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Ref. DC 127(2016) Council of Europe calls on the Republic of Moldova to improve anti-corruption measures in respect of MPs, judges and prosecutors Strasbourg, 05.07.2016 – In a report published today, the Council of Europe’s anti-corruption body GRECO calls on the Republic of Moldova to improve and to ensure the effective implementation of anti-corruption legislation in respect of parliamentarians, judges and prosecutors. GRECO identifies as key problems the inconsistent application of anti-corruption laws and policies, and the weak capacities and lack of independence of the major institutions in charge of fighting corruption. Council of Europe Secretary General Thorbjørn Jagland said: “Important reforms are still needed in the Republic of Moldova to prevent and combat corruption. It is also crucial that positive developments, such as the new law on the prosecution service, be applied effectively”. In the report, GRECO points out that the National Integrity Commission, which is competent regarding integrity and conflicts of interest of Members of Parliament (MPs), judges and prosecutors, needs to be significantly strengthened, as it lacks the required powers and independence to carry out meaningful verification of the asset and interest statements submitted. The sanction regime also suffers from crucial flaws. GRECO acknowledges that positive steps have been taken in Parliament to enhance access to information regarding parliamentary work, but more needs to be done to ensure proper democratic debate, widen public participation in the legislative process and shed light on the interaction of parliamentarians with third parties. A code of conduct for parliamentarians needs to be adopted and integrity in the legislature promoted and enforced. The report also highlights that parliamentary immunity is a significant obstacle to bringing MPs suspected of corruption to justice. The report notes that there is a negative public perception of the judiciary in the country, and that determined action is necessary to rebuild public trust. GRECO stresses that the composition and operation of the Superior Council of Magistracy must be reviewed. Its decisions need to offer sufficient guarantees of objectivity and transparency, especially as regards the recruitment, promotion and disciplinary liability of judges. More needs to be done to make judges aware of ethics and integrity, and rules on gifts and other advantages need to be properly enforced. In addition, the accountability of judges for misconduct must be reinforced by reviewing the rules and practice regarding disciplinary liability. GRECO assesses positively the new Law on the Prosecution Service which will soon enter into force. It contains positive measures aimed at enhancing the autonomy and professionalism of prosecutors, at establishing a transparent and objective procedure for their recruitment and increasing the capacity of the Superior Council of Prosecutors. However, GRECO stresses that whether these goals are achieved or not will depend on how the law is implemented in practice. The report also calls for additional measures regarding instructions given to prosecutors and hierarchical interventions on cases, the composition and decisions of the Superior Council of Prosecutors and the disciplinary liability of prosecutors. Prosecutors also need to be made better aware of rules on ethics and integrity. Lastly, the reports underlines that as many aspects as possible of the new procedure for the appointment of the Prosecutor General need to be implemented under the current Constitution. The implementation of the 18 recommendations addressed to the Republic of Moldova will be assessed by GRECO in the first half of 2018 through its compliance procedure. *** The Group of States against Corruption (GRECO) is a Council of Europe body that aims to improve the capacity of its members to fight corruption by monitoring their compliance with the Organisation’s anti-corruption standards. It helps states to identify deficiencies in national anti-corruption policies, prompting the necessary legislative, institutional and practical reforms. Currently it comprises the 47 Council of Europe member states, Belarus and the United States of America. Contact : Jaime Rodriguez, Spokesperson/Media officer, Tel. +33 3 90 21 47 04 |
