The study on the effectiveness of corruption expertise of legislation was made by Centre for the Analysis and Preventing Corruption (CAPC) during Joint Project of the European Commission and the Council of Europe against corruption, money laundering and terrorist financing in the Republic of Moldova (MOLICO). This study aimed at analyzing the effectiveness of identification process of legal provisions likely to
facilitate corruption acts. The study also assesses the extent to which Parliament took into account the observations and recommendations of CAPC to avoid inclusion of corruptionelements in laws passed.
Chisinau, July 8, 2009 - During October 1, 2006-January
31, 2009, CAPC analyzed 304 draft legislation acts placed on
the website of Parliament and 13 projects submitted
to the expertise of other authorities to identify the provisions likely to
facilitate the acts of corruption.
The effectiveness of corruption survey
reports was assessed by monitoring the acceptance by Parliament and the
Government of the observations and recommendations of CAPC. From total of 3684 identified objections 258 projects adopted in
1916 were accepted, representing a yield of 52.01%.
been identified two major factors influencing the acceptance by the legislature
of CAPC recommendations. The first factor refers to Parliament’s complianceof the terms of cooperation with civil society. In case of
breach of these terms, efficiency survey reports decreases till 25.5%. The
second factor relates to the quality of the authors of draft laws.Namely, the lowest efficiency of corruption expertise is
certified at the projects elaborated by the Information and Security Service(8,5 %), Ministry of Information Development (17,6 %) and Office of Public Prosecutor (18.2%). On the other hand, if the most active authors of the draft
laws, such as the Ministry of Justice, efficiency reports CAPC is almost 60%. Ministry
of Justice calls frequently CAPC’s view even before the project presentation in Parliament.
Efficiency of corruption expertise in the package of laws is estimated at
only 38.4%. The 8-corruption related laws adopted in
2007-2008 have been surveyed on corruptibility,
but its effectiveness was well below expectations. We consider the
Law on Preventing and Combating Corruption, the Law on conflict of interests, Law on public service and public servant
status, Law on
checking holders and candidates for public office, Code of
conduct for civil servants, the Law on
transparency in decision making process, Law on political parties and Law on control and prevention of moneylaundering and terrorist financing.
expertise confirmed its viability as a measure to prevent
succeeded to persuade the
Legislature on the merits of potential bribery concerns regulations. Implementation
of this measure for 3 years increased the transparency in the legislative process.
However, only legislative effort itself is not sufficient to eradicate corruption,but may
cause essential changes by obstructing the adoption of
legislation with provisions that could create favorable conditions for
the abuses committed by public officials.