The document summarizes the EU-Moldova relations in the context of Moldova's Government Activity Program "European Integration: Freedom, Democracy, Welfare" from 2009-2013. It discusses how European integration is a top priority for Moldova and the authorities responsible for implementing the integration agenda. It also examines the current status of EU-Moldova relations and the steps Moldova's government has taken to achieve the objectives of European integration.
The document summarizes the EU-Moldova relations in the context of Moldova's Government Activity Program "European Integration: Freedom, Democracy, Welfare" from 2009-2013. It discusses how European integration is a top priority for Moldova and the authorities responsible for implementing the integration agenda. It also examines the current status of EU-Moldova relations and the steps Moldova's government has taken to achieve the objectives of European integration.
The document summarizes the EU-Moldova relations in the context of Moldova's Government Activity Program "European Integration: Freedom, Democracy, Welfare" from 2009-2013. It discusses how European integration is a top priority for Moldova and the authorities responsible for implementing the integration agenda. It also examines the current status of EU-Moldova relations and the steps Moldova's government has taken to achieve the objectives of European integration.
The document summarizes the EU-Moldova relations in the context of Moldova's Government Activity Program "European Integration: Freedom, Democracy, Welfare" from 2009-2013. It discusses how European integration is a top priority for Moldova and the authorities responsible for implementing the integration agenda. It also examines the current status of EU-Moldova relations and the steps Moldova's government has taken to achieve the objectives of European integration.
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CONTENTS
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Hankuk University of Foreign Studies Graduate School of International and Area Studies The Department of European Union Studies Seoul, 2012
EU-Moldova relations in the context of the Republic of Moldova Government Activity Program European Integration: Freedom, Democracy, Welfare 2009-2013
Ina Virtosu
Abstract The European integration is an irreversible strategic objective of the foreign and domestic policy of the Republic of Moldova. All program documents - foreign policy conception, governing programs etc. that have been adopted from the declaration of independence until now contain appeals to the European Union to accept Moldova as a future member-state. The Republic of Moldova signed the Moldova-European Union Action Plan on 22 February 2005 in Brussels within the frameworks of the European Neighborhood Policy (ENP). This document includes the strategic objectives and specific actions for achieving these objectives. The implementation of the Action Plan will enhance considerably the process of legislative approximation and adjusting to the EU standards and will create proper conditions to advance the level in relations with the EU. The past and present of EU-Moldova relations can be framed between two main periods: February 2005, when the joint ENP Action Plan was launched to trigger the first stage of cooperation; and January 2010, when the EU and Moldova started negotiations on an Association Agreement. In this timeline the European Union has continually increased the volume of assistance provided to Moldova. The peaceful and democratic transfer of power that took place in Moldova in 2009, as well as the determination of the new government to give new impetus to the course of European integration by accelerating the reform process, opened up new opportunities and prospects for Moldovas cooperation with its partners, particularly the EU. Since then, relations with the EU have improved significantly. However, which concrete measures were adopted by the Republic of Moldova Government to achieve of the objectives of the European Integration? Contents
I. The general background of EU-Moldova relations...1 1. The European Integration fundamental priority in a Republic of Moldova Government Program..1 2. The authorities responsible for implementation of the European integration agenda....3
II. What role should the EU play in Moldova EU integration?.....................................4 1. Current status of EU-Moldova relation4 2. The Republic of Moldova Government implication in achieving EU integration.6
Recommendation..7 Bibliography
List of Tables Table 1. The authorities of the Republics of Moldova responsible for European integration agenda.3 Table 2. Member States` position versus Moldova5
1
