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COUNTRY REPORTON DOMESTIC REGULATIONS OF POLITICAL PARTIES IN MOLDOVA,[object Object],Igor Munteanu,[object Object]
Structure of the Report1. Elements of political transition in Moldova2. Institutional Context for political parties3. Parliamentary regulations and parties4. Parties as Organizations5. Parties in Elections6. Party funding7. Policy Recommendations,[object Object]
Elements of political transition in Moldova,[object Object],1990 – first multi-party elections in SSRM, while in August 1991 – ban of the CPSU (collapse),[object Object],1991 – Law on political parties (17.09.1991) – institutionalisation of the pluralist environment,[object Object],1991 – 2000 – successful case of political transition – turning into a multiparty democracy where incumbent parties lost elections (presidents transmitted peacefully their power to the successors, while alternation to power became a rule (Snegur – Lucinschi – Voronin),[object Object],1994 – Democratic Parties (PFD/BPI defeated by leftist Block of Agrarians and Socialists (BAS),[object Object],1998 – BAS  defeated by a center-right Alliance of Democratic Forces (ADF). ,[object Object],2001 – ADF defeated by Communsts  (CPM) - overwhelming majority (71 out of 101 seats) ,[object Object],In 2005 – exceptional  case, when CPM succeeds to remain in power by a conditional vote from democratic parties (CDPM, DP, SLP)  - echoes of ‚color revolutions’ in Georgia/Ukraine,[object Object],2007 – CPM defeated in local elections by opposition making coalitions at sub-national level,[object Object], 2007-2008 -  ‘approximation’ of the party regulations to the CPM ‘caprice’ and interests,[object Object],2009 – convulsive elections, accusations of frauds, disputed recognition of election results,[object Object],May – June – polarization of society, inability to resolve disputes via political means, 60 versus 41 votes in the Parliament, led to the destitution of the Parliament on June 3) ,[object Object],June – July – new round of inflammatory speeches, accusations on administrative resource abuses, early elections of July 29,  creation of a new governing coalition (AEI),[object Object],1990,[object Object],1991,[object Object],1994,[object Object],2000,[object Object],2001,[object Object],2009,[object Object]
Institutional Context,[object Object],Art.41 Constitution (Freedom of parties, other social – political organisations) ,[object Object],Equality of all political parties by law (art.41-2), ,[object Object], Protection of the rights and legitimate interests of parties and other social-political organisations (41-3). ,[object Object],Art.38 of the Constitution enshrines the right to vote and be elected. The right to vote is prescribed by law to all citizens, which have reached 18 years old, by day of elections, the only exceptions being related to whose deprived by this right, in accordance with the legislation. ,[object Object],Constitutional restrictions: ,[object Object],May be applied towards political parties and other social-political organisations, which militate by their scopes or activities against the political pluralism, rule of law principles, sovereignty and independence, territorial integrity of the are unconstitutional (art.41-4): secret associations are prohibited by law (41-5), political parties established by foreign citizens are not allowed (41-6). ,[object Object],art.2-2 (Sovereignty and state power) - ‘not a single particular person, nor a part of the people (nation), a social group, a political party, or any other social formation may exercise the state power in its own name’.,[object Object]
Normative provisions of the party functioning,[object Object],Law on political parties and other social-political organizations, Nr.718-XII din 17.09.91 Veştile nr.11-12/106, 1991 ,[object Object],‚regulates the existence of ‘fronts, leagues, mass political movements, etc’, excepting independent organisations of citizens, which are established to promote professional or cultural interests, i.e. and do not aim to participate in the creation of state authorities’ (elections). - art.1-1,[object Object],Law on political parties, No.294-XVI of 21.12.2007, Official Monitor of the Republic of Moldova, No.42-44/119 of 29.02.2008,[object Object],‘regulates voluntary associations, established as legal entities, by citizens of the Republic of Moldova, entitled to vote, which may contribute, through their common activities and on the basis of free participation of their members, to the expression, elaboration and formulation of their political will’ (art.1-1). ,[object Object]
The new law on political parties (2007) provides:,[object Object],[object Object]
financing for registered political parties by the state, and stipulates specific mechanisms for accountability and transparent use of political finances
 additional restrictions on parties, which ‘militate against sovereignty, territorial integrity, democratic values and rule of law in Moldova, by its programmatic scope or specific activities, using in this regard illegal or violent means to achieve these goals, at the expense of fundamental freedoms and democracy’ (art.3-1).
Reiterates prohibition of financing parties from abroad, or membership to foreign citizens.
