The results of the first year of implementation of the mechanism 2%

The 2017 was the first year in Moldova when individual taxpayers had the right to designate 2% of their income tax to a noncommercial organization. Legal Resources Centre from Moldova made an analysis on the results of the first year of implementation of the 2% mechanism.

In the first year of implementation, 484 noncommercial organizations (413 associations, foundations and private institutions and 71 religious cults and component parts) have registered in the List of 2% Beneficiaries. Only 302 of them (about 62%), received percentage designations, 86% (260) of which are NGOs, and about 14% (42) - religious entities. The total number of organizations registered in the first year represents about 5% of the total number of non-commercial organizations registered in the Republic of Moldova.

In 2017, 21.204 taxpayers designated MDL 4,140,868.43 (circa USD 244,588/EUR 210,090) to the beneficiary organizations. They represent about 10% of the total number of taxpayers who filed their income declarations in due time (1 January – 2 May 2017). On the average, in 2017, each taxpayer designated MDL 195 (USD 11.51 / EUR 9.89).

Only 68% of the amount designated by the taxpayers were transferred to the beneficiary organizations (MDL 2,821,243.60 (approximately USD 166,642 / EUR 143,138).) About 24% of the number of designations and 32% of the designated amount (MDL 1,319,624) were invalidated because of the debts on income tax, not paid by taxpayers for the current or previous years.

After the validation of the designations, 90% of the amounts went to the NGOs (MDL 2,543,114.45), and 10% to the religious entities (MDL 278,129.15). The largest amount received by an organization in 2017 was MDL 1,374,555.89 (USD 81,190 / EUR 69,739), which represents 49% of the total amount validated. The beneficiary of this amount is the Public Association of Veterans and Pensioners of the Ministry of Internal Affairs of the Republic of Moldova.

The complete information on the first years of the implementation of the 2% mechanism is available here.

The report was drafted within the project "Promotion of the 2% designation mechanism in the Republic of Moldova" implemented with the support of the European Center for Not-for-Profit Law (ECNL) and FHI360 Moldova and was possible by the generous support of the American people through the United States Agency for International Development (USAID).

The report in Romanian is available here

The report in Russian is available here

 

Note: According to the official exchange rates as of June 25, 2018: USD 1 = MDL 16.93; EUR 1 = MDL 19.71, http://bnm.md/en/content/ratele-de-schimb.

 

LRCM was awarded at the European Union Awards Gala for Civil Society

On 12 July 2018, the European Union (EU) awarded the tangible achievements and initiatives of civil society organizations at national, regional and local level that had a lasting and positive impact on democracy, economic development and social cohesion in the Republic of Moldova and have promoted European values. Project competition was organized on the basis of a nomination or self-nomination process, aiming at identifying the best actions undertaken with EU support.

The Legal Resources Centre from Moldova (CRJM) was one of the evening's award winners. The project "Promoting equality – Strengthening the agents of change", implemented between 1 February 2014 and 31 January 2016, in partnership with the Euroregional Center for Public Initiatives (ECPI), was awarded the special mention "ADVOCACY FOR CHANGE".

The project aimed at raising the awareness of the population on the equality and non-discrimination in the Republic of Moldova as well as to empower teachers, social workers and the legal community so that they subsequently act as agents or factors of change in society, because they are able to prevent discriminatory actions and attitudes and to multiply the correct message in their communities.

More information on the results achieved within the project can be found here.

Watch the EU Gala for Civil Society:

Only the Government and the Judicial System Are Responsible for Failures in the Justice Sector

The member organizations of the National Platform of the Eastern Partnership Civil Society Forum, signatories to this Statement, express their deep concern and indignation regarding the current Government’s shrinking from the responsibility for the failure of the justice sector reform and shifting it to the development partners and civil society.

On 5 July 2018, the European Parliament adopted a resolution on the political crisis in Moldova following the invalidation of the mayoral elections in Chisinau. The European Parliament, among other things, expressed its grave concern over the further deterioration of democratic standards in Moldova, as well as regarding the lack of independence of the judiciary, urging the European Commission to suspend budgetary support and macro-financial assistance for the Republic of Moldova. The High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission, Federica Mogherini, confirmed the decision to put on hold the disbursement of the first tranche of the macro-financial assistance reserved for the Republic of Moldova.

On 6 July 2018, the Ambassador of the European Union (EU) and the ambassadors of EU member states to Chisinau met with the Prime Minister Pavel Filip and the members of the Cabinet to inform them about the EU position after the invalidation of elections in Chisinau. After the meeting, the Delegation issued a brief statement.