I. The general background of EU-Moldova relations 1. The European Integration fundamental priority in a Republic of Moldova Government Program In 2009, Moldova went through two parliamentary elections. The Constitutional Court of Moldova validated the results of the first elections, but the Parliament failed to elect a president and new elections were held. As a result of the second parliamentary election, the Party of Communists that had been in office for eight years was replaced by the Alliance for European Integration, formed by four liberal democratic parties who now hold 53 out of 101 seats in Parliament. However, the new Parliament failed twice to elect a head of state and according to the Moldovan Constitution, the failure to elect a president after two rounds should lead to early parliamentary elections. Thus a third election was scheduled for November 2010 and the Alliance for European Integration, obtained 61 mandates out of 101, that fact lead to situation that president was elected. There was no coincidence in naming this coalition the Alliance for European Integration: the new government started a diplomatic offensive to charm EU capitals and created high expectations in Moldova, especially for the educated, young electorate which tends to see the EU as an opportunity to bypass isolation and poverty. In the meantime the Government continues to hold full powers and exercise its mandate. The Governments Activity Program European Integration: Freedom, Democracy, Welfare lays out a framework for Moldovan governing policies for 2009-2013. The Program has been drafted in a difficult time for the Republic of Moldova, which faces a deep democracy crisis. The Government of the Republic of Moldova regards European integration as a fundamental priority of the domestic and foreign policies of the Republic of Moldova. The 2
full achievement of this objective will enable the country to embark on a stability and prosperity course, governed by democratic values and respect for fundamental human rights. At the same time, the most efficient way to achieve political, economic and social modernization of the country is to responsibly implement the commitments deriving from the European Union. The coherent implementation of policies designed to Europeanize the country socially, politically and economically and an association agreement with the European Union will enable the Government to make the Republic of Moldova, in a reasonable time, eligible for EU accession. The Partnership and Cooperation Agreement (PCA) represents the legal framework for the Republic of Moldova European Union relationship. The Agreement was signed on 28 November 1994 and entered into force on 1 July 1998 for the next 10 years. This arrangement provides for a basis of cooperation with the EU in the political, commercial, economic, legal, cultural and scientific areas. The negotiations for the new association agreement started in January 2010. Both parties agree that EU will offer Moldova assistance and financial support for promoting structural, administrative and political reforms. The general framework of the discussions follows the path of the EU Ukraine current talks, which started in March 2007. However, both parties are convinced the discussions in Moldova`s case will advance faster, since the Chisinau government is more open and willing to enter a fast track. The Eastern Partnership (EaP) became a key priority for the new Moldovan government established by the Alliance for European Integration and is considered a valuable tool for promoting Moldovas bilateral agenda in relations with the EU. The main expectations with regard to the EaP are: signing the Association Agreement; liberalizing the 3
visa regime with the EU; and establishing a Deep and Comprehensive Free Trade Area (DCFTA) (Ghinea, 2012: 5).
2. The authorities responsible for implementation of the European integration agenda Currently, the institutional mechanism in charge of the implementation of the European integration agenda is composed of many national institutions and each of them has some specific duties (Table 1). Table 1. The authorities of the Republics of Moldova responsible for European integration agenda Name of the institution Responsabilities The Foreign Policy and European I ntegration Committee of the Moldovan Parliament the interface between the European Parliament and the Moldovan Parliament the Government Commission for European I ntegration the main decision-making and monitoring body it includes all ministries and is headed by the Prime Minister of Moldova the Ministry of Foreign Affairs and European I ntegration (MFAEI ) coordinates the actions undertaken by ministries and governmental agencies; the Department for European Integration of the MFAEI undertakes the responsibilities of the Secretariat of the Government Commission for European Integration European integration offices set up in each ministry, which are charged with implementing and coordinating the actions/commitments of those ministries The relationship between the Republic of Moldova and the European Union are institutionalized through three responsible structures in charge of enhancing the political dialogue and monitoring of PCA implementation, and namely: Moldova-EU Cooperation Council, MoldovaEU Cooperation Committee and MoldovaEU Cooperation Sub- committees and MoldovaEU Parliamentary Cooperation Committee. 4
Also, a consultative meeting of the donors in Brussels gathered international support for an ambitious reforms project called `Rethink Moldova`. The EU was the leading partner in this action, together with the US government, various Members States` international development agencies, the World Bank and the IMF (Ghinea, 2012: 25).
