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| Dionis Cenuşa | |
The European officials continue to criticize the Moldovan authorities for the crisis in the banking system and the inefficiency of justice, but are yet patient in the relationship with the official Chisinau.
These request implementing the reform agenda, especially in the economic sector, but the call to ensure a functional legal system is even more resounding. This fact was confirmed within the visit paid by the EU Commissioner for Trade Cecilia Malmstrom on October 23, 2015. On this occasion, the European official expressed her concern about the non-solving of the bank frauds, including due to slow justice.
The crisis in the banking system highlighted the seriousness of the deficiencies of justice. In the Europeans’ view, this seriously affects the investment climate, the economic activity and internal production. In the absence of functional justice, it is impossible to maximally and sustainably benefit from the opportunities offered by the Deep and Comprehensive Free Trade Area (DCFTA). This thing was constantly stated by the EU Delegation to Moldova in 2015, being repeatedly underlined by Cecilia Malmstrom.
Lack of robust justice affects DCFTA
More than ever, the shortcomings in Moldovan justice, highlighted by the stealing committed in the banking system, jeopardize the efficiency and durability of Moldova’s economic integration into the EU. We speak not only about the identification and trying of the responsible persons, but also about the authentic reformation of the institutions that ensure the rule of law in the country (in particular, the Prosecutor General’s Office). The inexistence of integral, efficient and dynamic justice is seen as a key obstacle to attracting foreign investment and to stimulating internal investment. Without sufficient financial resources in the form of investments, the liberalization of trade with the EU is not sustainable. The implementation of the DCFTA envisions the modernization of economy, which implies costs that cannot be covered only with resources from the budget that is usually tight. In this connection, Cecilia Malmstrom called on the government to prove that the legal system of Moldova can be functional by punishing those who are to blame for the crisis in the banking system. Moreover, the European official suggested that justice should not be applied selectively and that “all” those to blame must be brought to justice.
Reforms depend first of all on the Moldovans
The responsibility for the success or failure of the reforms should be fully assumed by the Moldovan authorities. This fact was underlined by Cecilia Malmstrom, who recalled that Moldova is an independent country and the EU cannot implement reforms instead of the Moldovan authorities. This thing is often erroneously perceived in Moldovan society, where the illusion that the EU can or should take over the role and duties of the Moldovan authorities in fighting corruption, doing the justice sector reform and other things persists. From this viewpoint, the EU is in a delicate situation because the expectations of the pro-European segments of society are greater towards Brussels than towards the so-called pro-European political forces of Moldova, which are in disgrace. The latter realize this and tend to justify the failures in the European integration process by the lack of a more generous offer on the part of the EU (like the European perspective).
Moldova regarded as a “friend” of the EU
The banking scandal and all-embracing political corruption in Moldova led to the diminution of credibility in the so-called pro-European forces in all the European capitals. But this apparently didn’t affect, to the same extent, the general attitude of the European officials to the country, which continues to be regarded as a “friend” of the EU. Currently, Moldova enjoys positive treatment on the part of the EU based on the ‘more for more’ principle. But the repetitive irresponsibility of the political class can determine the EU to put into practice the ‘less for less’ rule. Thus, the volume of assistance provided by the EU would decrease considerably. This would have more painful consequences than the suspension of the financial assistance (more exactly, of the funds intended as budget support) that the EU conditions now with the signing of an agreement between Moldova and the IMF. Finally, the political volatility and the incoherence of the pro-European forces as regards the justice sector tests the Europeans’ patience, which is fading away, endangering Moldova’s status of “friend” of the EU.
Instead of conclusion…
The ensuring of correct, efficient and energetic justice is essential in the process of attracting the investments needed to extract benefits from the liberalization of trade with the EU. The punishment of those to blame for the offenses committed in the banking sector represents a test by which the EU wants to assess the rule of law in Moldova. Despite Europeans’ expectations, the ruling parties simulate the investigation and punishment of those who caused the banking crisis, ignoring the fact that the Europeans’ desire to further regard Moldova as a ‘friend” depends greatly on this.
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