Foreign Affairs on May 16–31, 2011

European integration

New EU vision on relations with neighbours

On May 25, 2011, the European Commission released “A New Response to a Changing Neighbourhood” Communication which revitalises the Neighbourhood Policy to respond to political relations with close neighbours. The European Commission admits that the EU approach towards neighbouring states was little flexible and did not often respond to their current needs. Therefore, despite efforts to sustain political and economic reforms in neighbouring countries, few of them proved a lasting progress. The Commission says that the new approach must be based on mutual accountability and a shared commitment to the universal values of human rights, democracy and the rule of law.

The new approach of the European Commission aims to:

Provide greater support to partners engaged in building deep democracy and respect for human and civil rights;
Support inclusive economic and social development of partner states;
Strengthen the two regional dimensions: the Eastern Partnership and the Southern Mediterranean;
Provide instruments and mechanisms fit to deliver the new ENP objectives.

A functioning democracy, respect for human rights and the rule of law are fundamental pillars of the EU partnership with its neighbours. The progress will be assessed on basis of the following indicators:

Free and fair elections;
Freedom of association, expression and assembly and a free press and media;
The rule of law administrated by an independent judiciary and right to a fair trial;
Fighting against corruption;
Security and law enforcement sector reform and the establishment of democratic control over armed and security forces.

The European Commission awards a special role to civil society in implementing the revitalised ENP. In order to develop and support capacities of NGOs from partner countries, the Commission will establish a mechanism called Civil Society Facility.

As well, a European Endowment for Democracy will be established to support, in particular, NGOs, parties, trade unions and other social partners unregistered for political reasons.

ENP Country Progress Report 2010 on Moldova

The day when it made public the revitalised ENP, the European Commission released progress reports on partner states in the European Neighbourhood Policy framework. According to the European Commission, notwithstanding the unresolved political stalemate over the election of the next President of Moldova, the latter made good progress overall in most areas of the Action Plan with the European Union, both in the legislative field and at the reform implementation level.

Efforts were initiated to address the administrative capacity problems underlined in previous Progress Reports. The Republic of Moldova ratified, without territorial reservations, the Rome Statute of the International Criminal Court. Thanks to a dynamic and constructive political dialogue and cooperation with the EU, the Republic of Moldova was able to secure an unprecedented level of assistance from its international partners for the coming years.

At the same time, the European Commission notes that the underlying political uncertainty and resource constraints prevented large-scale reform. Efforts to improve the functioning of market economy and business environment did not produce great results. More sustained efforts are needed in 2011 to prevent violation of human rights and fundamental freedoms, improve functioning of market economy and business and investment climate, reform the judiciary, prosecution and police, ensure the rule of law, ensure neutrality of public mass media, combat trafficking in human beings, and improve the adjustment of labour force demand to qualification perfecting process.

Bilateral cooperation

Republic of Moldova — Romania

Two events marked the dynamic evolution of Moldovan-Romanian relations in the second half of May. The Romanian consulate in Ungheni opened on May 26 and the first Romania-Moldova Cross-Border Agricultural Forum took place on May 27.

Taking part in opening of the consulate were foreign ministers of the two countries. Later, Romanian Foreign Minister Teodor Baconschi had a working meeting with Moldovan Minister for Foreign Affairs and European Integration Iurie Leanca in Chisinau and discussed preparations for a common sitting of governments of the two states, areas in which Romania could sustain Moldova’s European integration efforts, and launching of cross-border projects.

Baconschi said after the meeting that one part of the 100-million-euro grant offered by Romania to Moldova will be directed to scope projects, of which the first could be the construction of the Drochia-Ungheni-Iasi gas interconnector. This line will be able to carry gas from the Russian monopoly Gazprom to Romania, and will link Moldova to the Margineni-based gas store, where Moldova could store its strategic gas reserve. At the same time, the Romanian foreign minister called for the signing of a European integration treaty between Moldova and Romania, not of a basic treaty which he described as out-of-date. The two countries will work out in the near future an intergovernmental action plan to implement the declaration on strategic European integration partnership between Romania and Republic of Moldova signed on April 27, 2010 by the then interim president of Moldova, Mihai Ghimpu, and Romanian President Traian Basescu. The action plan could be discussed at the common sitting of governments of the two states in July 2011.

The Romania-Moldova Cross-Border Agricultural Forum held in Cahul aimed to activate bilateral economic relations, particularly in agriculture sector, by boosting confidence between producers/farmers and processors, improve business climate, and encourage exchange of experience and good practices. The forum brought together more than 200 representatives from Moldova and Romania.