Bans functioning of regional political parties (art.8-d) - party members shall be based in at least half of the current territorial administrative units of II tier of Moldova’ (32 rayons, today), but not less than 120 members in each of the above mentioned territorial administrative units, in total - 1920 members.
Although the requested number is not too high, this is considered a restrictive condition by those who would favour creation of regional parties (read – ethnic) in the southern part of the country (Gagauzia). ,[object Object]
Organisational rules for parties,[object Object],Legal registration at the Ministry of Justice allows parties to use legal rights, benefits (i.e. state support, art.5), but also impose certain limitations of their activities (art.3). ,[object Object],Art.12 of the law states that each of the parties ‘shall act and conduct its activities on the basis of its statute (charter) and program of activities. Statutes must incorporate the procedure for dissolving the party, self-dissolution, disclosure of financing (art.13-l) and a clear mechanism for the administration of properties, accountability and internal control. ,[object Object],Parties shall respect in full legislation (art.18) and govern their activities on the basis of the registered charters (statutes), also approved by party members at the original constitutive assemblies (congresses). Parties are requested to nominate their official representatives in relationship with public authorities, other legal and physical persons. ,[object Object],The Law explicitly envisions the territorial principle for the organisation of parties* (art.2), imposing the obligation to follow the existing territorial-administrative structure of the country, and stipulate that ‘party’s official bodies, structures and branches shall reside only on the territory controlled by constitutional authorities of the Republic of Moldova. ,[object Object],Art.8-4 of the Law allow groups of citizens, whose application was declined at the registration to attack Ministry’s decision in the Appeal Court (Chisinau) during 10 days from date of its adoption. Art.9 of the Law on political parties states that only a court can decide to ban a political party, thus abolishing the original registration of parties,[object Object]
Constitutional Court ruling on party regulations,[object Object],Introduction of the so-called “principle of representation” was brought to the Constitutional Court in September 1998, which stated that “the principle of representation doesn’t contradict to the constitutional right to associate freely, but could become unconstitutional if, by its effects, will conduct to suppression of the right to associate freely or to effects similar to those created by suppression” (Decision of the Constitutional Court no. 37 of 10.12.1998 on interpretation of art.41 par.(1) form the Constitution of the Republic of Moldova).  ,[object Object],This position has been confirmed by a Decision of the Constitutional Court (no.3, 29.01.1999, where the Court reiterated that establishing a criterion based on the number of members in a party, falls under the competence of the organic law, i.e. depends on the discretionary power of the Parliament and can’t be the subject of examination of the Constitutional Court if its effects don’t lead to suppression of the principal of political pluralism. ,[object Object],At the same time, the Court decided that, starting from the representation criterion that is established by the Parliament, provisions on the minimal number of members of a party in the administrative-territorial units of the 2nd level, comply with constitutional norms (Decision no.11 of 03.06.2003). ,[object Object],Judgement of the European Court of Human Rights in the case of CDPP v. Moldova (application no. 28793/02) of 14.2.2006, where the Court ruled that there was a violation of Article 11 of the ECHR, stating in particular that the temporary ban on the CDPP’s activities was not an appropriate step in a democratic society and that the ban could have had a “chilling effect” on the Party’s freedom to exercise its freedom of expression and to pursue its political goals, the more so, since it was adopted on the eve of the local elections.,[object Object]
Patrimonialissuesandfinancingforparties,[object Object], Political parties may be owners of buildings, equipment, publishing houses, cars, as well as other kinds of goods, which are not outlawed by legislation (art.24) in conformity with statutory goals set up by these parties.Properties owned by political parties, i.e. incomes acquired through the use of their assets cannot be distributed amongst membership. ,[object Object],Art.25 of the law stipulates the main sources of financing for political parties, which are: Membership fees, Donations, i.e. those collected from various cultural, sport, leisure, mass activities organized by parties, State budget subventions, according to the regulations of the current law and annual budgetary law, other legal revenues, according to the art.24-3, such as: printing activities, appropriate to party activities. ,[object Object],Parties may receive donations (properties transmitted without conditions and for free to the respective parties – art.26), but the annual incomes for such operations for one party cannot exceed the equivalent of 0.1% of all revenues for this year in the state budget. ,[object Object],No restrictions on how many political parties can receive donations from physical persons, but only that the quantum of all donations cannot exceed 500 minimum monthly salaries, as officially estimated in the respective year per national economy. Legal entities cannot donate in a budgetary year more than an equivalent to 1000 average monthly salaries, or appr. 2,7 mln lei (156,184 euro).  ,[object Object], ,[object Object]
