Teisinio sektoriaus reformos iššūkiai Moldovoje
Justice Sector Reform Challenges in Moldova

Summary/Abstract: The article analyses the justice sector reforms in Moldova. Tracing of reform process in Moldova, combined with the insights of europeanization theories and theories of legal sector reforms, was applied for the identification of the mechanism, which explains, why the reform was not successful in Moldova. The main conclusions of the article are: First, to be successful, reform, aimed at the establishment of the rule of law, should include such measures as the establishment of effective institutions of accountability. These institutions would ensure both positive and negative incentives for the transformation of behaviour by main political and legal actors according to the new rules. Second, the reformers take measures to establish the required institutions of accountability if this is instrumentally rational to them. The rationality of such political decision depends on both internal and external factor. Political instability weakens administrative capabilities to ensure consecutive and coherent implementation of the reform. Further, interaction of political instability with the public dissatisfaction with reform results induces politicians to use reform as an instrument of electoral mobilization, by making promises of fast results and supporting these promises by new initiatives concerning the direction and measures of the reform. The focus of international donors on quantitative results, pressure to achieve results as soon as possible and liberal attitude towards various offences by pro-democratic elite do not motivate reformers to aim at the consistent implementation of the reform, either.

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