F

O
U
R
T
Adoption: 22 November 2024
Publication: 28 November 2024
Public
GrecoRC4(2024)13
H

E
V
FOURTH EVALUATION ROUND
A
L
Corruption prevention in respect of members of
parliament, judges and prosecutors U
A
T
I
THIRD INTERIM COMPLIANCE REPORT
O
REPUBLIC OF MOLDOVA
N

Adopted by GRECO at its 98th Plenary Meeting R

(Strasbourg, 18-22 November 2024)
O
U
N
Directorate General I
GRECO Secretariat
Council of Europe
F-67075 Strasbourg Cedex
www.coe.int/greco
Human Rights and Rule of Law
Directorate of Security, Integrity D
and Rule of Law
 +33 3 88 41 20 00
I. INTRODUCTION

1. The Fourth Round Evaluation Report on the Republic of Moldova was adopted at
GRECO’s 72nd Plenary Meeting (1 July 2016) and made public on 5 July 2016,
following authorisation by the Republic of Moldova. The Compliance Report was
adopted by GRECO at its 81st Plenary Meeting (on 7 December 2018) and made public
on 24 July 2019. The Second Compliance Report was adopted at the 85th Plenary
(21-25 September 2020) and made public on 13 October 2020. The Interim
Compliance Report was adopted at GRECO’s 89th Plenary Meeting (3 December 2021)
and made public on 9 February 2022.

2. In the Interim Compliance Report, GRECO concluded that only six of the eighteen
recommendations had been implemented and that the low level of compliance with
the recommendations was “globally unsatisfactory” within the meaning of Rule 31
revised, paragraph 8.3 of the Rules of Procedure. It therefore decided to apply
Rule 32, paragraph 2 (i) concerning members found not to be in compliance with the
recommendations contained in the mutual evaluation report.

3. In the Second Interim Report adopted by GRECO at its 93rd plenary meeting
(24 March 2023) and made public on 13 May 2023, GRECO maintained that the low
level of compliance with the recommendations remained “globally unsatisfactory”
within the meaning of Rule 31 revised, paragraph 8.3 of the Rules of Procedure.
GRECO continued to apply Rule 32, paragraph 2 (i) concerning members found not
to be in compliance with the recommendations contained in the mutual evaluation
report and asked the Head of delegation of the Republic of Moldova to provide a
report on the progress in implementing the outstanding recommendations. The
situation report was received on 31 May 2024 and served, together with information
submitted subsequently, as a basis for this Third Interim Report. In addition, in
accordance with Rule 32, paragraph 2, ii (b), GRECO invited the President of the
Statutory Committee to send a letter to the Permanent Representation of the
Republic of Moldova to the Council of Europe drawing the attention to the non-
compliance with the relevant recommendations and the need to take determined
action with a view to achieving tangible progress as soon as possible.

4. This Third Interim Compliance Report evaluates the progress made in implementing
the outstanding recommendations since the previous Second Interim Compliance
Report and provides an overall appraisal of the level of Moldova’s compliance with
these recommendations.

5. GRECO selected Azerbaijan and Portugal to appoint Rapporteurs for the compliance
procedure. The Rapporteurs appointed were Mr Elnur Musayev, on behalf of
Azerbaijan and Mr Antonio Delicado, on behalf of Portugal. They were assisted by
GRECO’s Secretariat in drawing up the Third Interim Compliance Report.

II. ANALYSIS

6. In its Fourth Round Evaluation Report, GRECO addressed 18 recommendations to the

Republic of Moldova. In the Second Interim Compliance Report, GRECO concluded
that six recommendations had been implemented satisfactorily or dealt with in a
satisfactory manner (namely, recommendations v, xi, xii, xiv, xvi and xvii), ten
recommendations partly implemented (namely, recommendations i, iv, vi, vii to x,
xiii, xv and xviii) and two recommendations not implemented (namely,
recommendations ii and iii). Compliance with the outstanding recommendations is
examined below.

2
Corruption prevention in respect of members of parliament

Recommendation i

7. GRECO recommended ensuring (i) that draft legislation, all amendments and all
supporting documents as required by law are published in a timely manner and
(ii) that adequate timeframes are followed to allow for meaningful public consultation
and parliamentary debate, including by ensuring that the emergency procedure is
applied only in exceptional and duly justified circumstances.

8. GRECO recalls that the recommendation was partly implemented in the previous
compliance report. The authorities had made efforts to publish amendments to draft
legislation on Parliament’s website. However, additional work was expected to fully
comply with the requirements of this recommendation, notably regarding the
updating of the website of Parliament, the operationality of e-Parliament and e-
Legislation portals, the organisation of meaningful public consultations and proper
consideration of the public’s contributions.

9. The authorities of the Republic of Moldova now report that, as regards the first part
of the recommendation, in 2023 Parliament has adopted 455 legislative acts:
318 laws, of which 175 amending laws, and 137 decisions. Between 1 January and
30 September 2024, Parliament has adopted 243 normative acts: 166 laws, of which
91 amending laws, and 77 decisions. All information, including draft laws, supporting
documents, consultations, information on parliamentary committees’ meetings, has
been published on parliament’s official website (www.parlament.md), and its
hearings have been streamed live1. The e-legislation portal is being tested with some
ministries and will be updated and rolled out based on the feedback received following
the testing period. However, a report prepared by a civil society organisation2 has
found that Parliament’s official website has remained complicated, outdated and has
not sufficiently reflected information of public interest. It has experienced technical
problems, which have lasted for hours.

10. As regards the second part, the authorities provide that between April 2023 and
October 2024, civil society organisations have made 181 contributions on draft
legislation. Parliament’s annual report on the transparency of decision-making in
20233 has stated that 168 contributions had been made, representing an increase
compared to 117 contributions in 2021 and 145 in 2022. Parliament’s standing
committees have organised a total of 195 events with civil society, namely 84 public
hearings, 14 working meetings, 14 working groups and 52 other events of public
interest. Furthermore, Parliament has adopted decision no. 149/2023 on establishing
a platform for dialogue and citizens’ participation in its decision-making process4, the
aim being to promote the contribution of civil society organisations.

