From January 2008 to February 2009 the Centre for Analysis and Prevention of Corruption (CAPC) has implemented the project “Monitoring the Implementation of Chapter V of the Threshold Country Plan (TCP) by the Centre for Combating Economic Crime and Corruption (CCECC)”. The project monitors actions aimed at improving the operation of the Centre for Combating Economic Crime and Corruption. This activity represents one of the priorities of the Threshold Country Plan (TCP) – Strengthening Civil Society Monitoring Capacity in Moldova (SCSMCM).
The goal of the monitoring activity consists in objective assessment of transparency and capacity of the Centre for Combating Economic Crime and Corruption to prevent and combat corruption and to come up with legal and institutional solutions and recommendations that would improve the governance. Through this monitoring activity, CAPC intends to assess the quality of TCP implementation.
The monitoring process is run according to the Methodology for monitoring of progress and real impact of anti-corruption policies from the perspective of implementation of the Threshold Country Plan of he Republic of Moldova under the US “Millennium Challenge” programme and of the Government Decision no. 32 dated 11.01.2007, by the Centre for Combating Economic Crime and Corruption. The monitoring results are presented in the CAPC monthly and quarterly reports.
See the text of Methodology.
The Strengthening Civil Society Monitoring Capacity in Moldova programme that covers monitoring activities is financed by the Millennium Challenge Corporation (MCC) and administered by the United States Agency for International Development (USAID) within the Threshold Country Plan for Moldova (TCP). The SCSMCM programme has been implemented by the Academy for Educational Development (AED) in the period July 2007 – March 2009.
This activity became possible due to support of the Academy for Educational Development (AED) under the SCSMCM programme, based on the cooperation agreement with the United States Agency for International Development (USAID).
Summary of the CCECC monitoring report for quarter I, 2008
The findings presented below serve as benchmarks (concepts for comparison of situation) for further monitoring.
The comments presented below refer to the following:
1. CCECC actions in line with TCP and GD 32 that did not reach the deadline
2. CCECC actions in line with TCP and GD 32 that reached the deadline.
1. CCECC actions in line with TCP and GD 32 that did not reach the deadline. Actions foreseen in GD 32 I.6-I.23, II.24-II.26, II.28-II.32 and III.33-III.38 did not reach the deadline; however we should note the earlier implementation by CCECC of the following actions:
- I.10 „Development and identification of implementation methods of Information Strategy”. CCECC developed and approved this Strategy, received comments from the civil society and from representatives of international organizations, however it did not take into account those comments upon its approval. CCECC representatives stated that the comments will serve as basis for a revised version of the approved Strategy, without mentioning the time when this will be done. At the same time, placement of the Strategy text under “news” section of the CCECC website, without any invitation for submission of contributions from mass-media, testifies to a poor publicity of this document and a low level of cooperation with mass-media upon its development and implementation.
- I.11 „Upgrading of CCECC website” – launched on 9 April 2008.
- II.28 „Development and implementation of a mechanism to assess the level of professional compliance and integrity of CCECC employees”. Upon the date of launching of the CCECC website, it was possible to view the information regarding the commencement of these activities by the Internal Affairs Department.
It should also be mentioned that in relation to action I.18 “Strengthening the capacity to protect persons providing assistance in a criminal trial; provision of training for development of efficient techniques and strategies”, activity that did not reach the deadline, CAPC monitors took already actions to monitor the situation (developed questionnaires).
2. CCECC actions in line with TCP and GD 32 that reached the deadline. Among actions that reached the deadline were the following:
- Implemented measures:
- „I.2 Publication of CCECC new structure on its website (the structure could be more detailed (names and general information on subdivisions: services, sections);
- „I.3 Ensure transparency of the CCECC budget through placement of budget on the website, broken down by expenditure lines (there are some divergences in this respect between TCP and GD 32)
- Partially implemented measures:
- „I.1 Establishment of departments for intelligence investigations and prevention through the development of mechanism for restructuring and cooperation with other CCECC subdivisions”. A GD on the new structure was adopted, although in fact the departments have not been yet established (establishment of all subdivisions, approval of their regulations, job descriptions, establishment of methods of interaction, etc.).
- „II.27 Revision of employment policy within the CCECC subdivisions”. According to CCECC, the draft Regulation on competitive recruitment, selection and employment in CCECC and draft guidelines on professional performance evaluation, attestation and career advancement within CCECC, were developed. According to CCECC, these drafts cannot be approved because the recommendations of American counterparts stipulate the need to monitor the employment policy through the Civil Council that has not been established so far.
- Non-implemented measures:
- „I.4 Development and publication of the Annual Report on the use of budget by budget line” (there are no predefined criteria regarding the content and procedure for development of the Report).
- Measures not implemented, due to reasons independent on CCECC:
- „I.5 Identification of NGOs with relevant experience to take part in the activity of the representative civil society group”. In this regard, the problem of creation and operation of the Civil Council needs to be conceptually solved.
Although it did not reach the deadline, the implementation of activities “1.6 Development of regulations on the composition, goals, responsibilities, status of civil society representative group and establishment of mechanisms to ensure its independence” and “1.7 Training for the preparation of civil society representative group to ensure the transparency of its activity, establish and promote hotlines, formulate recommendations to the CCECC management”, will face the same conceptual problem, as mentioned above, referring to measure I.5.
Summary of the CCECC monitoring report for quarter II, 2008
While finalizing the monitoring of implementation of TCP and GD 32 in quarter II of 2008, it was noted that out of the total number of actions (38), CCECC has already implemented 10, and 2 were carried out partially. One action has not been implemented yet due to reasons independent from CCECC. The remaining 26 actions have not reached their deadlines by the end of quarter II and are still ongoing.
Concerning the availability, relevance, efficiency and effectiveness of anti-corruption measures aimed at the implementation of GD 32, it can be stated that:
- CCECC is exposed to corruption risks, generated by the high degree of administrative discretion and combination of control functions and criminal investigation. It should be mentioned that according to the IT survey, people’s trust in CCECC is twice higher (30,6%) than the trust in MOI (15,8%) and in customs authorities (15,4%). At the same time, CCECC is less credible than tax authorities (38,5%). We assume that the high credibility of CCECC among citizens as compared to other legal bodies is determined by efficient activity of its Internal Affairs Department.
- The impact of anti-corruption policy within CCECC will not be tangible as long as CCECC’s considerable efforts (training, press conferences, round tables, informal meetings, concepts, etc.) will not be technically and financially supported.
Summary of the CCECC monitoring report for quarter III, 2008
While finalizing the monitoring of implementation of TCP and GD 32 in quarter III of 2008, it was noted that out of the total number of actions (38), CCECC has already implemented 13 actions, and 3 actions were partially implemented. The remaining 22 actions have not reached their deadlines by the end of quarter III, and are still ongoing.
Concerning the availability, relevance, effectiveness and efficiency of anticorruption measures directed at the implementation of GD no.32, it was noted that:
- CCECC is still exposed to the risk of corruption, generated by the high degree of administrative discretion. However, we should note the rather efficient work of the CCECC Internal Affairs Division.
- The impact of anti-corruption policy within CCECC will not be tangible as long as CCECC’s considerable efforts (training, press conferences, round tables, informal meetings, concepts, etc.) will not be technically and financially supported .