Dissolution/De-registrationofparties,[object Object],Registration of parties is made by a Direction of Parties and Public Associations (Decision No.129 of February 2000). The Ministry of Justice is tracking the Registry of political parties, as a legal instrument of managing political diversity of the country, considering the evidence based registry, as a matter of public interest. In fact, information regarding registration of parties, or their dissolution, or changes in the Registry, statute revisions shall be notified to the public via the “MonitorulOficial”, as well as on the official web,[object Object],The Law of 2007 enlist necessary acts for the official procedure of registration (art.8, Chapter III), lasting for 1 mo from the date of submitting prescribed acts, ending with a positive or negative decision. In 10 days from the date of decision, Ministry of Justice can be sued in the Court of Appeal. By Moldovan legislation, parties can be reorganized via absorption, division/separation and transformation (art.20, Chapter V), decided by the leading bodies of the respective parties, in conformity with legislation. ,[object Object],If a party produces serious prejudices to the political pluralism, as well as to the fundamental democratic principles, its activities can be limited. Parties are notified about the registered irregularities, and if this is not remediated - party activities can be limited for a 6-period (cannot establish their own media outlets, cannot organize public meetings, gatherings, demonstrations, other actions, cannot receive donations (frozen accounts). Parties can be outlawed if irregularities are not resolved. But, they cannot be limited prior to elections. In practice, some parties met serious obstacles prior to elections of 2005 / 2009.,[object Object]
Parties as Organizations,[object Object],Constitution (art.41-1) enshrines ‘the right of citizens to freely associate in parties and other social-political organisations’. Individual exceptions = those officials, which by virtue of their professional ranks cannot belong to political parties. Another ban is imposed on ‘various secret or other kind of associations, which infringe upon the fundamental provisions of the state’,[object Object],Art.6 of the Law on political parties further develops this principle, stating that ‘may become members of political parties, citizens of Moldova, which may have the right to vote, according to the existing normal acts’. But, Moldovan citizens can be members of only one political party (art.7-2), thereof, by the moment of joining any party, ‘citizens shall declare in writing, on their own responsibility, if they are or not members of another political party’. ,[object Object],But, If the old Law on parties (1991) prohibited some categories of civil servants to be members of political parties (police officers, other staff of the Ministry of Internal Affairs, intelligence officers, custom officers, judges, prosecutors, penal case inspectors, ombudsmen, state inspectors, as well as journalists of the official media). ,[object Object],art.6 of the new Law on political parties recognize practically almost no limitations to political membership, extending the right to association to ‘all individuals entitled to vote’, meaning full legal capacity, excepting those persons, which cannot participate in political activities, according to their legal statute (art.6-4). In fact, this new approach followed earlier amendments of the art.16 of the Law on public service and statute of public servants (No.158-XVI of 04.07.2008), which enabled political membership to the civil servants, while maintaining bans only to some specific professional categories, such as: judiciary and prosecutions (art.3 of the Law on Prosecution), Custom officers (art.6 of the Law on Custom Service), militaries (art.36 of the Law on the Statute of Militaries).,[object Object]
Organizational structure of political parties,[object Object],Art.14 of the Law on political parties requests that parties shall have ‘central’ and ‘territorial’ (local) tiers of representation, i.e. party territorial organisations. ,[object Object],This implies that parties shall act and evolve via recognized and legitimated membership, delegating their own repesentatives in various party bodies, structures and foras, following a rather sophisticated arhitecture of regulations and procedures, prescribed by their statutory documents. ,[object Object],Ministry of Justice requests as a compulsory procedure at the registration procedure that parties set up their specialized bodies for internal control and oversight (Revision and Control Committees), elect a Committee of Ethics and litigation. ,[object Object],Party statutory documents shall enable Members of the party to revise / amend the Statute with 2/3 of the delegates, delegated from territorial organisations of the party, which may endorse or amend the party program according to the existing legal provisions of the Charter. Further on, parties define specific responsibilities exercised by their executive representatives. ,[object Object],But, the law on political parties (2007) does not stipulate conditions for transparent and accountable activities for parties, excepting financial reporting, requested by the new law (art.30 – financial reports). ,[object Object]