On 7 July 2018, the Cabinet of the Republic of Moldova issued a press release with its own clarifications regarding the meeting of 6 July. According to the press release, the resolution of 5 July 2018 is wrongful towards the Government and is politically charged, noting that „[…] all commitments to receive EU funding have been fulfilled, and the decision to suspend the funding is unjustified and represents an interference into the internal policy of the Republic of Moldova”. Moreover, the press release states that the Prime Minister has called the attention of the EU Ambassadors to the fact that „if things are not going as they have to in the justice sector, it is the responsibility of both the Government and the European partners as well as of the representatives of civil society who participated in the implementation of the justice sector reform“. The Prime Minister also noted that the information sent by the EU Delegation to Chisinau to the European officials is incomplete and asked for „this approach to be revised and notes sent to be objective".

In this context, we express our grave concern and indignation regarding:

  • the way in which the Cabinet and the Government as a whole has chosen to react to the resolution of the European Parliament of 5 July 2018 and to the EU position on the invalidation of the election results in Chisinau municipality and the unprecedented language to which a high-ranking official of the Republic of Moldova has resorted, making unfair accusations regarding the way of the EU Delegation to Chisinau is informing the European officials, even giving instructions to foreign diplomats regarding what kind of information they should send to the EU institutions.
  • the Government’s shrinking from the responsibility for the state of affairs in the justice sector, shifting the responsibility for the failures of the justice sector reform to development partners and civil society representatives.

We have to draw Government and public opinion’s attention to the fact that the responsibility for justice sector reforms rests only with the national authorities - the Parliament, the Government and, to a large extent, with the judiciary. The Cabinet, the parliamentary majority and the current Government as a whole bear the greatest responsibility for not promoting systemic reforms and policies aimed at ensuring the independent functioning of the judiciary and law enforcement institutions that are free from the influence of affiliated economic and political groups. They also bear responsibility for not using all the tools available to the Government and the Parliament to prevent the enforcement of court decisions that attack the fundamental right of citizens to elect and be elected. Dangerous practices have been instituted in the judiciary, and political influence on judges and prosecutors, a common phenomenon for the entire state apparatus, has increased.

The press release of the Government of the Republic of Moldova of 7 July 2018 states that the Government will remain firmly committed to the European path, the only viable strategic direction for modernizing the country.

In this context, we recall that the fundamental values on which the European Union is based, shared by all Member States and assumed by the Republic of Moldova under the Association Agreement with the EU, are: human dignity, freedom, democracy, equality, the rule of law and human rights.

Therefore, we urge the Government and all the authorities of the Republic of Moldova to respect these values, to abandon the practices established in recent years that are contrary to these values and to ensure the implementation of these values into life in the interests of the citizens of the Republic of Moldova. 

 

Declaration in Romanian is available here.

Declaration in English is available here.

Declaration in Russian is available here.

 

Signatories:

Legal Resources Centre from Moldova

Institute for European Policies and Reforms

Association of Independent Press

Transparency International Moldova

Institute for Development and Social Initiatives „Viitorul”

"MilleniuM" Training and Development Institute

Foundation for Development

Eco-Tiras International Association of River Keepers

BIOS Public Association

Expert-Grup

Association Terra-1530

Centre for Policies and Reforms

Foreign Policy Association

Institute for Public Policy

Association for Efficient and Responsible Governance

Foundation for Education and Development

Est Europe Foundation

Centre for Independent Journalism

Labour Institute

Association of Professional and Business Women

National Youth Council of Moldova

Ecological Movement from Moldova

National Association of European Trainers from Moldova

International Centre “La Strada”

National Environmental Centre

National Roma Centre

Union of Organizations for Disabled from Moldova

Association for Rehabilitation of the Disabled from Moldova

Promo-LEX Association

 

(the list is open for signing)

 

 

A new group of lawyers and trainee lawyers have improved their knowledge in the field of ECHR

Between 28-30 June 2018, the Legal Resources Centre from Moldova (LRCM) organized an advanced training seminar for lawyers and trainee lawyers in the field of European Convention on Human Rights (ECHR).

The training program was conducted over three days and aimed at training lawyers and trainee lawyers in the area of ​​ rules for application to the European Court of Human Rights (ECtHR), issues regarding the fairness of criminal proceedings, guarantees of art. 6 ECHR on criminal charges and the contradictory nature of criminal proceedings.

The trainers in the seminar were Vladislav GRIBINCEA, Executive director of LRCM, and Dragoş CUCEREANU, lawyer, ECHR Registry.

On the first day of the seminar were made the theoretical presentations, and the other two days were dedicated to simulating the procedure before the ECtHR based on three practical cases. The participants were divided into three groups and in this format elaborated the "Government's observations", "the complainant's remarks", presented the cases in the "hearings" before the "EctHR” and elaborated "ECtHR rulings" based on each practical case. Each group of participants had a distinct role in each practical case.

The seminar hosted 23 lawyers and 1 trainee lawyer, and was conducted in collaboration with the Lawyers Training Center and was possible by the generous support of the American people through the United States Agency for International Development (USAID) within the project "Promoting the rule of law in Moldova through civil society oversight”, implemented by the Legal Resources Centre from Moldova.