The Institutional and Stakeholder Report on the Republic of Moldova provides a snapshot of the current state of play in Moldova regarding environmental governance, especially the implementation and enforcement of environmental legislation and the transposition of EU environmental legislation. The report focuses on the Themis Network’s target groups, comprising officials from the national authorities responsible for the environment, nature protection and law enforcement, and the judiciary. The main conclusions of the report are outlined below.
The institutional set-up and its efficiency in law enforcement
The main constraints to the activities of the institutional framework lie in the reduced amount of budgetary financing and, as a result, the exodus of qualified staff; the weak capacity of the personnel improvement system in this domain; the only partial endowment with modern equipment; and insufficient coordination and cooperation. In this context, the national priorities for achieving objectives related to the institutional framework are: financial support for research and monitoring programmes; personnel improvement; the coordination of activities and cross-sectoral cooperation; and remuneration of employees according to market requirements.
The current environmental legislation was approved at the beginning of the 1990s and modified according to the evolution of the economic and social circumstances at national level and in line with the development of partnerships with international organisations. The improvement of the legislative-normative framework is a continuous and permanent process, which is carried out in conformity with the development of relations between society and the environment. Each country's environmental legislation corresponds to its specific geographical conditions, the degree of development of the national economy, the availability of natural resources and the current environmental situation. At the same time, the institutional, managerial and investment policy measures designed to contribute to the implementation of conventions require legal support. Emphasis should be given to the adjustment of environmental legislation and the improvement of legislation that regulates connected aspects: institutional structure, investment policy, the transfer of environmentally sound technologies (EST), as well as the optimisation of financial management. The improvement of the legal framework supposes the elimination of existing divergences and contradictions between different laws.
The status of the legal apparatus as compared to that required for successful EU approximation
The structure of the Ministry of Environment should be revised and discussions on this issue are already under way.
The main self-perceived priorities of Moldovan institutions for environmental governance and how these can be tied to the Themis Network
The efficiency of the institutional framework on environment protection is ensured through the realisation of current legal acts in this field. Legal acts in related areas are implemented through interaction and cooperation between ministries and related central administrative authorities. Initiatives of ministries and related central administrative authorities regarding cooperation on implementation and enforcement are neither encouraged nor supported. There are different opinions regarding capacity-building needs and activities dedicated to communication between institutions working in the field of environmental protection. Provisions in the regulations of ministries and central administrative authorities are confused and include general recommendations on coordination, interaction and cooperation between partners. Institutions have not clearly defined their missions and mandates in the field. Some of the ministries and central administrative authorities have signed collaboration agreements that contain the most important interaction and cooperation activities, including on environmental protection (among them the Ministry of Environment; Ministry of Health and Social Protection; Ministry of Education, Youth and Sport; and Ministry of Agriculture and Food Industry). However, there is no clear and efficient delimitation of competencies and responsibilities between different levels of management, or between the central and local public authorities.