, the State Chancellery subjected to public consultations the draft Report on ex-post evaluation of the Civil Society Development Strategy for 2018-2020 and the Action Plan for the Implementation of the Strategy.

According of the findings of this report, the actions from the plan were not performed systematically and continuously, the authorities being involved ad-hoc in certain processes, without the necessary resources being allocated for the organisation of an effective exercise of actions' implementation. Moreover, the objectives were not formulated based on the SMART principle, even though these reflect the final results planned by the authorities. 

The report includes a range of recommendations, such as: development of an intersectoral 3-5 year programme on civil society, development of other policy documents directly or indirectly related to civil society, which should be worked out In the framework of the Government through a large consultation process with the civil society and other relevant stakeholders; building the capacity of the State Chancellery for a better coordination and tighter corelation of the future policy interventions with the Mid-Term Budgetary Framework etc.

On May 2, 2023, the draft concept of the Civil Society Development Program for the period 2024-2027 was published for consultation by the State Chancellery. The purpose of the Program is to improve the state's cooperation mechanisms with civil society, to develop communication and coordination platforms, to diversify the funding sources of civil society organizations and to increase the capacities of the associative sector. The deadline for receiving proposals has been set - May 15, 2023.

On May 5, 2023, public consultations on the proposed Concept have already taken place on the platform of the State Chancellery.

During the meeting, attended by civil society representatives, it was mentioned that the adoption of the new policy document will be through a government decision; Calendar: development and finalization – May-July 2023; promotion – July-August 2023; and adoption – September 2023. Issues to be addressed: insufficient funding of civil society; improving the mechanism for redirecting 2% of income; increasing transparency in the decision-making process, through the active involvement of civil society; lack of effective consultation platforms between public authorities and civil society; removing administrative barriers in obtaining information of public interest. Regarding financing, the State Chancellery proposed the creation of a separate program in the Medium-Term Budgetary Framework (MBF) in the amount of 1.8 million MDL for the entire duration of the program.

On May 12, 2023, the concept was approved by the Inter-ministerial Committee for Strategic Planning.

On June 5, 2023, in order to develop, already the project of the Program for the Development of Civil Society Organizations for the period 2024-2027, including the related Action Plan, the State Chancellery invited civil society to participate in 3 working groups according to the objectives outlined in the concept: 1) Strengthening the cooperation mechanisms between central and local public authorities and civil society organizations and increasing transparency in policy formulation and decision-making. 2) Increasing the financial sustainability of civil society organizations. 3) Improving the capacities of civil society organizations in addressing social issues and promoting democratic values (e.g., advocacy, sectoral expertise, development of local coalitions, etc.).

On May 2, 2023, the draft resolution of the Parliament approving the Platform for Dialogue and Civic Participation in the Parliamentary Decision-Making Process was registered. Its purpose is to enhance the participation of civil society and other stakeholders, ensuring their broad involvement in the decision-making process and encouraging civic initiatives by citizens.

The Parliament Secretariat set a deadline until May 16, 2023, for the submission of written opinions on the matter.

On May 19, 2023, public hearings were held regarding the mentioned project, with the participation of deputies, representatives of the Parliament Secretariat, and civil society.

On June 9, 2023, through Parliament resolution no. 149, the Platform for Dialogue and Civic Participation in the Parliamentary Decision-Making Process was approved. The resolution was promulgated on June 15, 2023, and came into effect on June 20, 2023. Thus, the cooperation platform with civil society was launched, although its operationalization has not yet taken place.

On June 16, 2023, the Annual Conference "Cooperation between Parliament and Civil Society" took place, organized by the Parliament Secretariat and the European Union Delegation. The event was attended by the President of the Parliament, the Prime Minister, deputies, representatives of public authorities, diplomatic corps, development partners, as well as over 100 representatives of civil society. The discussions held during the conference focused on enhancing communication and cooperation between the government and the associative sector, as well as identifying best practices to increase transparency in the legislative and executive activities through the involvement of the nonprofit sector.

The draft law on the access to the information of public interest   stipulates an extension of the list of subjects considered to be information providers, er, establishment of a monitoring and control system regarding the implementation of the law.

By Government Decision No. 199 of April 12, 2023, the draft law was approved. On May 11, 2023, the project was voted in the first reading by the Parliament.

Throughout the month of May 2023, public consultations on the draft law were organized on the parliamentary platform (around 5-6 meetings). The overwhelming majority of proposals from civil society organizations and the media were considered. Thus, on June 9, Parliament approved the new law in its final reading. Six months from the day of publication in the Official Gazette, the document will enter into force.

