MOLDOVA Trends and Developments Contributed by: Vladislav Roșca and Ina Jimbei, EFRIM, ROŞCA & Associates
EFRIM, ROȘCA & Associates MD-2012 72, București St. Chișinău
Republic of Moldova Tel: +373 222 383 01 Email: contacte@era.md Web: www.era.md
Introduction: A New Era of Reform and Resilience The Republic of Moldova is undergoing a broad pro- cess of modernising its legal framework, driven by structural reforms and a clear objective of aligning with European standards. In recent years, the country’s leadership has priori- tised strengthening the rule of law, combatting sys- temic corruption and improving the business environ- ment – all against the backdrop of regional challenges. The war in neighbouring Ukraine has tested Moldova’s resilience and led to increased alignment with West- ern policies, with the government intensifying judicial reform efforts and anti-corruption measures. For companies and investors, these trends and devel- opments within the Moldovan jurisdiction are essen- tial. They span a wide spectrum – from extensive judi- cial reforms and anti-corruption initiatives to targeted legislative amendments that enhance corporate gov- ernance and dispute resolution mechanisms. This overview highlights the most significant changes and current issues in Moldova’s litigation landscape, and their impact on the country’s business environ- ment. Judicial Reform and the Fight Against Corruption Since obtaining EU candidate status, the Republic of Moldova has further intensified its efforts and commit- ment to building an independent, accountable, pro- fessional and integrity-based justice sector. To ensure compliance with international judicial standards, the most significant reform projects in the sector have also undergone expert review by the Venice Commission.
Systemic reforms have advanced on several fronts, including constitutional amendments affecting the judicial system. These amendments were aimed at strengthening the constitutional principle of judicial independence, ensuring the stability of judicial man- dates, removing political influences from judicial careers, and revising the composition of the Superior Council of Magistracy (CSM). One of the most ambitious institutional transformation initiatives in the Republic of Moldova is the reform of the judiciary, designed to restore public trust and eliminate corrupt influences from the justice system. The process is structured in two distinct but comple- mentary stages: the pre-vetting phase, followed by the full vetting of judges and prosecutors. Pre-vetting: the integrity filter for key institutions Launched in 2022 through Law No 26 of 10 March 2022 on certain measures related to the selection of candidates for positions in the self-governing bodies of judges and prosecutors, the pre-vetting mecha- nism was introduced as a preliminary stage aimed at assessing the integrity of candidates for key positions within the judiciary and prosecution self-administra- tion systems – in particular, for the CSM and the Supe- rior Council of Prosecutors (CSP). The Pre-Vetting Commission, composed of both national and international experts, reviewed the assets, reputation and ethical conduct of these can- didates, rejecting individuals who did not meet the required integrity standards. The goal of this stage was to “cleanse” the selection mechanism for the leadership of the judicial system,
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