II. What role should the EU play in Moldova EU integration? 1. Current status of EU-Moldova relation When Moldova signed up to the European Neighborhood Policy (ENP) in 2004, this did not change the legal framework of relations between Moldova and the EU. Consequently, the PCA remained the basic agreement governing Moldovan-European partnership, but this main document was accompanied by a political document in the form of an individual Action Plan, officially received from EU's Internal Affairs Commissioner, drawn up between the EU and the Republic of Moldova and intended to accelerate political, economic, and social reforms in the country in exchange for deepening its relations with the EU. The ENP generated high expectations regarding Moldovas chances of integrating rapidly in the EU family. However, the implementation of the ENP has not always been coherent, continuous, and consistent (Rodkiewicz, 2009: 36). For this policy to be a success the EU must have the possibility to influence its relationship with the Republic of Moldova, and this is a difficult thing to achieve within the Partnership and Cooperation Agreement. One solution would be for the member states of the EU, and not the European Commission, to be more active in promoting the relationships with the Republic of Moldova. According to Jerzy Buzek, former President of the European Parliament, the EU is committed to Moldova, and EU salute the enormous progress achieved on the path to a European future. Over the last 12 months, EU-Moldova relations have been carried forward to 5
an unprecedented level of dialogue. Moldova has proved its reliability as a partner. There is a strong and unanimous interest in the EU in maintaining the current momentum in our relations, to the benefit of Moldova's citizens. Generally, the EU tries to promote the policy of conditionality offering some concessions in exchange for the promotion of democratic reforms. The recent experience shows that this policy is not very efficient, and this is probably because the offer of EU is not consistent. Commission officials insist they dont have a mandate to offer Moldova more than substantial assistance and financial support and point to the Council where there is no majority in favor of Moldova. We approximated the positions of Member States towards granting Moldova a political perspective from national governments` public declarations and interviews with Moldovan and EU officials (Table 2). Table 2. Member States` position versus Moldova Category Member state Description Unconditional and active supporter Romania Romania traditionally supported a membership perspective, even when Bucharest had cold relations with the former Moldovan government. The change of power in 2009 relaunched bilateral cooperation. A convention on small border traffic was signed and the political decision was made for an EU integration partnership. Bilateral cooperation agreements were signed for agriculture, environment, education, in which Romania will offer assistance and financial support for fulfilling EU criteria. Supporters
Poland, Sweden, Hungary, Baltic states, Bulgaria Countries that offer support for Moldova`s EU ambitions, although fully aware this is not a short-term option Reluctant supporters Czech Republic, UK Open for discussing EU membership if some other MSs would put the issue on the table. Both reluctant on visas. Good willing skeptics
Germany
High level contacts between Chisinau and Berlin brought encouragements, assistance support and openness on visas issue, but Germany expects substantial reforms before any discussion on membership Indifferent skeptics
France, Spain, Italy, Netherlands No clear position on Moldova, it seems not to be on their agenda. Italy is positive on visas. Netherlands focuses on human rights and minorities treatment. Indifferent but Visas skeptics Belgium, Denmark, Luxembourg No position on membership, opposing visa liberalization 6
It is a sad reality that EU enlargements followed a bloc typology, with the Union subsequently expanding towards South and East in several waves. Within its Eastern Partnership, the EU already engages Moldova in a way that is strikingly similar with EU Western Balkans relation: offering assistance and money, putting conditions and asking for reforms which in fact prepare the country for accession. With the current association agreements negotiated with Ukraine and Moldova, the EU`s relation with these countries actually means candidacy in practice but not in name. Moldova is already a member of the Eastern Partnership (EaP). As all EU policies, the relation with Moldova is highly path-dependent and the country`s advocates will have to accept this reality. Instead of trying to play geopolitics, they should focus on asking the EU to apply its own principles, to strictly apply the individuality principle stated in the EaPs launching documents and to judge Moldova purely on its own merits (Popescu, 2009: 35).
2. The Republic of Moldova Government implication in achieving EU integration In order to achieve EU integration, the Republic Moldova Government has underlined some essential requirements that nowadays are in the processes of implementation or implemented already: actively involve the whole society, all the political forces and relevant foreign actors in the process in order to turn the Republic of Moldova into an European state with real prospects of joining the EU; acquire and promote European values and standards in all the areas political, economic, social and legal by implementing the Copenhagen criteria and commitments made at the Council of Europe; bring the national legislation in line with the EU acquis; improve the legal and institutional framework needed to promote European integration at the level of Government in general and each ministry in particular, so that the European integration process becomes a major priority for each governmental entity; develop 7
bilateral relations with the EU member states; sign the Association Agreement with the EU; promote real economic integration with the EU, particularly by signing the Deep and Comprehensive Free Trade Agreement; launch the dialogue with the EU, for the purpose of signing a new Roadmap on visa liberalization, so as to obtain the liberalization of visa regime for the citizens of the Republic of Moldova; implement actions consistent with the Mobility Partnership between the EU and the Republic of Moldova; ensure the energy security of the country by means of the EU tools and join the European energy market etc. The current Government in Moldova seems to be an exception from the rule that only a membership perspective provides real incentives for reforms. The support for the EU will likely remain high among the Moldovan public but this public mood cannot assure the continuity of reforms. Without support and real carrots from EU, the current reformist coalition could fell apart and Chisinau could go back to the former faade Europeanization that constituted the norm between 2005 and 2009. The EU has the opportunity to make a difference in a region where its ambitions are not matched by its strategies. This opportunity should not be lost. The EU seems to be attractive in Moldova not because its policies there, but sometimes despite them. To be sure, the EU was surprised by the dramatic changes 2009 brought in Moldova and acted in its usual overcautious manner. But as Moldova is on the agenda, the EU should define clearer messages for Chisinau. The reluctance to make membership promises to Moldova should leave space for a flexible approach in which the EU would be ready to encourage and support Moldova`s political aspirations if the internal reforms will be carried out. Although this may seem ambitious in the enlargement fatigue context, in fact it would not constitute a major departure from what the EU already officially promised to Moldova.
