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GRECO report on Moldova calls for improvement of
anti-bribery legislation and for stricter supervision of political funding
Strasbourg, 6 April 2011 – The
Council of Europe’s Group of States against Corruption (GRECO) today
published its Third Round Evaluation Report on Moldova, in which it
acknowledges improvements in the legislation to fight corruption and
regulate political funding, but concludes that improvements are needed to
combat bribery and calls for a stricter supervision and greater transparency
of political funding.
Regarding the criminalisation of corruption [theme I], GRECO notes the
measures taken with the aim of aligning the national legal framework with
the standards of the Council of Europe’s
Criminal Law Convention on
Corruption and its
Additional Protocol but it stresses that several
deficiencies remain which need to be addressed. In particular, the concept
of “persons holding positions of responsibility” used in the relevant
bribery provisions does not cover all civil servants and public employees
and does not ensure coverage of foreign and international public officials
or foreign jurors and arbitrators.
In addition, active and passive bribery offences in the public sector lack
consistency and clarity, and bribery in the private sector and trading in
influence are not fully addressed by the country’s legislation. There is
also a potential for misuse involved in the defence of ‘effective regret’,
which can be invoked when an offender reports a crime after its commission.
Concerning transparency of party funding [theme II], GRECO recognises that
Moldova has gradually introduced legislation on political funding which
incorporates many of the principles of
Recommendation Rec(2003)4 of the
Committee of Ministers of the Council of Europe on Common Rules against
Corruption in the Funding of Political Parties and Electoral Campaigns.
Nonetheless, there are still significant shortcomings in the legislation
and, above all, in practice, which are linked, for example, to the lack of
in-depth, proactive supervision and the very restrictive range of sanctions
– scarcely applied so far – for infringements of the rules on political
financing.
Moreover, GRECO calls upon the authorities of Moldova to increase the level
of disclosure obligations relating to ordinary party funding and to extend
the supervision of political finances to services provided in kind and to
entities related to a political party or under its control. GRECO also
welcomes the plan to introduce state aid for the regular financing of
political parties.
The report addresses 17 recommendations to Moldova. GRECO will assess the
implementation of these recommendations towards the end of 2012, through its
specific compliance procedure.
Link to the report:
Theme I on incriminations /
Theme II on Transparency of Party Funding