The new law expanded the range of entities obliged to provide applicants with information of public interest, including in this category political parties, professional associations of professions in the justice sector, energy companies, legal entities under private law that provide public services, etc.

The current law gives providers 15 working days to resolve requests for access to information, as well as the possibility to extend this term by another 5 working days when the volume of information requested is very large or when additional consultations are needed to satisfy the request. According to the new normative act, the institutions will have 10 calendar days to provide the information, as well as the possibility to extend this term by 7 calendar days. 

In the same way, the data on disciplinary sanctions, studies, or remuneration of civil servants will be public. The new law also obliges the authorities to publish a series of information before it is requested by someone. It is about the data regarding the budget and management of the authority, the annual report, public procurement, business trips, the conduct of the decision-making process, etc.

Also, special provisions have been established regarding the examination and resolution of judicial cases regarding contesting the actions or inactions of information providers, which will ensure the speed and flexibility of judicial processes; The monitoring and control mechanism regarding the implementation of the law is constituted by the People's Advocate (Ombudsman) and the State Chancellery.

There is only one technical constraint. The progress indicator is "law entered into force" in June 2023. However, according to the final and transitional provisions, the law will enter into force 6 months from the day of publication in the Official Gazette.

The draft law for the adjustment of the normative framework in the area of non-discrimination and equality assurance was approved by the Parliament on 2 February 2023. 

Following the provisions of Law no. 239/2008 on transparency of decision-making, the draft law was published for consultations in the time period 3-17 May 2022.

The main adjustments of the current legal framework refer to:

• Adding of new discriminatory criteria - gender identity, marital status, sexual orientation, health condition, HIV status, wealth, origin at birth;
• Clarification of certain definitions and adding of new definitions: continuous discrimination long-lasting discrimination;
• Increasing the number of personnel units from 20 to 33 and establishment of the function of Secretary General for the improvement of organisational and administrative activities and alignment to the best practices implemented by other public authorities in the context of the central public administration reform;
• Supplementing the Contravention Code with two new contraventions: (I) harassment, (ii) victimization, as well as provision of the right to ascertain the commitment of certain contraventions stipulated in the contravention Code. 
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Besides that, we would further recommend amendment of the legal framework by adding the attributions of the Equality Council for the sanctioning of the acts of discrimination , offering the Council the power to address to the constitutional Court if certain legal provisions are deemed to be discriminatory. These reasonable proposals formulated by the Equality Council and supported by the civil society were not taken into consideration when the draft law was voted. The paradoxical situation at this point is that the Council has the attribution of ascertainment of the contraventions, it may not apply sanctions in such cases. This is a crucial competence in discrimination area, since the reversal of the burden of proof is an acknowledged standard in this area. Reversal of the burden of proof is impossible to be accomplished in the contravention judiciary procedure.

The draft law on the adjustment of the normative framework regarding the functioning of the People Advocate's Office was approved by the Parliament on 2 February 2023.  

In compliance with the provisions of Law no. 239/2008 on transparency of decision-making, the draft law was published for consultations on 10-23 December 2021.

The key adjustments of the currently applicable normative framework include the following:

• higher guarantees for the independence of the institution, limiting any interference in the degree and manner of PAO involvement in the resolution of the examined cases;
• Clarification of attributions and of the autonomous status of the People Advocate for Children's Rights, also in the relationships with the People Advocate with general competencies.

The draft law for the modification of certain normative acts on the protection of rights of victims in cases related to sex crimes and domestic violence was approved by the Parliament on 17 November 2022. 

In line with the provisions of Law no. 239/2008 regarding the transparency of decision-making, the draft law was published for consultations in the time period 18 March-1 April 2022. 

The key adjustments of the current normative framework include the following:

• Redefinition of the notion of rape and victim's consent, revision of the concept of unconsented sexual actions, so as to bring these provisions in line with the definitions included in the Istanbul Convention;
• Adjustment of certain articles from the Penal Code to the provisions of the Lanzarote Convention, including the alignment of these provisions to the new realia of the use of informational technologies;
• Inclusion of additional safeguards for the victims of crime regarding sexual inviolability, including for the victims of domestic violence, in order to ensure a balance between the aim of the penal proceedings and the observance of the victim's right to privacy;
• Provision of a possibility for the victim to be interviewed in special conditions regardless of its age;
• Establishing the possibility for the court of law to organise the interviewing of victims via videoconference or to allow interviewing of the alleged perpetrator in the absence of the victim, if requested;

Imposing the obligation of urgent judicial proceeding for cases of domestic violence and non-execution of the emergency restriction order.

The Government has approved the national Program for the prevention and combating of violence against women and domestic violence for the years 2023-2027.

