Аналітично-порівняльне правознавство (Sep 2023)
Alignment of national criminal legislation with European Union standards through the lens of the association agreement
Abstract
As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU. This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldova has implemented a number of reforms aimed at improving its criminal justice institutions and processes, including the adoption of new laws and regulations that are in line with EU standards and practices. In addition, Moldova has also established closer cooperation with other EU countries, both through bilateral agreements and through its participation in EU-wide initiatives such as Eurojust and the European Public Prosecutor’s Office. This cooperation allows for the exchange of information and best practices between Moldova and the EU, as well the coordination of efforts to combat cross-border crime and other forms of transnational organized crime. The path traveled by the states of Central and Eastern Europe in the last decade demonstrates that European integration cannot be considered only as a priority ofthe country’s foreign policy, as was declared by the Government of the Republic of Moldova until recently. Since independence, conditions have been created in the Republic of Moldova that allow a new approach to the European integration process, and the course towards joining the European Union has become a priority state policy that is consistently promoted internally and externally. The adoption of such a new approach is all the more important, as the expansion of the European Union has taken on an unprecedented scale and it is the first time that the accession of new members directly targets the interests of the Republic of Modova. Overall, the harmonization of criminal justice standards and legislation in Moldova is an ongoing process that will require continued effort and cooperation between Moldova and the EU. The article is dedicated to the analysis of the cooperation of the Republic of Moldova with the European Union through the prism of the provisions of the Association Agreement, implicitly, by connecting its national legislation to the requirements stipulated in the legal acts of the EU, this being achieved by implementing the provisions of Directives, Regulations, Decisions of the EU and of the CoE. In the Association Agreement, in particular, in its annexes, a list of concrete legal acts of the EU and the deadline for their implementation established for the Republic of Moldova is included. This denotes the fact that Moldova is obliged not only to harmonize its relevant legislation with these legal acts, but also to implement it and ensure its compliance by the set deadline. It should be taken into account that the Republic of Moldova is not a member state of the EU and, therefore, it is obliged to follow a gradual process of harmonization, because Moldova is not, for now, obliged to carry out full harmonization with the EU acquis, at the level of the EU member states, in order to fulfill its obligations deriving from the Agreement. However, the acquisition in 2022 by the Republic of Moldova of the status of a candidate state for EU accession, denotes wider efforts in terms of harmonizing national legislation with EU legislation, which is not limited to the EU acquis included in the annexes to the Association Agreement, but implies the need to ensure the transposition into national legislation of the entire legislative body of the EU. According to the analysis of the European Commission, Moldova has reached a certain level of preparation (level II) for the implementation of the EU acquis in the field of justice, freedom and security. The legislation is largely aligned with EU legislation, and Moldova has implemented a number of important strategies. However, there is room for improvement regarding institutional cooperation and coordination to boost implementation.
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