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Launch study on the Effectiveness Mechanism of the Corruption Proofing of Draft Legislative Acts

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%.

There have 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.

The corruption expertise confirmed its viability as a measure to prevent corruption and 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.