As a former justice minister (albeit briefly) in the government of then-prime minister Maia Sandu, and as a former judge on the European Court of Human Rights, I know the most difficult part of the journey will be reforming Moldova's weak judicial system (Photo: Unsplash)
With the European Union’s recent decision to begin accession negotiations with Moldova, attention is now turning to what my native country must do at home in order to succeed on its journey into Europe.
One thing is clear: it is going to be a complicated road to reform, one Moldova must travel quickly if it intends to meet the target date of 2030 for accession.
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Put simply, they were 'reforms for the sake of reforms' and the beneficiaries of these pseudo-reforms became those who worked in the system, while the beneficiary of them should have been the people of Moldova (Photo: Wikimedia)
As a former justice minister (albeit briefly) in the government of then-prime minister Maia Sandu, and as a former judge on the European Court of Human Rights, I know the most difficult part of the journey will be reforming Moldova’s weak judicial system.
To state a plain truth: at present, Moldova does not have a justice system worthy of a European Union member state; it is riven with corruption and lax and inconsistent standards, despite previous attempts at reform.
This frustration is reflected in Moldovan public opinion, with 95 percent of respondents to a recent survey identifying law reform as the cornerstone and priority of any Moldovan entry into the EU.
This concern is shared by our purported EU partners.
In fact, the Council of Europe and other European groups have issued report after report citing Moldova’s slow and inconsistent reforms, whether on justice, security, or the economy.
Sadly, most of the “reforms” to the justice system have shared a chaotic nature, and were done without a serious screening and identification of very real problems in Moldova’s system. Put simply, they were “reforms for the sake of reforms,” and the beneficiaries of these pseudo-reforms became those who worked in the system, while the beneficiary of them should have been the people of Moldova.
Tough times require tough measures
But reform we will have to, as one of the structural reforms required by the EU for accession is reducing corruption, something that is inextricably tied to the justice system. The reform of Moldova’s justice system would be difficult at the best of times, and these are not the best of times; Russia continues its onslaught of Ukraine and there is justifiable unease within Moldova about its territorial integrity, an issue that has plagued our country since the dissolution of the Soviet Union.
The Sandu government’s rather overzealous application of emergency law is also complicating efforts within Moldova to foster true democratic debate, the kind of robust debate we’ll need to create the support for structural reform.
Not everyone opposed to Europe or the Sandu government is a stooge of a foreign power and shutting down parties and media opposed to the government’s agenda is a sign of weakness, not confidence.
Putting my cards on the table: I am pro-European and support Moldova’s integration into the European Union. That said, our country must first learn how to crawl before we walk, let alone run, and the race to the European Union is a sprint.
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More to the point, if we enter Europe without first undergoing serious reform at home we will simply be opening the gate for Moldova’s best and brightest to flee their country, many of whom will leave for good, as we’ve seen in Romania and elsewhere in Eastern Europe when EU membership becomes a reality.
And so, we must do the hard work at home first, painful though that might be. We cannot simply announce that we have arrived at the final destination, as the current government appears to want to do.
Whether we Moldovans like it or not, corruption is deeply rooted in our education, psychology, and traditions of implementation of the law. Too often, incoming administrations have used the legal system to target its opponents. We cannot choose this path again.
We must view this newly opened pathway to the European Union as a carrot needed in order to accept the wielding of the heavy stick needed to get our institutions up to scratch. Fortunately, there are examples of successful accession processes around. A quick look at our neighbour Romania shows us that real reform is possible.
Now, then, is the time to be ambitious, even if that ambition means first putting the horse back in front of the cart and doing the hard work of reform at home before indulging any dreams of Europe. We must not join Europe only to see Moldova get left further behind.
Source: euobserver.com
