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Call to the Parliament of Moldova to pass Draft Law No. 109 on Non-Commercial Organizations

Statement by Anna Rurka, President of the Conference of INGOs and Jeremy McBride, President of the Expert Council on NGO Law
Strasbourg 7 May 2020
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Call to the Parliament of Moldova to pass Draft Law No. 109 on Non-Commercial Organizations

"We are pleased to learn that the Parliament of the Republic of Moldova has now re-started the process of considering the draft Law No. 109 on Non-commercial organizations that was given a first reading in May 2018.

The draft Law, if adopted in its current version, would be a welcome improvement on the current regulation of non-profit legal entities, creating a single instrument governing all types of them and addressing a number of existing problems for them.

In particular, we are happy to see that provisions in the draft Law would:

Enable all individuals, whatever their citizenship or residence, to found and be members of associations, as well as to become their managers/leaders and members of their control bodies;

Extend to all types of legal entities the possibility of establishing associations;

Remove certain limitations on state officials belonging to associations or their control bodies; and

Restrict the scope for state officials to interfere in the internal operation of associations.

We consider that the provisions of the draft Law are in line with the European standards on freedom of association and that their adoption would facilitate the free exercise of this right in the Republic of Moldova. Moreover, the adoption of the draft Law would serve as a good example for other countries in the region.

In this connection, we would recall the importance underscored in Recommendation CM/Rec(2018)11 of the Committee of Ministers to all Council of Europe member States ensuring an enabling legal framework and a conducive political and public environment for civil society organisations, allowing them to freely carry out activities, on a legal basis, consistent with international law and standards, to strive for the protection and promotion of all human rights and fundamental freedoms.

The Conference of INGOs of the Council of Europe and its Expert Council on NGO Law hope that the draft Law can soon become law. We are ready to contribute our expertise should any further elaboration of the text adopted in May 2018 be considered necessary."

Anna Rurka, President of the Conference of INGOs

Jeremy McBride, President of the Expert Council on NGO Law