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Legal Commentaries

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Parliament Activity, December 6-10, 2004
14 December 2004

During the period covered Parliament examined only several legal acts, one of the most important being the Law on Official Statistics passed at the recommendation of the Government. Further, deputies examined several drafts submitted by opposition, but these were not endorsed by the majority faction despite the many arguments.

I. Law on Official Statistics

ADEPT Comment: The law regulates the organisation and operation of the single official statistics system, outlines general principles for collection, processing, centralization and storage of statistic data on economy, social sphere, demographics, financial system and judiciary.

Subject to these provisions will be the data necessary for developing economic and social policies, strategies, decisions of public authorities and businesses, for scientific research, informing public opinion, submission of data to international organisations, etc.

Law provides for:

  1. Key notions in the field.
  2. Tasks of the statistics: collection, processing, tabulation, centralization, analysis, and dissemination of statistics data; developing statistics methodologies in line with international standards; statistics research; explanations of the data so as to avoid any of its misinterpretation; ensuring compliance with the key principles of official statistics; research and development in the field of statistics, etc.
  3. Principles: impartiality, code of conduct, relevance, transparency, confidentiality, etc.
  4. Official statistics bodies: central statistics body and its territorial structures; statistics departments within central and local government, National Bank, etc.
  5. Rights and obligations of the official statistics bodies.
  6. System of statistic classification, statistics registries.
  7. Conducting statistics research.
  8. Confidentiality of the individual statistics data and their use.

The new law brings statistics in line with the European system and realities of the day.

II. Law on Cancelling Debts of Non-privatized Agricultural Enterprises

ADEPT Comment: Parliament decided to cancel historic debts to the state budget of agricultural enterprises that haven't been privatised. In particular the law refers to agricultural enterprises that did not join "Pamint" privatization program.

Cancelled debts amount to 35 million Lei; on top of that the amount would surge given that local governments were "recommended" to cancel debts on local taxes. In addition, local government was recommended to accept social-cultural edifices in exchange for the debts to local budgets.

During the December 9, 2004 session deputies rejected several draft laws, in particular:

1. Draft law on completing the Code of Civil Procedure

The draft envisaged completion of the Code with a new provision providing for indexation of the adjudicated amounts. The reason for the amendment was that usually those accused hinder the trial and timely enforcement of the court judgement. Thus, out of 54 thousand civil litigations, 11 thousand (20%) were examined in more than 2 months, which is a reasonable term. There are many cases examined in 5-7 ore even 10 years. Accordingly, the adjudicated money devalued during that time and the plaintiff ends with nothing even if he/she wins the case.

2. Draft law on amendment of the Code on Administrative Offence

Law on Petitioning provides that any petition shall be examined within 30 days of the submission. To ensure the proper enforcement of that provision, legislators intended to provide for sanctions in the Code on Administrative Offence for the failure to observe the aforesaid term, for the groundless refusal to accept the petition, for decision running counter to the law. Parliament refused to pass the draft on the grounds it would delay the hearing of penal cases.






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