11. Between April 2023 and September 2024, 105 drafts laws have been adopted under
the accelerated/fast-track procedure, 66 of which concerned ratification of
international agreements. A report by a civil society organisation5 shows that the
proportion of draft laws that have been publicly consulted has increased only by 7.6%
compared to the previous period. The transparency of the decision-making process
is still incomplete and, at certain stages, seriously compromised. (e.g. failure to
produce/publish documents relating to the consultation of citizens, but also with the
low rate of public consultation, particularly on initiatives by MPs).

1
Ședințele Parlamentului Republicii Moldova - YouTube, www.privesc.eu and Parlamentul Republicii Moldova |
Chisinau | Facebook
2
Summary-Report_2022-2023.pdf (promolex.md)
3
Raport privind transparența în procesul decizional (parlament.md)
4
https://www.legis.md/cautare/getResults?doc_id=137492&lang=ro
5
Summary-Report_2022-2023.pdf (promolex.md)

3
12. GRECO notes that, as regards the first part of the recommendation, the authorities
have taken reasonable steps to ensure that draft legislation is published in a timely
manner. While this process has been fraught with problems, as evidenced in a report
by a civil society organisation, the fact remains that the authorities’ efforts merit
acknowledgment. In these circumstances, this part of the recommendation has been
dealt with in a satisfactory manner, and GRECO anticipates that parliament will
continue to publish draft legislation in time and respond to findings from civil society
organisations. Regarding the second part, GRECO takes note of the authorities’
efforts in conducting public consultation of draft legislation and soliciting the public’s
views. However, the frequent use of accelerated/fast-track procedure for the
adoption of legislation, irrespective of its nature, is worrying. That hampers the
conduct of meaningful public consultation. Consequently, this part of the
recommendation remains partly implemented.

13. GRECO concludes that recommendation i remains partly implemented.

Recommendation ii

14. GRECO recommended (i) adopting a code of conduct for members of Parliament and
ensuring that the future code is made easily accessible to the public; (ii) establishing
a suitable mechanism within Parliament, both to promote the code and raise
awareness among its members on the standards expected of them, but also to
enforce such standards where necessary.

15. GRECO recalls that the recommendation was not implemented owing to the lack of
adoption of concrete measures.

16. The authorities now report that draft law no. 448 of 6 December 2023 on the Status,
Conduct and Ethics of the Members of Parliament 6 has been adopted at the first
reading in December 2023. It unifies all legal norms related to the legislative
procedure, organisation, functioning of the legislature and the Parliament’s
secretariat and provides clarity, taking into account parliamentary rules and the case-
law of the Constitutional Court. It contains provisions on, amongst other things,
incompatibilities, conflicts of interest and gifts. A committee on parliamentary ethics
and conduct will be set up to consider breaches of ethics. The committee may propose
one of the following sanctions: a warning, a call to order, prohibition from attending
plenary meetings, removal from parliament’s chamber, exclusion from parliamentary
committees, restriction to access confidential information. Sanctions will be imposed
by the president of the committee or parliament.

17. GRECO welcomes that a draft law on the conduct and ethics of parliamentarians has
been adopted at the first reading. A parliamentary committee will be set up to ensure
its enforcement. Pending its final adoption and entry into force, the draft law would
further benefit from introducing provisions regulating matters such as interaction
with, and disclosure of, contacts with third parties/lobbyists, post-employment
restrictions and practical guidance on its content, particularly on conflicts of interest,
as well as the conduct of trainings or provision of confidential counselling.
Consequently, this recommendation has not been more than partly complied with.

18. GRECO concludes that recommendation ii has been partly implemented.

Recommendation iii

https://www.parlament.md/ProcesulLegislativ/Proiectedeactenormative/tabid/61/LegislativId/7054/language/ro
-RO/Default.aspx

4
19. GRECO recommended introducing rules for parliamentarians on how to interact with
third parties seeking to influence the legislative process.

20. GRECO recalls that this recommendation was not implemented owing to the lack of
relevant progress.

21. The authorities provide that on 16 May 2024 the parliamentary Legal Committee for
Appointments and Immunities has established a working group to prepare a draft law
on lobbying. The working group will analyse the practice applied by other European
countries and develop a comparative study. A draft law will be subsequently
developed, and it will be presented to the parliamentary committee, which will
organise public debates and exchange of views with interested parties.

22. GRECO takes note of the domestic developments and the authorities’ efforts in setting
up a working group which will prepare a draft law on lobbying. As preparations are
still at an early stage, GRECO considers that further concrete progress is needed to
upgrade the status of implementation of this recommendation.

23. GRECO concludes that recommendation iii remains not implemented.

Recommendation iv

24. GRECO recommended ensuring a significantly more independent and effective

control, by the National Integrity Commission, of compliance by members of
Parliament, judges and prosecutors with the rules on conflicts of interest,
incompatibilities, statements of personal interests and statements of income and
property.

25. GRECO recalls that this recommendation was partly implemented. The role of
integrity inspectors in verifying declarations of assets and interests had been
strengthened and the e-Integrity system had become operational. However, the
National Integrity Authority (ANI) was understaffed, and it operated in the absence
of an institutional strategy since its inception.

26. The authorities now report that integrity inspectors have completed the verification7
of 938 declarations of assets and personal interests in 2023 and 550 verifications in
the first quarter of 2024. The results have shown a very limited number of
parliamentarians, judges and prosecutors who had not submitted the declaration of
assets (two persons) and had made a late submission (three persons) or in respect
of whom there had been a significant discrepancy between income, assets and
expenses (thirteen persons). Following the performance of in-depth control8 of
declarations, integrity inspectors issued 104 acts of finding (or not) a violation of the
legal regime of the declaration of assets and personal interests in 2023 and 33 acts
of finding in 2024 in respect of seven parliamentarians, two judges and three
prosecutors. Sanctions have been imposed for conflicts of interest, incompatibilities,
failure to provide information, failure to submit a declaration or for late submission
of declaration.

