Parliament Activity Review 1-5 April, 2002
April 8, 2002
Upon the expiration of the time allotted by the protestors to authorities for their resignation, the organizers of the protest rallies decided to change the location of protests. The tent town moved in front of the Presidency and Parliament of the Republic of Moldova. Despite the non-stop pickets, loud music and anti-government slogans chanted by the protestors, the deputies continued their activity and managed to examine several draft laws, some them of special importance.
Legislative acts adopted in the final reading
I. The Civil Code of the Republic of Moldova was adopted in the third and final reading.
ADEPT comment: In its final version the Civil Code will include around 1600 articles structured in 5 chapters. It is worth mentioning the stages in drafting the Civil Code of the Republic of Moldova:
- The Parliament Resolution on the Parliament activity in view of enforcing Constitution provisions and those of the Concept of judiciary reform, provided for the drafting of the Civil Code;
- Via the Parliament Resolution no.254-XIII of November 3, 1994 a working group was established to draft the Civil Code;
- Via the President Decree no.228 of July 7, 1997 an international expert group was established to provide a comprehensive expertise and finalize the draft Civil Code;
- Via the Government Resolution no. 160 of February 23, 2000 working groups were established to ensure correlation of the draft Codes (developed in a new wording), including the draft Civil Code.
- Via the Parliament Resolution no. 1315 of October 26, 2000 a special commission was established to finalize the Civil Code.
The draft Civil Code was examined during 2001, beginning of 2002. The Legal Commission of the Parliament submitted for examination in Parliament 5 Chapters of the Civil Code, which were adopted in the final reading on April 5, 2002.
With regard to the so quick adoption of such an important piece of legislation by the XV legislature Parliament, we could point the following:
- Adoption of the Civil Code is a huge achievement of the incumbent Parliament, and a response to the numerous urges to adopt such a law;
- Incumbent governing is trying to gradually meet all the requirements set forth by the international financial institutions for resuming their assistance (namely, adoption of a new Civil Code is one of the major conditions stipulated in the Cooperative Agreement with IMF);
- Parliament has kept its promises to pass new Codes, and will finalize the examination of the Criminal Code in the nearest future.
II. Resolution on adopting the Concept of military reform
ADEPT comment: The draft was developed in 2000, whereas its examination was adjourned for a long time without any particular reason. The Concept adopted by the Parliament:
- defines the notions, principles and key conditions of the military reform;
- describes the background for the military reform;
- indicates the goal and priorities of the reform and procedures of its implementation;
- sets the stages in caring the military reform, a total of 12 years.
III. Law on the modification and completion of legal acts on judiciary institutions
ADEPT comment: Under the law, the Economic College is to be established within the Supreme Court of Justice, which is to examine the appeals on the decisions issued by the Economic Court of the Republic of Moldova. In addition, the number of judges of the Supreme Court of Justice has been increased, and a new position established, namely Deputy Chair of the Supreme Court of Justice, which is to examine the economic litigation.
IV. Law on completing the Law on Government
ADEPT comment: Under the law an Agronomy & Industry Department Moldova-Vin is established in the subordination of the Government. The responsibilities of the newly established department include: developing the strategy on and projecting the development of the winery industry, enforcing new economic mechanisms, drafting a program for the development of wine market, administering wine brands in the state property, etc.
V. Law on allotting a plot from the Chisinau Municipality into the municipal property
ADEPT comment: Under the law a plot of 2,5 hectare is allotted for the construction of Bus Station for the North Region. The new station is intended to redirect the traffic and ensure a normal traffic in the center of Chisinau.
VI. Law on completing the Fiscal Code
ADEPT comment: The law sets excise to the petroleum derivatives used in the household as well as in industry.
Legal acts adopted in the first (not-final) reading
I. Draft law on theatres, circuses and concert halls
ADEPT comment: The draft law establishes the basic principles for the activity of theatres, circuses and concert halls, as well as founding, administering, funding, reorganizing, and liquidating procedures.
The draft includes several chapters: General Provisions; The system of theatres, circuses and concert halls; Regulating the activity of the said institutions; Employees' social benefits, and International cooperation.
II. Draft law on the modification of Article 1553 of the Criminal Code
ADEPT comment: Currently the Criminal Code provides liability for inappropriate use of credits, for the failure to pay the credits and interests. The authors of the initiative claim that the provision runs counter to the international law, and therefore have stipulated criminal liability for the failure to meet civil obligations.
III. Parliament examined a draft law on modification of the Electoral Code.
ADEPT comment: The amendments refer in particular to:
- compulsory participation of the voters in elections;
- mixed electoral system for parliamentary elections;
- majority electoral system for local elections;
- regulating in detail constitutional referenda.
Several flaws have been identified during the examination of the draft law in Parliament, therefore it was sent back Legal Commission for improvement.
It is worth mentioning that the draft raised a lot of debates. Consequently, the issue of modifying electoral system will be in the center of attention for a while. The Parliament will reconsider the draft in the nearest future or the latest on the eve of parliamentary elections.