Throughout the history, corruption has been one of the most widespread and insidious of social evils. In the Republic of Moldova, it has also been seen as a major threat since the country gained its independence. Over the years, there were many contributing factors that led to large-scale corruption, and other forms of economic crime like fraud and money laundering in the post-Soviet Moldova. Particularly important among those factors are the gaps in the legal frameworks, lack of genuine independence and capacity of oversight institutions and the absence of effective implementation of international standards against corruption and money laundering.

In its 4th Evaluation Round Interim Compliance Report, GRECO concludes that the Republic of Moldova has implemented satisfactorily or dealt with in a satisfactory manner only six of the eighteen recommendations contained in the Fourth Round Evaluation Report. Of the remaining recommendations, nine have been partly implemented and three have not been implemented. On 15-19 May, GRECO will hold the 5th evaluation visit in Moldova. In our monthly newsletter, we will tackle the anti-corruption measures and state of things in the Republic of Moldova jointly with national stakeholders.

Recently, the Council of Europe supported the development of Guidelines on the Implementation of the Codes of Conduct for prosecutors , in response to GRECO recommendations. Moreover, regular initial and in-service trainings of a practice-oriented nature have been organised on ethics and deontology for a growing number of prosecutors (including through the HELP platform). Finally, guidance to improve the system of disciplinary liability of prosecutors was provided, including advice for making operational the existing system for confidential counselling. However, the legal framework for this system remains to be strengthened. In your opinion, what can be done on both legal and practical levels to enhance the disciplinary liability of prosecutors?

Inga Furtună, Member of the Superior Council of Prosecutors:  The disciplinary legal regime applicable to prosecutors is, rightfully, a subject of constant interest, given the fact that its nature, extent and fairness guarantee functional stability. Thus, regarding disciplinary practice, greater attention is required to ensure that the rules governing disciplinary violations, as well as directly the stages of the disciplinary procedure, correspond to the principles of clarity and predictability.

Taking into account the recommendations of the monitoring mechanisms, including the Consultative Council of European Prosecutors, I believe that the adoption of a separate law, which would regulate the disciplinary liability of prosecutors, and implicitly the activity of the Prosecutorial Inspection, would be relevant. According to specialized standards, the criteria and procedures related to the disciplinary liability of prosecutors must be established at the highest level, i.e. by law. Nowdays, Law no. 3/2016 regarding the Prosecutor's Office contains provisions in the respective field, but these are of a general nature and are susceptible to misinterpretations.

I am convinced that the drafting and adoption of a separate law on the disciplinary liability of prosecutors (following the model of judges) can lead to the considerable improvement of the regulations in this field and is able to strengthen the entire normative framework of the reference field.

Also, it would be beneficial to carry out an extensive study of the disciplinary practice regarding prosecutors, in order to analyse both the typology of disciplinary violations, as well as the causes and conditions that generated their commission. The results of such methodological research can provide valuable input for the evolution of the normative and practical aspects concerning fthe disciplinary responsibility of prosecutors.

However, the improvement of the normative framework is not enough, because the accountability of prosecutors for the honest performance of their functions depends, to a decisive extent, on their internal persuasion, on the way in which they relate to their obligations. Accordingly, in a practical way, in addition to the existing trainings, round tables with the participation of prosecutors, lawyers, judges, the academic environment are needed for professional discussions related to deontology, social realities and the public interest paradigm, to give real efficiency to the commitment to respect human rights.

This area calls for a complex approach and continuous actions to enhance the responsibility of prosecutors by strengthening the normative framework, but also by raising the awareness of these professionals of their role and mission in society.

What is the added value of the Action against Corruption in the Republic of Moldova - Phase 2 in supporting national stakeholders to fulfil the GRECO recommendations and get ready for the 5th round of evaluation?

Nadejda Plamadeala, Senior Project Officer, Council of Europe: The “Action against Corruption in the Republic of Moldova” represents the second phase of the cooperation between the Council of Europe and the Bureau of International Narcotics and Law Enforcement Affairs (United States Department of State) aimed at consolidating the integrity and fight against corruption in the Republic of Moldova. The project was designed following the interest of the beneficiary authorities to continue technical assistance in the anti-corruption field an in addressing the recommendations provided by the Council of Europe’s anti-corruption body, Group of States against Corruption (GRECO).  Some of the areas where the project provides support are corruption risk assessment and management, design of integrity rules for persons entrusted with top executive functions, improving disciplinary procedures in respect to prosecutors as well as capacity development in these fields.

The added value of the project is reflected in the organizations’ continuous support to the Republic of Moldova towards the development of legal frameworks, reinforcement of national institutions’ capacities as well as promotion of good practices in line with the Council of Europe standards. The project’s intervention areas were identified taking into account decisions, resolutions, recommendations, conclusions of reports and opinions provided by the Council of Europe’s monitoring and advisory bodies. It also drew on the country’s anti-corruption reform priorities. In addition, it builds on the results of the previous phase of the project and on the expected results enshrined in the Council of Europe Action Plan for the Republic of Moldova (2021-2024).