27. According to ANI’s organisational chart, 21 out of 43 integrity inspectors have been
employed until May 2024. ANI’s institutional development strategy for 2024-2028 is
being assessed and will be submitted for approval to the Integrity Council. A new
methodology for the verification of assets and personal interests has been adopted

7
A verification is the first type of review carried out by an integrity inspector, the aim of which is to check the
timely submission of declarations and compliance with the formal requirements.
8
The in-depth control is the second type of review, which consists of a thorough review of a smaller number of
declarations.

5
 on 24 January 20249, which aims at, amongst others: setting out a new role of the
Chief Inspector to coordinate the activities of ANI’s integrity inspectors; publishing
declarations of assets in a format that supports automated data processing;
introducing restrictions on asset acquisition, use and disposal, as well measures
addressing the reporting of donations and gifts, in order to prevent the concealment
of receipt of informal income.

28. In addition, pursuant to amendments to Law no. 152/2006 on the National Institute
of Justice (NIJ)10, candidate judges and prosecutors applying for initial training at
the NIJ are required to file declarations of assets and interests and are subject to
integrity checks at the start of their career. In case of a finding of the lack of integrity,
the candidates are excluded from competition. All candidates who have applied for
and have started initial training in October 2024, have gone through the integrity
checks.

29. GRECO welcomes that candidate judges and prosecutors are being subjected to
integrity checks, including scrutiny of declarations of assets and interests, at the
beginning of their career. However, this recommendation calls for verifications and
in-depth control performed by the National Integrity Authority’s (ANI) integrity
inspectors during the career of parliamentarians, judges and prosecutors. GRECO
remains concerned that the number of integrity inspectors has decreased compared
to the previous compliance report (from 25 to 21 inspectors), which has translated
into a reduction of verifications, in-depth control and acts of findings issued in respect
of parliamentarians, judges and prosecutors. It calls on the authorities to seriously
address ANI’s understaffing and adopt its institutional development strategy for
2024-2028, while it remains hopeful that the new methodology will translate into
concrete progress. Pending such action, this recommendation remains partly
complied with.

30. GRECO concludes that recommendation iv remains partly implemented.

Recommendation vi

31. GRECO recommended that determined measures be taken in order to ensure that
the procedures for lifting parliamentary immunity do not hamper or prevent criminal
investigations in respect of members of Parliament suspected of having committed
corruption related offences.

32. GRECO recalls that this recommendation was partly implemented thanks to an
emerging parliamentary practice leading to the lifting of parliamentary immunities of
three parliamentarians.

33. The authorities now report that between April 2023 and April 2024 nine requests for
lifting the parliamentary immunity of three parliamentarians MPs had been submitted
and granted. Eight requests concerned the commission of alleged offences of
corruption.

34. GRECO notes that the parliamentary practice of lifting immunity of members of
Parliament has consolidated further. All requests for lifting parliamentary immunity
have been accepted. It considers that, in view of an established practice by
parliament to accept requests for lifting parliamentary immunity, this
recommendation has been dealt with in a satisfactory manner. That notwithstanding,
GRECO still calls on the authorities to consider amending Article 70 (3) of the
Constitution to abolish the immunity enjoyed by parliamentarians.

9
https://ani.md/sites/default/files/Metodologia.PDF
10
https://www.legis.md/cautare/getResults?doc_id=144937&lang=ro

6
35. GRECO concludes that recommendation vi has been dealt with in a satisfactory
manner.

Corruption prevention in respect of judges

Recommendation vii

36. GRECO recommended (i) changing the composition of the Superior Council of
Magistracy, in particular by abolishing the ex officio participation of the Minister of
Justice and the Prosecutor General and by allowing for more diverse profiles among
lay members of the Council, on the basis of objective and measurable selection
criteria; (ii) ensuring that both judicial and lay members of the Council are elected
following a fair and transparent procedure.

37. GRECO recalls that this recommendation was partly implemented thanks to the new
composition of the Superior Council of Magistracy (SCM) which would include six
judges and six lay members. The law had also laid down selection criteria for the SCM
members. GRECO remained concerned about the pre-vetting process for candidates
to the SCM which had impeded the filling of vacant posts to the SCM and its
functioning, as well as the Minister of Justice’s power to convene the General
Assembly of Judges.

38. The authorities now report that parliament has appointed six SCM lay members who
had passed the vetting proceedings carried out by the Pre-vetting Commission (one
has subsequently resigned after disclosure of reports by the media affecting his
integrity). In April 2023 and March 2024, the General Assembly of Judges has elected
four judges (from first instance court) and one Supreme Court judge, who had been
cleared by the Pre-vetting Commission, as SCM members. The Pre-vetting
Commission is assessing judges coming from courts of appeal so that the General
Assembly of Judges may elect the SCM member representing those courts. To date,
the SCM consists of eleven members (5 judges and 6 lay members). The SCM has
become operational since April 2023, as attested, for example, by decisions taken in
several areas (see paragraph 44, 56 and 65 below). In July 2024, the SCM has
elected its President for a two-year term of office. It is currently working on
developing its institutional strategy, together with the assistance of the Council of
Europe.