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Recommendations In order to enhance the overall political and economic situation in the Republic of Moldova, and to obtain more results regarding the security and stability matters at its future border with the Republic of Moldova, the EU has to use a number of tools, among which the most important would be the following: 1. Membership perspective. This is the main tool that catalyzed the reforms in the states that have recently become EU members. For the Republic of Moldova, the process can follow two steps. The first step would be: that fact that in 2010 was launched negotiation on the Association Agreement and this is already a chance for Moldova to become a member. Depending on the results of the Action Plan implementation, Moldova could either remain with the status of neighbor or become an associate member of the EU. The fulfillment of the Copenhagen criteria, being the second step, should end with Moldova becoming an EU member. 2. The liberalization of the visa policy. The EU could issue multiple Schengen visas for a longer term for different categories of people. For example, the official people and delegations (members of the government and of the parliament), business people, scientific researchers should benefit from multiple Schengen visas on a 3-5 year term, the students, pupils, and university lecturers on a 1-2 year term etc. Euro-consulates should become a reality. The liberalization of the visa system would contribute to the intensification of the people-to-people contacts, as the Action Plan stipulates, thus diminishing very much the corruption in this area. It is important to note here that the readiness of the EU to start a visa liberalization dialogue with Moldova has motivated the Moldovan Government to focus more on what has to be done in this area and less on getting a clear promise on the prospects of visa 9
liberalisation with the EU (Secrieru, 2010: 64). The new practical approach of the Moldovan authorities has been proven by their recent decision to undertake an independent check of the realities in all four main chapters of the visa liberalisation dialogue, as they are formulated in the Road Maps for Visa Liberalisation of Western Balkans countries: 1) Document Security; 2) Illegal migration, including readmission; 3) Public order and safety; 4) External relations and fundamental rights. Giving Moldova a Visa Road Map would not be a gift, on the contrary, the EU will condition its deliverance upon fulfilling concrete pre-conditions. We know that recently the European Commission has proposed to the EU member states to offer Ukraine a set of pre- conditions for granting a Visa Liberalization Road Map, such as: 1) issuing biometric passports; 2) creating a national authority in the field of migration; 3) adoption of legislation in the area of protection of personal data; and 4) presenting the questionnaire on the identity and travel documents personalization system. Paradoxically or not, Moldova has already fulfilled those conditions without been asked to. In this context it is stated that the citizens of the Republic of Moldova will be able to travel to the EU without a visa starting from the end of 2012. 3. The management of the migration process, by legalizing the illegal immigrants that did not break the law in any other way, and establishing certain shares, initially for the seasonal workers, and later for other categories of workers. 4. The asymmetrical and real opening of an EU market for the producers from the Republic of Moldova. It is extremely important for this market to also include the products from Transnistria, thus the business people from this region would become interested to register as economical agents of the Republic of Moldova. 10
5. The support of the civil society and the independent press in the Republic of Moldova. 6. The supervision of elections by the EU, not only by the OSCE. 7. The real involvement of the EU in solving the Transnistrian conflict. Here the EU could use different methods. For example, the member states could participate in actions within a multi-national military force that have as a goal the disarming of the paramilitary units in Transnistria and then the maintenance of peace in the region. The EU could use as a method of positive discrimination the liberalization of the visa system for the citizens on the right side of the Nistru River, and the opening of the market for the Moldovan economical agents that have official relationships with the state budget. At the same time the EU could use repressive means against Transnistrian leaders (refusals on issuing visas, blocking the European bank accounts etc.). But for this to achieve the EU has to define its official policy regarding the solving of the Transnistrian conflict, and to promote this policy consistently, orienting itself not only towards Russias interests but also towards the regional security and stability. The collaboration with Russia, Ukraine, the US and the OSCE should be promoted constantly, not from case to case. An ad-hoc monitoring group, which would have as members the EU and Moldovan representatives, would be a real help in this matter. The experience of the previous years shows that EU can strongly influence the situation of the outside countries, and none of the goals described above are impossible to reach, but the most important condition for the EU to realy influence the situation in Moldova is to take the political decision and to open the membership perspective for the Republic of Moldova. If the door that is not closed it simply means that it is open, and this thing should be officially acknowledged. 11
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