The main objectives of the Program are:

• adopting zero tolerance towards all forms of violence against women and domestic violence;
• strengthening the protection and assistance mechanism for victims of violence against women and domestic violence;
• ensuring the effective investigation, prosecution, and adjudication of all forms of violence against women and domestic violence.
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The structure and the content of the programme generally is compliant with the provisions of the Regulation on the planning, development, approval, implementation, monitoring and evaluation of public policy documents, and consultations with interested parties were also organized.

The main objection concerns the lack of specific measurable objectives. This fact could generate certain difficulties in measuring, monitoring and evaluating the impact of the implemented actions.

The Government approved the Program on gender equality in the Republic of Moldova for the years 2023-2027 on April 12, 2023.

The key objectives of the programme are:

• Increasing the number of gender-mainstreaming initiatives;
• Increasing the number of local beneficiaries that promote equality between women and men;
• Improvement and extension of social assistance services;
• Empowerment of underrepresented women for becoming a plenary part of the decision-making process;
• Increasing the role of men in the gender equality promotion. 
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The first progress report on the implementation of the program will be prepared by March 31, 2024.

Between January 16 and February 3, 2023, the draft document was published on the particip.gov.md portal, and public consultations were organized with the participation of several interested parties. At the same time, the draft document was sent to the Center for the Harmonization of Legislation for expertise and drafting of the compatibility opinion.

The structure and the content of the programme generally is compliant with the provisions of the Regulation on the planning, development, approval, implementation, monitoring and evaluation of public policy documents. It is important to note that in the consultation process, public authorities improved the formulation of specific objectives, respecting the SMART principle. This fact will allow a better monitoring of the implementation of the actions.

The Government approved the National Program on Employment for the years 2022-2026 as well as the Action Plan for its implementation on 16 November 2022. 

The key objectives of the Programme are:

• Increasing the rate of women's participation on the labour market;
• Reduction of the informal occupation rate;
• Increasing the rate of occupation of persons with disabilities;
• Consolidation of institutional capacities of the National Employment Agency. 
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The structure and the content of the programme generally is compliant with the provisions of the Regulation on the planning, development, approval, implementation, monitoring and evaluation of public policy documents. the cost of all actions planned amounts to MDL 274 million, out which MDL 210 million shall be allocated from the state budget.

The Government approved the Program for the years 2023 - 2025 for the implementation of the Strategy for the consolidation of interethnic relations in the Republic of Moldova for the years 2017 - 2027 on April 29, 2023. 

During the time period 19 July-5 August 2022, the draft of the document was published on the web portal particip.gov.md for public consultations. 

The key objectives of the programme are:

• -Increasing the participation of minorities in the public life;
• -Raising the level of linguistic skills and promotion of knowledge of Romanian language;
• -Increasing the interactions between ethnic groups;
• -Increasing the access to information and programmes delivered in the minority languages.
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The structure and the content of the programme generally is compliant with the provisions of the Regulation on the planning, development, approval, implementation, monitoring and evaluation of public policy documents. The document includes all the relevant indicators for the monitoring and evaluation of the implementation. The cost of all actions planned amounts at MDL 2.2 million.

The Government approved the Program for the support of Roma population in the Republic of Moldova for the years 2022-2025 on 3 August 2022. 

During the time period 17 May-27 May 2022, the draft of the document was published on the web portal particip.gov.md for public consultations.

The key objectives of the Programme are:

• -Ensuring the representation and effective participation of Roma population in the public life;
• -Increasing the level of Roma population inclusion in the labour market;
• -Increasing the economic opportunities of the Roma population;
• -Consolidation of the community mediator status. 
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The structure and the content of the programme generally is compliant with the provisions of the Regulation on the planning, development, approval, implementation, monitoring and evaluation of public policy documents. The document includes all the relevant indicators for the monitoring and evaluation of the implementation. The cost of all actions planned amounts at MDL 14 million. 

Furthermore, according to the Government Decision approving the above mentioned program, the Ministry of Education and Research was responsible to prepare the annual progress report on the implementation of the document by March 1, 2023. However, up to this moment, the report has not been published and placed on the ministry's website.

The key challenge at this stage is the practical implementation of the programme provisions. Although the Agency for Interethnic Relations is the administrative authority that has the mandate for the implementation of state policies in the area of interethnic relations, this institution performs monitoring and evaluation for only one indicator (out of the 5 indicators established). In this context it is important to emphasize the inefficient dialogue and cooperation between the Ministry of Education and Research, that develops the policies in this area, and the Agency for Interethnic Relations that must implement these policies in practice.