39. The authorities further state that the mandate of the Pre-vetting Commission, which
had been set up to vet candidates to the self-governing bodies of judges and
prosecutors, namely the SCM and the Superior Council of Prosecutors (SCP), is
nearing its end, with only one case pending before it. The Vetting Commission 11,
which has been established under Law no. 65 of 30 March 2023 to carry out the
external evaluation of candidates for the position of judge of the Supreme Court of
Justice, will continue to vet candidates for the specialised boards of the SCM12 and
the Superior Council of Prosecutors. Lastly, the authorities provide that, owing to the
impossibility to convene the General Assembly of Judges for two years because of a
non-functioning SCM, the parliament introduced a mechanism to address such a
deadlock by empowering the Minister of Justice, as a last resort, to convene the

11
https://www.vettingmd.eu/en
12
To date, 15 candidates have applied for the Judges’ Selection and Evaluation (Career) Board. The Vetting
Commission has assessed 12 candidates, two having withdrawn and one candidate having been excluded from
the SCM. The SCM will convene the General Assembly of Judges to elect the members of the Selection and
Evaluation (Career) Board. A total of 12 candidates have applied for the Disciplinary Board.

7
 General Assembly of Judges13. The Minister of Justice has not availed himself/herself
of this mechanism, and the newly constituted and operational SCM has the right to
do so by law.

40. GRECO welcomes the information and explanations provided and notes that
significant steps have been taken to render the SCM operational, which now counts
eleven out of twelve members, representing judges and various stakeholders of the
justice system. Work is underway to vet and elect the sixth judge member, which
will ensure a balanced representation of judges at the SCM. Neither the Minister of
Justice nor the Prosecutor General sit as ex officio members. The SCM has elected its
President, together with members for its specialised bodies. It is also satisfied with
the explanations given about the Minister of Justice’s right to convene the General
Assembly of Judges, as a means of last resort in the event of impossibility to call it
otherwise. In these circumstances, this recommendation has been fully complied
with.

41. GRECO concludes that recommendation vii has been implemented satisfactorily.

Recommendation viii

42. GRECO recommended that decisions of the Superior Council of Magistrates be

adequately reasoned and be subject to judicial review, both on the merits of the case
and on procedural grounds.

43. GRECO recalls that the recommendation was partly implemented in the Second
Interim Compliance Report. Statutory amendments had been adopted. They required
the SCM to motivate and publish its reasoned decisions, including dissenting opinions.
These amendments had to be accompanied by practice, especially as regards
decisions on matters pertaining to the recruitment and career of judges.

44. The authorities now report that the SCM has continued to adopt reasoned decisions
(with dissenting opinions), which are publicly available on its website14 and are
amenable to appeal, on points of facts and law, before the Supreme Court of Justice,
in accordance with Law no. 246 of 31 July 202315. Furthermore, pursuant to section
25(2) of Law no. 147/2023, given the absence of two thirds of members of the
Judges’ Selection and Evaluation (Career) Board16, the SCM has carried out the
selection and evaluation of judges for vacant positions. In 2023, the SCM has
conducted competitions for 33 vacancies in first-instance courts and in 2024 for 22
vacancies17. Also, in 2023, in order to fill vacancies arising from resignation of judges,
the SCM has decided on the transfer of judges18. In November 2023, it has appointed
a judge to the Constitutional Court. Appointments have also been made in in 2024,

13
Article 232 (2) of Law no. 44/2023 amending Law no. 514/1995 on the organisation of the judiciary reads as
follows: “In the case of the impossibility of convening the General Assembly of Judges by the Superior Council of
the Magistracy due to the termination of the mandate of its members, due to lack of quorum or in the case of
declaring a state of emergency under the conditions of Law no. 212/2004 on the state of emergency regime, of
siege and war, the General Assembly of Judges is convened by the president of the Superior Council of Magistracy
or, as the case may be, by the member of the Superior Council of Magistracy who exercises the functions of the
president during his/her absence. In the event of the vacant position of President of the Superior Council of the
Magistracy, as well as the absence of a member appointed by decision of the Superior Council of the Magistracy
to exercise his/her functions, the General Assembly of Judges is convened by the Minister of Justice”.
14
https://www.csm.md/ro/hotaririle/hotarari-csm/documents.html
15
https://www.legis.md/cautare/getResults?doc_id=140328&lang=ro
(Art. VII of Law no. 246/2023)
16
Please see footnote 12 about progress regarding the selection of members of the Judges’ Selection and
Evaluation (Career) Board.
17
As of 1 October 2024, 391 judges are serving at all court levels and there are 98 vacant positions. At the district
court level, there are 338 serving judges and 34 vacant positions.
18
In 2023, 18 judges were transferred within the district courts and, in 2024, 11 judges were transferred. Also,
seven judges were temporarily transferred to the Chișinău Court of Appeal, four judges to the Bălți Court of
Appeal and two judges to the Supreme Court of Justice.

8
 with the SCM appointing five judges to the Supreme Court of Justice (SCJ) and the
President of the Republic appointing 38 judges to district courts. Currently, the CSM
has announced a competition to fill all vacant positions at the SCJ, the Chișinău Court
of Appeal and the Bălți Court of Appeal. Lastly, the SCM has decided on the dismissal
of 49 judges at their request.

45. GRECO welcomes the information provided and the visible progress made by the SCM
in adopting reasoned decisions, in particular pertaining to appointment, transfer and
career of judges. It notes that SCM decisions are open to appeal - on merits and on
procedural grounds - before the Supreme Court of Justice. In these circumstances,
this recommendation has been fully complied with.

46. GRECO concludes that recommendation viii has been implemented satisfactorily.

Recommendation ix

47. GRECO recommended (i) that appropriate measures be taken, with due regard to
judicial independence, in order to avoid the appointment and promotion to judicial
positions of candidates presenting integrity risks; and (ii) abolishing the five-year
probation period for judges.

48. GRECO recalls that this recommendation was partly implemented. Only the first part
of the recommendation remained to be fully implemented, subject to the
implementation of the vetting process. The second part had already been
implemented satisfactorily.

49. The authorities now report that the Pre-vetting Commission has assessed the
integrity of candidates for the position of members in the self-governing bodies of
judges and prosecutors. As a result, both the SCM and the SCP have been established
and are functioning.