Republic of Moldova — Ukraine

Despite official press releases which say that Moldovan-Ukrainian relations are redressing, developments in late May signal that they are as problematical as they were before. First, the director of the Information Policy Department of the Ukrainian Foreign Ministry, Oleg Voloshin, released a declaration on May 20RU to inform that Ukraine will stop demarking the border with Moldova as long as the latter does not officially deliver the section of the Odessa-Reni highway near the Palanca village to Ukraine. According to the Ukrainian official, any other problematical issues from Moldovan-Ukrainian agenda will not be considered before the resolution of this problem, and Ukraine is ready to introduce bitterer measures if its national interests are harmed. The response of Moldova’s Foreign Ministry given indirectly during a news conference by Deputy Foreign Minister Andrei Popov was that ministries of the two countries are close to an agreement on demarcation of the common border, which will be completed at the next sitting of the joint commission in charge with demarcation of the state border between Moldova and Ukraine. The agreement will also cover the problematic sections near Palanca, Giurgiulesti and Novodnestrovsk.

The second problem which maintains the status-quo in Moldovan-Ukrainian relations is the decision of Moldova to veto the establishment of an expert group in the World Trade Organisation (WTO), which would settle the commercial dispute between Ukraine and Moldova (concerning the ecological tax imposed by Moldova for products imported in plastic packing and tetra-pack). Ukraine submitted a demand in this regard to the WTO on February 17, 2011. Ukraine will be able to repeat the same demand until June 6, 2011 and its application would be accepted automatically. The Moldovan side explains its decision by the wish to go on with bilateral consultations, with the draft decision on amendment of the law on ecological tax being expected to be delivered to the Moldovan Parliament in the near future in order to be adopted.

Republic of Moldova — Russia

Moldovan officials meet Russian counterparts in the second half of May and discussed the Transnistrian settlement issue in particular. On May 28, a group of PCRM deputies led by the PCRM candidate running for the seat of mayor-general of Chisinau municipality, Igor Dodon, was on a working visit to Moscow and had meetings with the head of the Russian presidential administration, Sergei Narishkin, and Moscow Mayor Sergei SobyaninRU. According to press reports, the talks focussed on extension of Moldova-Russia cooperation, existing problems related to cooperation between capitals of the two countries and possibility to take over Moscow’s experience in implementing investment and infrastructure projects. Journalists and political commentators interpreted the visit as an indirect political support of Russia for the PCRM candidate running for the seat of Chisinau mayor at the June 5, 2011 local elections.

Republic of Moldova — Germany

A Moldovan governmental delegation led by Prime Minister Vlad Filat was on a working visit to Germany during May 17–20. While on visit, Premier Filat met Federal Chancellor Angela Merkel. According to a communication by the governmental press service, the interlocutors tackled issues relating to the current level of Moldovan-German relations, the European course of Moldova and short and medium-term development prospects. The talks particularly focussed on the Transnistrian issue and latest developments. The sides stressed the necessity of unconditionally resuming the 5+2 negotiations. Angela Merkel stated that while discussing with Russian President Dmitri Medvedev, the latter called for the acceleration of efforts aimed to find a solution which would reintegrate the Republic of Moldova. As well, the German chancellor noted that the European Union is in charge with finding a solution to the Transnistrian conflict. The Moldovan delegation attended the Moldovan-German economic forum.

Multilateral cooperation

Republic of Moldova — Council of Europe

ECHR judgments

The ECHR has pronounced decisions regarding the fair remedy of the following four casesRO: Megadat. Com SRL vs. Moldova, Ganea vs. Moldova, Bisir and Tulus vs. Moldova, and Mocanu vs. Moldova.

The Court established violation of the protection of property rights in the case Megadat. Com SRL vs. Moldova. The Government pledged to pay 120,000 euros to the applicant as fair remedy and 10,000 euros in costs and expenses.

The Court established violation of the right to freedom and security and the right to an appropriate appeal in the case Ganea vs. Moldova and granted 6,000 euros to the applicant as compensations.

The Court established violation of the right not to be subject to torture and ill-treatments, and the right to private life and family in the case Bisir and Tulus vs. Moldova. The Court obliged the Government to grant 17,400 euros to applicants in non-pecuniary damages and 1,200 euros in costs and expenses.

The Court established violation of the rights to a fair trial and protection of property in the case Mocanu vs. Moldova.

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