Parties‘ internaldemocracy,[object Object],There is no explicit regulation of the ‚internal democracy’ concept in Law of 2007, but this can be inferred from constitutive requirements of the Ministry of Justice. ,[object Object],One of the main clauses in ensuring party’s internal democracy is recognition of the ‘equality’ of its members, and legality of its decisions. This is expressed through statutory mechanisms which shall resolve possible disputes or internal (party) disagreements, usually by litigating a solution between the parts, members and leadership, headquarter and local branches, etc. ,[object Object],As a last resort, Party members may set a complain to the Ministry of Justice, if they feel  their rights have been infringed or irregularities have marred integrity of the statutory documents. Art.12 of the Law on political parties requests parties to set necessary structures in charge with the oversight competence on finances and properties, thus establishing a right balance between the executive and deliberative bodies. As such, regular party conferences or conggresses shall address the issues of financial accountability, via institutionalized bodies of internal audit and financial controls. ,[object Object],Most of the political parties do not regulate strict quotas or other rules in their statutes for women, ethnic minorities or religious believers, or other kinds of minorities. In fact, the quota is not prescribed by the existing laws, which follows the general principle of the adherence of parties to the main freedoms, rights and obligations, according to the existing convents and normative instruments in Moldova.,[object Object]
Parties in Elections,[object Object],Since 1991, Moldova organized 7 election campaigns (5 parliamentary, 4 local and 2 presidential) - based on various electoral laws. Election law No. 1609-XII of October 14, 1993 introduced a limited proportional system for elections. Multiple-mandate electoral districts were set at the 2-level administrative-territorial units, while number of mandates for each district had to be proportional to the number of citizens eligible to vote / residing in that district. ,[object Object],In 1997, an Election Code was adopted in Moldova, aiming to provide a standardized organization of elections and codes of conduct for the CEC. Multiple-mandate districts were abolished, and elections were conducted on the basis of a fully proportional system, based on ‚one-country-one-constituency model’ (d’Hondt formula, proportional to the votes cast on favor of those parties and candidates, with additional redistribution). ,[object Object], ,[object Object],Debates over the ‘fairness and adequacy’ of the election system continued after 1997. Parties contested ‘fairness’, suggesting a revision of the existing system or significant improvements. ,[object Object],Council of Europe has also recomended to Moldova repeatedly serious revisions to the existing legislation on elections. In 2002, its Venice Commission stated that Moldova’s Electoral Code and the Constitution provide an “adequate framework for political parties and electoral blocs to enter the political arena on an equal basis, but that there are major setbacks needed to be eliminated”, such as: ,[object Object],[object Object]
abuses of administrative resources in campaigns,
exaggerated high threshold in elections,
prohibition of electoral blocks,
imperfect registration of voters,
low accountability of parties in financing their activities, etc.,[object Object]

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COUNTRY REPORT ON DOMESTIC REGULATIONS OF POLITICAL PARTIES IN MOLDOVA

  • 1.
  • 2.
  • 3.
  • 4.
  • 5.
  • 6.
  • 7. financing for registered political parties by the state, and stipulates specific mechanisms for accountability and transparent use of political finances
  • 8. additional restrictions on parties, which ‘militate against sovereignty, territorial integrity, democratic values and rule of law in Moldova, by its programmatic scope or specific activities, using in this regard illegal or violent means to achieve these goals, at the expense of fundamental freedoms and democracy’ (art.3-1).
  • 9. Reiterates prohibition of financing parties from abroad, or membership to foreign citizens.
  • 10. Bans functioning of regional political parties (art.8-d) - party members shall be based in at least half of the current territorial administrative units of II tier of Moldova’ (32 rayons, today), but not less than 120 members in each of the above mentioned territorial administrative units, in total - 1920 members.
  • 11.
  • 12.
  • 13.
  • 14.
  • 15.
  • 16.
  • 17.
  • 18.
  • 19.
  • 20. abuses of administrative resources in campaigns,
  • 21. exaggerated high threshold in elections,
  • 24.
  • 25.
  • 26.
  • 27.
  • 28.
  • 29.
  • 30.
  • 31.
  • 32.

Notes de l'éditeur

  1. In 2009, a physical person could donate to parties up to 1,570,000 lei, while a legal person – up to 3,140.000 lei. – Guide to parties on financing campaigns, CECInternational standards recommend restrictions to big donors, and encouragements to small donors. France – 7500 euro annually, but prohibit donations from large companies private, Latvija – physical persons – 41700 usd per year, the same for legal persons, Bularia – 4887 usd – physical, 14661 legal, Romania – 200 basic average salaries for physical, 500 basic minimal salaries for legal persons.
  2. Direct financing – subventions from the state budget to cover operational activities of parties and their participation in campaigns. Resources shall be allocated based on proportionality and equality. Strict proportionality is ensured by public support to the parties, measured in terms of votes accumulated or mandates.Indirect financing – free of charge broadcasting time, support provied to the party publications, political foundations, research, offices, etc.