50. In addition to the Pre-vetting Commission, the Vetting Commission of Judges has
begun functioning in July 2023 (see also paragraph 39 above). It is composed of
three international experts, proposed by international development partners, and
three national experts. It is currently assessing the ethical and financial integrity of
candidates for the position of judge of the Supreme Court of Justice19. In 2024 the
SCM has examined the applications of candidates who had passed the vetting process
and has proposed that the President of the Republic appoint five candidates. At
present, out of a total of 20 positions in the SCJ, nine have been filled (five candidates
were appointed according to the new procedure) and four judges have been
temporarily transferred to the SCJ. In addition, one SCJ judge has been suspended
as s/he is acting as a judge to the Constitutional Court and one judge has been
seconded to the SCM. The Vetting Commission will also assess the integrity of
candidates for the autonomous boards of the SCM (please see footnote 12 above)
and of the sitting judges of the Chișinău Court of Appeal.

51. Lastly, candidates who join the National Institute of Justice to become judges or
prosecutors, are required to file declarations of assets and interests which are subject
to verification and in-depth control by ANI. If a candidate is found to breach the legal

19
37 candidates (5 SCJ sitting judges, 9 judges from other courts and 23 candidates from legal professions) had
applied. Six candidates belonging to legal professions withdrew and two sitting judges resigned. Three SCJ judges
were subjected to evaluation, with one having passed, one failed and one is currently under examination. To
date, the Vetting Commission has adopted 22 reports, with 13 reports finding in favour of candidates and nine
reports against them. The CSM has endorsed 21 reports, and one report was sent back for re-evaluation. All
unsuccessful candidates have challenged the SCM decisions to the CSJ. Out of nine appeals, the CSJ has rejected
four, and hearings will take place in respect of the remaining five appeals. In two cases, the court proceedings
have been suspended, as the CSJ has referred the matter raising a point of constitutionality of the statutory
provisions to the Constitutional Court.

9
 regime of declarations of personal assets and interests, conflicts of interest,
incompatibilities, restrictions and limitations, s/he will be subject to disqualification
(see also paragraph 28 above).

52. GRECO positively notes the developments that have taken place since the last
compliance report. The vetting of candidates to the self-governing body of judges
has produced results, leading to the composition and functioning of the Superior
Council of Magistracy (SCM). Candidates for judges of the Supreme Court of Justice
are being subject to an external evaluation of their ethical and financial integrity,
which will also extend to autonomous boards of the SCM and the Chișinău Court of
Appeal. A requirement has also been introduced for trainee magistrates to file
declarations of assets and interests, which will be subject to in-depth control. In these
circumstances, GRECO considers that appropriate measures have been introduced to
assess the integrity of candidate judges. In order to maintain judges’ integrity,
GRECO recalls that an adequate salary is an important element of the independence
of judges, and it encourages the Moldovan authorities to pursue their ongoing efforts
in this regard (see paragraph 107 of the Evaluation Report).

53. GRECO concludes that recommendation ix has been implemented satisfactorily.

Recommendation x

54. GRECO recommended that additional steps be taken (i) to ensure that cases are
adjudicated without unjustified delays and (ii) to increase the transparency and
accessibility of information available to the public on judicial activity.

55. GRECO recalls that this recommendation was party implemented. Statistics alone
were not conclusive to consider that cases had been adjudicated without unjustified
delays. The authorities had failed to provide information regarding additional steps
taken, whether in the legal framework or the court practice, to reduce the length of
proceedings and increase the transparency and accessibility of information available
to the public on judicial activity.

56. The authorities now report that the following measures have been taken in respect
of the first part of the recommendation. (i) Law no. 83 of 14 April 2023 has amended
certain normative acts20 and has revised the criminal procedure in order to simplify
the examination of criminal cases both at the pre-trial and trial stages. The procedural
mechanisms to ensure an appropriate balance between the prosecution and the
defence have also been reviewed from the perspective of equality of arms. (ii) A new
Law no. 213 of 31.07.2023 on the State Fee (Tax) 21 has been adopted, introducing
the concept of a "judicial stamp tax", which is a one-off amount to be paid by natural
persons and legal entities for filing a civil or administrative action, as well as for each
appeal lodged against the decision of the investigating officer in misdemeanour cases,
both at first instance and on appeal, which is not subject to exemption. One of the
aims of introducing the judicial stamp tax is to reduce the number of unjustified
applications to the courts. As a result of the analysis of the work of the courts, the
number of unjustified applications has decreased. (iii) The SCM has promoted and
participated in the public debate on revising the current judicial map 22. Among other
things, the SCM has supported the modification of the jurisdiction of the Chișinău
Court of Appeal by removing two judicial districts from its territorial jurisdiction and

20
https://www.legis.md/cautare/getResults?doc_id=138762&lang=ro
21
https://www.legis.md/cautare/getResults?doc_id=142817&lang=ro
22
On 30 May 2025 Parliament has adopted, in the second reading, Law no 135/2023 on amending some normative
acts (the revising of judicial map) Draft legislative acts (parlament.md). Pending promulgation by the President
and its entry into force, the main innovation of the law is the replacement of the four existing Courts of Appeal
(Bălți, Chișinău, Cahul and Comrat) with three new Courts of Appeal (North, Centre and South).

10
 transferring them to the Bălți Court of Appeal with the aim of reducing the total
number of cases examined by the Chișinău Court of Appeal by about 20%. This will
significantly reduce the current caseload of the Chișinău Court of Appeal23. (iv) In
February 2024 the SCM has decided in favour of a specialisation of judges within the
Chișinău Court, including specialisation in the examination of corruption cases. In
addition, the Anti-Corruption Prosecutor's Office has noted significant improvement
in the efficiency and quality of justice24. Approximately 120 criminal cases
investigated by the Anti-Corruption Prosecutor's Office at the pre-trial phase have
been assigned to the nine specialised judges of the Buiucani premises of Chișinău
Court. The SCM regularly organises meetings with the presidents of the courts, courts
of appeal and the CSJ to ensure better administration of the judicial system.

