The National Platform of the Republic of Moldova of the Eastern Partnership Civil Society Forum supports the adoption of the draft Law on non-commercial organizations in the second reading, with the entry into force without delay.

The National Platform of the Republic of Moldova of the Eastern Partnership Civil Society Forum supports the adoption of the draft Law on non-commercial organizations in the second reading, with the entry into force without delay. The draft law no. 109 on non-commercial organizations was registered in Parliament on 3 April 2018. It was developed by a working group created by the Ministry of Justice in 2016, which also included civil society representatives. It was subjected to repeated public consultations by the Ministry of Justice and was improved as a result, having all the necessary approvals. The project was also adopted in the first reading on May 3, 2018. On May 28, 2020, the Legal, Appointments and Immunities Committee of the Parliament proposed the adoption of the project in the final reading. Previously, several civil society organizations (CSOs) requested the Parliament to adopt the draft law no. 109 (public call of March 3, 2020 signed by more than 20 CSOs and public call of April 30, 2020 signed by more than 40 CSOs). The signatory organizations requested the Parliament to vote the draft in the final reading, not to admit amendments that would hinder the work of non-commercial organizations, as well as to consult the civil society organizations regarding any proposal to amend the draft in a transparent and inclusive manner. The member organizations of the National Platform of the Republic of Moldova of the Civil Society Forum of the Eastern Partnership welcome the positive opinion of the Legal, Appointments and Immunities Committee of the Parliament for the vote on project no. 109 in the final reading and the fact that no provisions were introduced in it that would hinder the activity of CSOs. The project considerably improves the legal framework regarding non-commercial organizations and transposes the best practices and standards regarding freedom of association recommended by the Venice Commission and OSCE/ODIHR. It simplifies the registration of non-commercial organizations, provides for free registration of non-commercial organizations and removes the rigid internal organizational structure imposed by the current legislation. The project limits the possibilities of the authorities to exert pressure on non-commercial organizations and excludes unjustified limitations for the founding of non-commercial organizations by certain categories of persons. The draft establishes an absolute ban on non-commercial organizations from supporting candidates in elections and sets clear limits on relations between non-commercial organizations and political parties. The project also establishes the framework legislation regarding the financing or state support of non-commercial organizations, an area insufficiently regulated by the current legislation. At the same time, the project fixes the legislative gaps regarding the establishment of non-commercial organizations created by the 2019 amendment of the Civil Code. It does not require re-registration of non-commercial organizations and does not limit their external funding. The members of the Socialist Party in the Legal Committee of the Parliament proposed, without presenting convincing reasons, the entry into force of the law on January 1, 2021. This proposal did not accumulate the required number of votes. This law does not impose additional measures to ensure its application. We believe that there are no impediments like the draft law no. 109 can enter into force according to the general rule, over one month after publication in the Official Gazette. In the context of what has been stated, the member organizations of the National Platform of the Republic of Moldova of the Eastern Partnership Civil Society Forum, request the Parliament of the Republic of Moldova: The immediate adoption of the draft law no. 109 regarding non-commercial organizations in the second reading, in the version voted by the Legal Committee of the Parliament on May 28, 2020; Rejection of the proposal that the law be implemented as of January 1, 2021. Entry into force of the law according to the general rule, one month after its publication in the Official Gazette. The National Platform of the Eastern Partnership Civil Society Forum was created in 2011 and currently has 84 members, 6 of these members constituting umbrella organizations for 255 other organizations. The mission of the Platform is to strengthen the process of European integration and democratic development of the Republic of Moldova, to contribute to the advocacy and monitoring process for the implementation of the Association Agreement between the Republic of Moldova and the EU and other relevant documents related to the Eastern Partnership and the relationship between the Republic of Moldova and the EU.