Scroll Top

Republic of Moldova: an x-ray of the rule of law

Photo source: Romania Libera/Marius Ghilezan

The Republic of Moldova obtained, together with Ukraine, the right to start the process of joining the European Union. For some observers, the association seems unfair, idealising the Chisinau regime, which would have taken serious steps in recent years to strengthen the rule of law. But, nevertheless, there are a number of dysfunctions designed to make the process of accession to the European Union for this Eastern European country more difficult. After Maia Sandu, a staunch pro-Westerner, won the presidential election in December 2020, her successive governments have failed to advance on the path of reform and the fulfillment of the Community Aquis. A European Commission report, published at the beginning of 2023, showed that the Republic of Moldova adopted fewer European laws than Ukraine or Georgia. The chapters with the biggest backlogs were: alignment of competition policy, public procurement, financial control, financial services, regional policies, environment, and climate change. Bureaucracy, unfair competition, and corruption are the biggest deterrents for entrepreneurs to participate in public procurement procedures, the report also claimed.

According to the analytical report of the European Commission, the government will have to negotiate 33 chapters with the representatives of the European Commission. The Republic of Moldova ranks 68th in the world in the “Rule of Law Index” for 2023, which measures the level at which 142 countries in the world adhere to democratic principles, carried out by the World Justice Project (WJP). Romania is in the 40th place. In her three-year mandate, Maia Sandu’s main achievement has been removing her country from international anonymity. Her moment of maximum visibility, when Joe Biden, in Warsaw, invited her on stage with him, was recorded by the entire mainstream press, with her country’s name trending on Google for several days. Contrary to the censorship imposed by the Zelenski regime, the Republic of Moldova has made a substantial leap in protecting freedom of expression. In the latest press freedom index, published in the spring of 2023 by the organisation Reporters Without Borders (RSF), the Republic of Moldova ranks 28th in the world, between Australia and Austria, ahead of many countries in the European Union, including its neighbour, viewed by some as a model, Romania. However, there were also objections. Recently, the state-owned Post Office increased by 400–60% the prices for the delivery of subscriptions to the printed press, tripling their price in one year. Several publications called on the government to intervene in the broadcasting monopoly action. The decision to increase the distribution fee for print media from almost 2 lei to about 6 lei is “a very big mistake,” claims a local journalist. The measure can lead to the reduction of the “strength of critical journalism” and the disappearance of some newspapers from the Republic of Moldova during the “non-stop informational war,” according to analyst Alina Radu. The Chisinau government banned a party from participating in the local elections in the fall of 2023. In addition, Prime Minister Dorin Răcean recently committed harsh interference with the justice system, accusing the magistrates of the Court of Appeal of being corrupted by criminal groups. The latter declared the government’s provisions forbidding the participation of the Şor party in the elections illegal. The Association of Judges from the Republic of Moldova (AJM) published a statement to express its “deep concern and disapproval” in the context of the public appearances of the prime minister. “Today, there are prosecutors and judges who have to be put in prison, but for that, you need other brave prosecutors and judges to take these measures,” said Dorin Recean in the “Shadow Cabinet” show on Jurnal TV. The action represents a serious attack on the independence of the judiciary. Anti-corruption and de-bureaucratization of public institutions are touchstones in future negotiations with EU member states. For over two months, the post of director of the National Anticorruption Centre (CNA), one of the most important institutions in the fight against corruption in the Republic of Moldova, has been vacant after the resignation of Iulian Rusu. Anti-corruption prosecutors handle a few cases. Parliament voted last month on the second package to reduce red tape in the tax and customs fields. Thus, it will be easier for entrepreneurs with tax deductions and cash registers regarding trips or current expenses. Compared to Ukraine, the Republic of Moldova respects the rights of minorities and religious freedom. In the 2020 presidential elections in the Diaspora, the pro-European candidate obtained more than 70% of the votes, which cannot be said about Volodymyr Zelensky. So, Maia Sandu enjoys a good reputation in the West. In essence, the Republic of Moldova can more easily fulfill the Copenhagen criteria for joining the European Union, first of all through Romania’s logistical and financial help and then through the government’s good intentions. Next year, there will be presidential elections. Maia Sandu’s party is, however, in crisis of leaders.

By Marius Ghilezan

Related Posts