57. As stated in paragraphs 44 and 50 above, the SCM has regularly organised
competitions to fill in vacant judgeship positions, in accordance with the Regulation
on the organisation and conduct of competitions for the completion of judicial
positions. 16 competitive procedures have been announced in 2024 and eight
competitive procedures took place in 2023. Consequently, in 2024, 38 judges have
been appointed at district courts and at five judges at the SCJ, while other judges
have been transferred to district courts, courts of appeals and the SCJ to make up
for a shortage of human resources.

58. The authorities further submit the following statistics:

Year 2023
Pending Pending Pending cases
Cases/court Adjudicated Pending cases of cases of of more than
files more than more than 36 months
12 months 24 months
Civil 104,761 47,076 4,270 2,139 3,803
Criminal 9,747 72,326 2,673 1,280 2,216
Contravention 1,6367 5,044 - - -

January-September 2024
Pending Pending Pending cases
Cases/court Adjudicated Pending cases of cases of of more than
files more than more than 36 months
12 months 24 months
Civil 82,718 55,166 8,234 2,397 4,266
Criminal 17,534 63,037 4,810 1,514 2,743
Contravention 14,501 9,838 667 15 0

59. The authorities acknowledge that, when compared to statistics provided in 2022, in
2023 there was a decrease in the number of adjudicated criminal cases (from 10,414
to 9,747) and an increase in the number of pending criminal cases (from 69,686 to
72,326). Such trend is attributed to resignation of a significant number of judges
from all court levels, unfilled vacant judicial positions, limited competence of the SCM
to decide on the judges’ career and lack of internal court administration and
disciplinary liability. That said, on 13 February 2024 the SCM has decided25 to
specialise judges of the Chișinău District Court in the examination of criminal cases,
pre-trial procedures related to these cases and in the examination of cases regarding

23
Following notifications sent by the Vetting Commission of Judges to the sitting judges of the Chișinău Court of
Appeal (at the time of the notifications there were 40 judges in office), 20 judges have resigned. Thus, there 20
remaining sitting judges at the Court of Appeal of Chișinău.
24
Îmbunătățirea calității și eficienței actului de justiție urmare a specializării judecătorilor în materie anticorupție
| Procuratura Anticoruptie a Republicii Moldova
25
https://www.csm.md/files/Hotaririle/2024/06/64-6.pdf

11
 the legality of findings issued by ANI. As a result, the Anti-corruption Prosecutor’s
Office has reported significant improvements in the efficiency and quality of justice.
Approximately 120 criminal cases have been assigned to the nine specialised judges
of the Chișinău District Court.

60. Turning to the second part of the recommendation, in May 2023 the authorities have
launched an online tool to consult and analyse statistical data related to the judicial
system (justice and statistics automated information system – JUSTAT26), which is
managed by the Agency for the Administration of Court (AAIJ). It provides
information on the activity of courts on effectiveness and file allocation 27.
Furthermore, thanks to technical cooperation projects 28 several trainings have been
organised to ensure the promotion of information on the work of courts.

61. GRECO takes note of the measures introduced to address delays in case-processing
and publish information on courts’ activity. The statistics provided for 2023 show a
positive trend as regards an increase in the overall number of cases adjudicated (from
105,456 cases adjudicated in 2022 to 130,875 cases in 2023) and a decrease in those
cases pending before courts (from 129,327 cases pending in 2022 to 124,446 cases
pending in 2023). A positive trend is also noticeable for the first nine months of 2024
(the total number of adjudicated cases has increased). GRECO takes note of the
information provided by the authorities regarding the trend in respect of criminal
cases and is satisfied with the measures taken to address the backlog, it being noted
that the overall number of criminal cases pending in September 2024 has decreased.
It encourages the authorities to keep up with the progress and maintain the situation
under regular review in the future. In these circumstances, this recommendation has
been dealt with in a satisfactory manner.

62. GRECO concludes that recommendation x has been dealt with in a satisfactory
manner.

Recommendation xiii

63. GRECO recommended that the legal and operational framework for the disciplinary
liability of judges be revised with a view to strengthening its objectivity, efficiency
and transparency.

64. GRECO recalls that this recommendation was partly implemented. Statutory
amendments had brought about positive changes. However, more determined action
was required, in law and practice, to strengthen the objectivity, efficiency and
transparency of the disciplinary liability of judges. The new SCM was expected to
bring the existing regulations in line with the newly introduced statutory
amendments.

65. The authorities now report that, pursuant to the statutory amendments introduced
by virtue of Law no 5/2023 (as reported previously), the SCM has set up a working
group which has been tasked with the preparation of amendments to the Regulation
on the disciplinary liability of judges. As a result, in February 2024 the SCM has
adopted a Regulation on the disciplinary liability of judges 29. Furthermore, decisions
by the Disciplinary Board are regularly published online30.

26
https://justat.instante.justice.md/
27
https://justat.instante.justice.md/home/chart4
28
Evenimentul de lansare a etapei II a Proiectului USAID „Instanțe judecătorești model” | AGENȚIA DE
ADMINISTRARE A INSTANȚELOR JUDECĂTOREȘTI (justice.md) and Support to further modernisation of court
management in the Republic of Moldova - Council of Europe Office in Chisinau (coe.int)
29
https://www.csm.md/files/Hotaririle/2024/08/87-8.pdf
30
Completul de examinare a contestațiilor Nr.1 - Consiliul Superior al Magistraturii (csm.md)

12
66. The annual activity report of the SCM 31 provides aggregate statistics on disciplinary
proceedings against judges. Thus, in 2023 the Disciplinary Board registered
25 disciplinary cases (reports drawn up by the Judicial Inspection following
verification of complaints regarding facts that may constitute disciplinary offences
committed by judges) and one case was pending from 202232. As a result, ten
disciplinary proceedings were joined and seven proceedings would be examined in
2024. Four disciplinary sanctions in the form of a warning were imposed on judges.
Most of the proceedings were instituted against judges of the Chișinău District Court
and the Chișinău Court of Appeal. The Judicial Inspection registered 1,152 complaints
and 616 petitions for examination in 2023. It resolved 1,129 complaints and
614 petitions. At the end of 2023, it had a backlog of 60 complaints and 17 petitions,
carried over from previous years. Both the Disciplinary Board and the Judicial
Inspection publish annual activity reports33, as does the SCM.

