#Justice4Moldova: POSITION PAPER on the draft law no. 40/2025 on the Anticorruption Prosecutor’s Office and Combating Organized Crime

This opinion is formulated in the form of a position paper of the Group of Experts in the Field of Justice from the Institute for European Policies and Reforms (IPRE), in response to the invitation of the Legal Committee, Appointments and Immunities of the Parliament of the Republic of Moldova, expressed in letter no. CJ04/9 of 17 February 2025, also addressed to the Institute for European Policies and Reforms. The opinion concerns the draft Law on the Prosecutor’s Office for Anticorruption and Combating Organized Crime, registered in the Parliament of the Republic of Moldova on 12 February 2025 under no. 40 (hereinafter – draft law no. 40/2025).

The authors of the opinion consider that the draft law no. 40/2025:

• does not provide sustainable solutions to strengthen the fight against political corruption and illegal financing of political parties, nor does it solve any bottlenecks in the investigation and prosecution of criminal cases on organised crime.
• should not be promoted in its current form, as it requires significant conceptual improvements. These improvements must be preceded by a serious assessment of the impact on justice and, in particular, on the prosecution system.
• does not comply with the rigours established by Law no. 100/2017 on normative acts and should not have been proposed to the Parliament for adoption in the first reading, as long as its concept does not ensure a coherent balance between the competing regulations and is promoted by circumventing the stages prior to the adoption of a normative act of such magnitude.

In its current form, the draft has multiple shortcomings and risks that can seriously affect the fight against corruption and organised crime. To avoid these problems, a thorough revision of the text is needed, based on extensive consultations, impact studies and clear transition planning.

Its hasty adoption could generate institutional chaos and affect the Republic of Moldova’s ability to fight corruption and organized crime. Therefore, the recommendations outlined below must be taken into account to ensure an effective and well-founded reform.

Key recommendations:

• Organising extensive public consultations before the final adoption of the law;
• Request and take into account the opinion of the Venice Commission and other relevant international bodies, in particular the European Commission, given the significant impact of the project on the justice system, as well as on the negotiation process for the accession of the Republic of Moldova to the EU;
• Carrying out a detailed impact analysis on the institutions concerned and the prosecutor’s office system in general;
• Elimination of provisions affecting the independence of prosecutors;
• Ensuring a clear and fair mechanism for the transfer of prosecutors and auxiliary staff;
• Establishing a well-defined transition plan to avoid blockages in the investigation of files;

Clarifying the budgetary impact and identifying the resources needed for implementation.

You can find more details in the Position Paper, available here.

This position paper was prepared within the project “Ensuring the Integrity, Efficiency, and Independence of the Justice System in Moldova – #Justice4Moldova,” implemented by the Institute for European Policies and Reforms (IPRE) in partnership with the Institute for War and Peace Reporting (IWPR), funded by the European Union and co-financed by the Soros Foundation Moldova. The content of this study is the sole responsibility of the author and cannot, under any circumstances, be considered as representing the official position of the European Union, or the Soros Foundation Moldova.