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Transparency of the local decision-making process and access to official information are essential in ensuring efficiency of the decision-making. Based on this assumption, during 2017-2020 Promo-LEX Association monitored the activity of level-two local public administration authorities (LPAs) and of the autonomous territorial unit of Gagauzia (ATUG) in terms of decision-making transparency at the local level.

In this context, on 30 March 2021, Promo-LEX Association presented during a press conference the findings and recommendations formulated in the Report no. 6 on the transparency of the activity of level-two local public administration for 2020. Being the last report of this series, it also contains conclusions on developments in this area during 2017-2020.

Thus, with regards to the monitoring period of January-December 2020, Promo-LEX found a weak observance by level-two LPAs of the legal requirements for decision-making transparency.

More transparent meetings of level-two LPAs, including as a response to the COVID-19 pandemic

Amidst the pandemic, during 2020 level-two LPAs’ deliberative authorities organised meetings both with the physical presence and online, complying in most of the cases with the relevant legal requirements. However, compared to the previous period (2019) monitored by Promo-LEX, the rate of placing the decisions adopted during those meetings on the website decreased by 4%.  At the same time, if compared with the decisions published on the official website of LPAs, in 2020 the number of decisions entered into SRLA was by 16.98% higher. We draw the attention that entering the acts in SRLA does not exempt level-two LPAs from the obligation to place them on their official website.

Promo-LEX Association appreciates and welcomes the live streaming of level-two authorities’ deliberative meetings, regarding this as an element of maximum transparency of the decision-making. Thus, in 2020, the percentage of live-streamed meetings grew by 16.45%, being used by 51.42% of LPAs, including as a response to the COVID-19 pandemic.

LPA websites – the main source of communication

According to the Monitoring Report, the preferred way of communication between LPAs and stakeholders (media, NGOs and active citizens) interested in the decision-making process has overall remained the same, with websites being the most common source of communication. At the same time, compared with the first semester of 2019, both LPAs and stakeholders are using social networks to a higher extent.

At the same time, Promolex found a progress of the level of conformity of the legal provisions of the content of the LPA web pages in terms of decisional transparency.  The analysis of the situation per LPA proves that the authorities from Balti municipality, and Sangerei and Straseni districts are doing best in this area. LPAs from Anenii Noi, Briceni, Drochia and Taraclia districts are at the opposite extreme.

Low access to public information

Promo-LEX found a nearly 9% decrease in the rate of answers provided by level-two LPAs within the legal deadline and with a full content.

In retrospect, during 2017-2020 the LPAs from Chisinau municipality, Anenii Noi and Rezina districts had the weakest results in terms of providing answers to requests for information.

Low transparency of public procurements

It is alarming that the LPAs’ official websites ensure a low transparency of the procurement process, being limited to the publication of the Procurement Plans. Most of the LPAs do not place on their official websites any reports on low-value public procurements (only 15 LPAs), nor quarterly/bi-annual or annual reports on monitoring the execution of public procurement contracts (only 9 of the 35 LPAs). In 2020 the number of LPAs that complied with legal requirements decreased, compared to the previous periods.

Minimum actions taken to provide the needed facilities for persons with special needs

Though other two buildings of LPAs have become more accessible for persons with special needs (27 of the 35 LPAs) in 2020, we attest to the lack of attitude or actions by LPAs in order to facilitate the conditions for people with special needs. Similarly to the previous monitoring period, 33 LPAs (except LPAs from Leova and Cantemir) did not arrange a special room for mothers with children, and 34 LPAs do not have a WC friendly for this category of applicants.

In retrospect, the conclusions formulated after analysing the degree of compliance with legal provisions during 2017-2020 are equivocal. On the one hand, thanks to the efforts made by Promo-LEX monitors and other stakeholders, most of the monitored indicators have improved, on the other hand the improvement trends do not seem to be systemic. Though the degree of compliance with the law has overall improved, we draw the attention to some important elements of transparency, which worsened during the monitored period:

• lower engagement of stakeholders in the decision-making processes at the LPA II level;
• fewer decisions, approved by level-two local public authorities, published on the website.

Promo-LEX believes that the duplicity of noticed trends is certainly determined by the quality of the LPA’s activity, and also to a great extent by the existing uncertainties concerning the future of level-two public administration in the Republic of Moldova. The sustainability and quality of LPA II activity will be affected as long as the State authorities do not present a clear vision in this area.

The full report can be accessed here.

The initiative for monitoring the transparency of the activity of level-two LPAs and ATUG was funded by the United States Agency for International Development (USAID), under ‘Democracy, Transparency and Accountability’ Program. The opinions presented in the public reports of Promo-LEX belong to authors and do not necessarily reflect the donors’ view.

For more information, please contact:
Inga Stegarescu, Press Officer of the Promo-LEX Association;
GSM: 069 26 96 84;
E-mail: [email protected]