67. The authorities contend that Article 4 of Law no. 178/2014 on disciplinary liability of
judges, which sets out disciplinary offences, has been amended to address the
comments made in the Evaluation Report. The words “deliberate” and “gross
negligence” have been added to Article 4t(1)(a) and (b)34. Also, Article 4(1)(m) and
(o) have been deleted and Article 4(1)(p) qualifies as disciplinary liability “other
deeds which undermine the honour or professional probity or the prestige of the
judiciary to such an extent as to undermine confidence in the judiciary, committed in
the performance of their duties or outside their duties, and which, due to their
seriousness, cannot be qualified merely as infringements of the Code of Ethics and
Professional Conduct for Judges”.

68. GRECO welcomes the positive developments made towards the implementation of
this recommendation. Apart from Article 4(1)(d) of the law on disciplinary liability of
judges35, disciplinary offences have been amended to clarify their meaning and avoid
varying, broad and possibly conflicting interpretations, thus addressing, on the whole,
the concerns expressed in a Venice Commission’s opinion to which reference was
made in the Evaluation Report. All bodies involved in the disciplinary proceedings
(i.e. the Judicial Inspection, the Disciplinary Board and the SCM) publish annual
activity reports, containing aggregate data about disciplinary cases and sanctions
imposed. Also, individual decisions given in respect of disciplinary proceedings are
made public. In these circumstances, it can be concluded that this recommendation
has been dealt with in a satisfactory manner.

69. GRECO concludes that recommendation xiii has been dealt with in a satisfactory
manner.

Corruption prevention in respect of prosecutors

31
https://www.csm.md/ro/activitatea/rapoarte-anuale.html
32
https://www.csm.md/files/RAPOARTE/2023/CsmRaportAnual2023._pdf.pdf
33
https://www.csm.md/ro/organe-subordonate/colegiul-disciplinar/colegiul-disciplinar/rapoarte-semestriale-si-
anuale.html and https://www.csm.md/ro/organe-subordonate/inspectia-judiciara/rapoarte-de-activitate-ij.html
34
Article 4(1)(a) reads as follows: “deliberate or grossly negligent failure to comply with the obligation to abstain
when the judge knows or ought to have known that one of the circumstances prescribed by law for abstention
exists, as well as repeated and unjustified declarations of abstention in the same case, which have the effect of
delaying the examination of the case “.
Article 4(1)(b) reads as follows: “issuing a judicial act of disposition by which, intentionally or through gross
negligence, the fundamental rights and freedoms of natural persons or legal entities, guaranteed by the
Constitution of the Republic of Moldova and international treaties on fundamental human rights to which the
Republic of Moldova is a party, have been violated”.
35
The authorities report that, from 2015 to 2019, three disciplinary proceedings had been instituted on the
strength of Article 4(1)(d). They were dismissed by the Disciplinary Board and upheld by the SCM. No judge has
been sanctioned under that provision for the last nine years.

13
 Recommendation xv

70. GRECO recommended that appropriate measures be taken to ensure that the
composition and operation of the Superior Council of Prosecutors be subject to
appropriate guarantees of objectivity, impartiality and transparency, including by
abolishing the ex officio participation of the Minister of Justice and the President of
the Superior Council of Magistracy.

71. GRECO recalls that the recommendation was partly implemented. Draft amendments
to the Law on the Prosecution Service envisaged abolishing the ex officio membership
of the Minister of Justice and the President of the Superior Council of Magistracy in
the Superior Council of Prosecutors.

72. The authorities now report that the composition of the Superior Council of Prosecutors
(SCP) has been revised by Law no. 200 of 31 July 202336 which entered into force in
August 2023. The SCP will consist of 10+1 members: the Minister of Justice (until
1 January 2026), the President of the SCM, five prosecutors elected by the General
Assembly of Prosecutors (one member from amongst prosecutors of the Prosecutor
General’s Office and four from amongst prosecutors of the territorial and specialised
prosecutors' offices), and four lay members from civil society chosen by competition
(one appointed by the President of the Republic, one by Parliament, one by the
Government and one by the Academy of Sciences of Moldova).

73. In December 2023 the General Assembly of Prosecutors elected its members, who
had passed the vetting process. The newly composed SCP assumed office in January
2024.

74. GRECO considers that the new mixed composition of the Superior Council of
Prosecutors, in which the prosecutor members do not constitute the majority, is not
in line with the recent Consultative Council of European Prosecutors’ (CCPE) Opinion
no. 18 (2023) on council of prosecutors as key bodies of prosecutorial self-
governance37. Also, it is concerned that, in spite of recent statutory amendments,
the Minister of Justice will remain ex officio member of the SCP (at least until 1
January 2026), as will the President of the Superior Council of Magistracy, which is
contrary to the requirements of the recommendation. Even the recent CCPE Opinion
no. 18 (2023) is not in favour of including members of the executive in the
composition of councils of prosecutors 38. The current situation justifies maintaining
the same status of implementation of this recommendation.

75. GRECO concludes that recommendation xv remains partly implemented.

Recommendation xviii

76. GRECO recommended that additional measures be taken in order to strengthen the
objectivity, efficiency and transparency of the legal and operational framework for
the disciplinary liability of prosecutors.

