CG/Bur (8) 95

Information report on the latest developments on the situation of local and regional democracy in Moldova

Rapporteurs: Mr Claude Casagrande (L, France) and Mr Yavuz Mildon (R, Turkey)

Document approved by the Bureau of the Congress on 12 December 2001

1. The Institutional Committee of the Congress, whose attention had been drawn in October 2001 by the associations representing local and regional authorities in Moldova to draft legislation reforming the current territorial organisation of Moldova to the detriment of the autonomy of local and regional representatives1, instructed the rapporteurs to travel to Chisinau to determine the facts.

2. During this visit, which took place on 29 and 30 October 2001, the rapporteurs were able to verify the claims made by the above-mentioned associations. In view of the gravity of the situation, the rapporteurs wish to draw the Bureau’s attention to the following information:

a) Following a proposal by the parliamentary committee responsible for public administration, the Moldovan parliament is currently discussing draft legislation designed to abolish the 10 regions set up between 1999 and 20002 and replace them by 32 districts that would be placed under the control of central government.

b) At the request of the CLRAE rapporteurs, Mr Iovv, Chair of the parliamentary committee in question, promised to officially consult the CLRAE on all draft legislation concerning the territorial organisation of Moldova and/or its system of local and regional self-government.

c) Instead of being consulted, the Congress Secretariat was informed in early December 2001 that the Moldovan government had given a positive opinion on the draft legislation prepared by the above-mentioned committee. It appears that this draft legislation has also already received the Parliament’s preliminary approval. Despite the promises made by the Moldovan authorities, the local and regional elected representatives concerned have not been officially consulted either. The Secretariat has also been informed that, following this reform, all mayors will be removed from office and new mayors elected by the municipal assemblies. It is understood that Parliament will vote on all of these changes before the end of 2001.

d) During 2001, the Moldovan parliament amended the law on local public administration so as to reduce the financial powers of local and regional authorities. The transfer to the prefect of any decision-making powers with regard to the expenditure of these authorities has, de jure and de facto, already deprived the local and regional authorities of any degree of autonomy.

e) Last but not least, the rapporteurs ascertained that the fears of the associations of local and regional authorities with regard to the holding of early local elections were well-founded. It appears that several possible dates are being discussed by central government with the aim of securing the election of new mayors with a more “positive” attitude to the current reform.

3. In view of the foregoing, the rapporteurs took the opportunity, during their visit, to inform the Moldovan authorities that they must respect the principles to which they committed themselves under the European Charter of Local Self-Government. They also drew the authorities’ attention to the importance of implementing the recommendations of the Congress concerning local and regional democracy.

In particular, the rapporteurs point out that the return to former districts (which had already been strongly criticised by the Congress) would constitute:

a) an institutional change that is contrary to the principles promoted by the Congress with regard to regional democracy, as set out in CLRAE Recommendations 38 (1998) and 84 (2000); in fact, it is about going back to a system similar to the one of the previous regime;

b) an opportunity to increase control over the mayors (who would no longer be directly elected by the population) and thus reduce the political, administrative and financial autonomy of the local authorities concerned3; this could lead to grave violations of the European Charter of Local Self-Government which the Republic of Moldova recently signed and ratified.

4. In conclusion, the rapporteurs pointed out that:

a) the need to bring government closer to the citizens and reduce the number of public officials – arguments used by the Moldovan government to justify the reform – should not be incompatible with democratic principles and European standards in such matters;

b) the fact that there were shortcomings in current legislation in this field was no reason to sweep away the present system, particularly since it had in the first place been established not without difficulty and with the political and financial support of the entire international community working in Moldova;

c) it was unacceptable that such a wide-ranging reform should be decided without genuine, open and official consultation of the parties concerned and implemented by early elections.

5. As the rapporteurs have not received any further information on the proposed territorial reform since their visit and as they are concerned at parliamentary decisions that appear to be incompatible with the above-mentioned principles and recommendations, they have decided to draw this situation to the attention of the Bureau of the Congress so that urgent measures can be taken.

6. The rapporteurs therefore wish to inform the Bureau that, with a view to preparing the second monitoring report on the situation of local and regional democracy in Moldova (to be presented to the Congress at its next Plenary Session in June 2002), they have already decided to make their next official visit to Moldova in January 2002.

1 See document CG/Inst (8) 7

2 The establishment of these regions was highly recommended by the Congress in Recommendation 84 (2000) and the international community working in Chisinau in general.

3 In this connection, Mr Iovv, Chair of the parliamentary committee that drafted the reform in question, expressly mentioned the need to re-establish a vertical hierarchy in the public administration of Moldova.