The Justice Experts Group (JEG) within the Institute for European Policies and Reforms (IEPR) has issued a position paper on the draft law adopted by Parliament on February 20, which proposes the creation of the Anti-Corruption and Organized Crime Prosecution Office (PACCO). Experts argue that the draft law fails to provide sustainable solutions for strengthening the fight against political corruption and the illegal financing of political parties, nor does it address potential blockages in investigating and prosecuting organized crime cases.
Furthermore, the current version of the draft law should not be promoted in its existing form, as it requires significant conceptual improvements. Lawmakers must thoroughly assess the impact on the judiciary, particularly on the prosecution system, before adjusting the legislation. According to experts, the document does not comply with the legal requirements set out in Law No. 100/2017 on normative acts. Also, it should not have been submitted to Parliament for a first reading, given that its concept does not ensure a coherent balance between competing regulations and bypasses essential pre-adoption stages for legislation of such importance.
“In its current form, the draft law contains multiple deficiencies and risks that could seriously undermine the fight against corruption and organized crime. To prevent these issues, experts must thoroughly revise the text, conduct extensive consultations, assess the impact, and develop a well-structured transition plan. Rushing its adoption could lead to institutional chaos and weaken Moldova’s ability to combat corruption and organized crime. Therefore, decision-makers must consider the outlined recommendations to ensure an effective and well-founded reform,” IPRE stated in its release.
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The expert group’s recommendations to Parliament include:
- Conducting broad public consultations before the final adoption of the law;
- Seeking and considering the opinion of the Venice Commission and other relevant international bodies, particularly the European Commission, given the law’s significant impact on the justice system and Moldova’s EU accession negotiations;
- Carrying out a detailed impact analysis on the affected institutions and the prosecution system as a whole;
- Removing provisions that undermine the independence of prosecutors;
- Establishing an explicit and fair mechanism for transferring prosecutors and support staff;
- Defining a well-structured transition plan to prevent investigation blockages;
- Clarifying the budgetary impact and identifying the necessary resources for implementation.
The draft law establishing PACCO was passed in the first reading on February 20, 2025, with 61 MPs voting in favor, 21 against, and two abstaining. The electronic voting system malfunctioned during the session, leading MPs to vote by raising their hands.
The document has undergone public consultations, with additional rounds planned. Parliament will review the draft law in a second reading.
PACCO will specialize in two key areas: combating corruption-related crimes and tackling organized crime, terrorism, and torture. The institution will lead criminal investigations in cases handled by specialized investigative bodies, conduct prosecutions in cases assigned by the Prosecutor General, and represent the prosecution in trial, appeal, and cassation courts.