77. GRECO recalls that the recommendation was partly implemented, pending the
adoption of draft amendments to the Law on the Prosecution Service which intended
to bring about changes to certain disciplinary offences and to establish the
Prosecutors’ Inspection as an autonomous authority.

36
https://www.legis.md/cautare/getResults?doc_id=138387&lang=ro
37
https://rm.coe.int/opinion-no-18-2023-final/1680ad1b36 (see paragraph 46);
38
See paragraph 48 of the CCPE Opinion no. 18 (2023); also, compare with paragraphs 33-36 of the Venice
Commission amicus curaie brief for the Constitutional Court of the Republic of Moldova (CDL-AD(2019)034),
which was based on the premise that clear international standards on councils of prosecutors were absent at the
time.

14
78. The authorities of the Republic of Moldova now report that Law No. 200/2023
(see paragraph 72 above) has set up the Prosecutors’ Inspection as an autonomous
body of the SCP and composed on nine inspectors, for a non-renewable six-year
term. The Law has also set out instances of disciplinary misconduct for members of
the Prosecutors’ Inspection. To date, three inspectors and the Chief Inspector have
been appointed. On 6 September 2024, the SCP announced that, following legal
amendments39, the Prosecutors’ Inspection has become operational 40.

79. The Disciplinary and Ethics Board has examined the following cases in 2023: 30
disciplinary procedures in respect of 24 prosecutors and 152 appeals against
decisions of the Prosecutors’ Inspection. It has adopted 28 decisions on disciplinary
proceedings and 113 decisions on appeals against the Prosecutors’ Inspection’s
decisions, which are available online41. Its annual activity reports are also publicly
available42.

80. Lastly, the authorities provide that amendments have been made to Articles 38 and
381 of Law no. 2/2016 on disciplinary liability of prosecutors, by deleting one
provision and adding the notion “intention” and “gross negligence”, in order to add
clarity, precision and avoid possibly conflicting interpretations.

81. GRECO welcomes the establishment of the Prosecutors’ Inspection, which is an

autonomous specialised body of the Superior Council of Prosecutors, as well as
instances of actions which constitute disciplinary misconduct on the part of
inspectors. The Prosecutors’ Inspection has become operational, and its capacity will
continue to be strengthened with the addition of the remaining inspectors. GRECO
expects that the inspectors will be adequately trained to carry out proactive and
efficient investigations into misconduct of prosecutors. Decisions on disciplinary
matters continue to be reasoned and published. Disciplinary offences appear to have
benefitted from further clarity and precision as a result of certain amendments made
to the law on disciplinary liability of prosecutors. These are positive steps militating
in favour of considering that this recommendation has been dealt with in a
satisfactory manner.

82. GRECO concludes that recommendation xviii has been dealt with in a satisfactory
manner.

III. CONCLUSIONS

83. In view of the foregoing, GRECO concludes that the Republic of Moldova has
implemented satisfactorily or dealt with in a satisfactory manner thirteen of
the eighteen recommendations contained in the Fourth Round Evaluation
Report. Of the remaining recommendations, four have been partly implemented and
one has not been implemented.

84. More specifically, recommendations v, vi, vii, viii, ix, x, xi, xii, xiii, xiv, xvi, xvii and
xviii have been implemented satisfactorily or dealt with in a satisfactory manner,
recommendations i, ii, iv and xv have been partly implemented and recommendation
iii has not been implemented.

39
https://www.legis.md/cautare/getResults?doc_id=144853&lang=ro
40
https://www.csp.md/inspectia-procurorilor-din-subordinea-consiliului-superior-al-procurorilor-devine-
functionala
41
https://csp.md/colegiu/colegiul-de-disciplina-si-etica/hotarari1
42
https://csp.md/colegiu/colegiul-de-disciplina-si-etica/rapoarte-de-activitate

15
85. As regards members of parliament, progress has been made to publish draft
legislation in a timely manner. A draft law on conduct and ethics of parliamentarians
has passed the first reading, and there has been an established practice to accept
requests for lifting the immunity of parliamentarians suspected of having committed
corruption offences. That said, the frequent use of emergency procedure for adopting
legislation is worrying. Rules regulating the interaction of parliamentarians with third
parties/lobbyists ought to be introduced. ANI’s capacity should be strengthened to
ensure effective in-depth control with the rules on conflicts of interest,
incompatibilities, and declarations of assets and interests.

86. Turning to judges, all recommendations have been implemented. The vetting process
of candidate judges has produced positive results. The Superior Council of Magistracy
(SCM) has become operational, having eleven out of 12 members. It has continued
to adopt reasoned decision regarding the appointment, transfer and career of judges,
and it has proposed candidates for the position of judge to the Superior Court of
Justice. Measures have been introduced to assess the integrity of trainee magistrates
by requiring them to file declarations of assets and interests. Several measures have
also been taken to address delays in case-processing and publish information on
courts’ activity. Progress has been made to amend the legal framework on
disciplinary proceedings and statistics on disciplinary proceedings against judges are
provided in annual activity reports.

87. With respect to prosecutors, an autonomous specialised Prosecutors’ Inspection has

been established, and its capacity is expected to be reinforced in the future in order
to fully discharge its statutory mandate. Decisions on disciplinary cases have been
reasoned and published. Disciplinary offences appear to have gained in clarity and
precision. That said, it is regrettable that no progress has been made towards the
composition of the Superior Council of Prosecutors, since the Minister of Justice will
continue to sit as ex officio member (until 1 January 2026) as will the President of
the Superior Council of Magistracy.

88. The adoption of this Third Interim Compliance Report terminates the Fourth-Round
compliance procedure in respect of the Republic of Moldova. The Moldovan authorities
may, however, wish to inform GRECO of further developments regarding the
implementation of the outstanding recommendations i, ii, iii, iv and xv.

89. Finally, GRECO invites the authorities of the Republic of Moldova to authorise, as soon
as possible, the publication of the report, to translate it into the national language
and to make this translation public.

16