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Activity of the Parliament on December 1–14, 2003

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Reshuffles

In the week of December 1–14 Parliament sessions were marked by tensions between the ruling party and opposition. These tensions have become an ordinary thing lately, this time however they arose when the ruling party called on revoking the head of Commission on Social Protection and Healthcare, Lidia Gutu. The faction headed by Dumitru Braghis holds this position as decided based on the representation criteria when the XVth legislature Parliament commenced its activity. One of the reasons cited for recalling Mrs Gutu was her participation in the unauthorised protest rallies and involving teenagers in political actions, as well as a number of flaws in running the Parliament commission. In particular the latter refers to absence from the plenary sessions, withholding from fulfilling the responsibilities of chairperson, etc.

Under the Parliament regulation, only the Parliament Speaker is entitled to make a proposition to recall the Commission Chairperson, after prior consultation with all parliamentary factions. Although scheduled, the consultation of the factions never really took place, as opposition did not show up for the meetings with the Parliament Speaker. This fact did not stop the ruling party from passing the decision on revoking Mrs. Lidia Gutu and asking the Moldova Noastra faction to designate another deputy to the relevant position.

The Parliament also accepted the resignation of Vasile Rusu, who left the position of Prosecutor General. He was replaced by Valeriu Balaban, who in the last ten years has been working at the Information and Security Service. Experts believe that those reshuffles may have some negative implications due to the long time rivalry between Prosecution and Information Service.

During the December 5 session Communists Andrei Neguta and Mihail Russu handed over their MP mandates. The former resigned due to his recent appointment as Republic of Moldova’s Ambassador to France. The latter did not disclose his reasons for leaving the Parliament.

Dialog with civil society

On December 8–9 Moldovan Parliament hosted a seminar entitled “Co-operation between the state and civil society: a path to consolidation” organised jointly by the Council of Europe and Biotica NGO. European experts were invited to share their experience and mechanisms used in making the voice of an ordinary citizen heard, such as the consultative and most recently participative status NGOs have with the Council of Europe, which judging by the Communists reactions would do them no good. As this seminar was one of the first occasions for dialog between decision-makers and civil society, the event saw both parties engaging in harsh debates on such issues as social pact and consultation of NGOs in developing and implementing public policies. In the end NGOs came up with a set of recommendations and propositions, among others public debates on important legislation, establishing consultative commissions within each of the Parliament Commissions as well as draft legislation like the 1% law.

Legal acts

Resolution on the Conception of State Frontier Security

The Conception approved by the Parliament includes a string of introductory provisions explaining why it was necessary to revise the current concept. The major reasons are as follows:

The general provisions provide for: objectives of frontier security; major state interests at the border area; major factors infringing national interests at the border; basic principles for frontier security (legality, human rights and freedoms, integrity, inalienable and inviolability of state frontiers, observance of international law, etc).

A special chapter provides the basic principles of frontier security, i.e. state prerogatives, fundamental tasks of the frontier policy (completing the delimitation of the frontiers and its juridical and international legalisation), co-operation with neighbourhood countries in view of fighting negative tendencies, co-ordination of the competent public authorities actions in view of developing frontier infrastructure.

Under the Resolution the Government is entrusted to enforce the Conception and within 3 months is to submit to the Parliament a draft law on the Border Guard Service of the Republic of Moldova.

Although it was declared to be a fundamental document on frontier security, the Conception does not include a series of elements that we believe it should have included. For instance the Conception does not include provisions on:

Having said that, the Conception has ended being a simple document outlining just general principles. It is still questionable whether those principles will be enforced given the lack of funds allotted in this respect.

Law on changing the deadline for installing fiscal memory cash registries at the petrol stations

The Parliament extended the deadline for installing cash registers having fiscal memory from November 1, 2003 to April 1, 2004.

Government was forced to take such a decision due to the protests of the businessmen working in the field, as well as due to the failure of creating a state system of recording petrol circulation. At the same time MPs criticised the Government for the fact that although it was aware of the state of affairs well in advance, it let the situation slip out of control.

Government incapacity to solve the said problem was known even from November when the press was reporting that the great majority of petrol stations would be shut down, if the Government were to enforce the law accordingly. Government, however, waited for the deadline to expire and a week later addressed the Parliament to revise its own decision.

Given that lately the Parliament has been harshly criticising some members of the Cabinet, it is likely some of them to be called to resign and therefore be sacrificed on the altar of unsuccessful reforms initiated by the ruling party.

Law on cancelling the penalties and sanctions not paid by consumer co-operative societies

The law exempts consumer co-operative societies from paying the penalties and fines calculated for the failure to transfer to the state budget income tax and social fund. The cost thereof is estimated at 10 million Lei.

Commencing 2001 the parliament majority constantly criticised the leadership of the consumer co-operative societies for poor administration of the assets, illegal privatisation of the assets and unwillingness to revive the co-operative movement. In response the former leadership cited the debts, which they believed hindered their activity and lead to the seizure of any revenues. At that time the proposition to exempt them from paying penalties and fines was seen as an attempt to conceal the embezzlement and avoid responsibility.

Currently, after the consumer co-operative leadership was replaced with a new one, which is supported by the ruling party, the attitude towards consumer co-operatives has also changed, even the President attended its recent Congress and promised to cancel their historic debts.

Law on the modification of the Law on the Status of Elected Official

By passing those amendments the Parliament brought the Law on the Status of Elected Official in accordance with the provisions of the new Law on Local Public Administration. In particular amendments refer to:

1. Termination of the mandate of the rayon Chair and Deputy Chairperson, Deputy Mayor: upon incompatibility of functions; impossibility to exercise the functions for more than 4 months in a row; indictment; ousting from a position via a Council ruling; resignation or decease.

2. Incompatibility of the election official’s mandate, with the position of: MP; member of the Government; public official in the apparatus of rayon Chairperson, departments or other units in the subordination of the relevant council, mayoralty, or preture; officer in the territorial office of the State Chancellery; and with the position of councillor in a council of the same level or with the position of a councillor in a council of a different level in a second level administrative-territorial units.

Law on banning the import of packaging by economic units which do not recycle or destroy it

The law banns the import of single use packaging material if the producer (retailer) does not posess a network to collect/ or recycle it without damaging the environment. The import of the said packaging would be banned unless a safe recycling method is found. The said provisions are likely to affect many domestic businesses that is why Parliament postponed their enforcement until 2005.

Resolutions on appointments and oustings

The Parliament accepted the resignation of the Prosecutor General Mr. Vasile Rusu and appointed Mr. Valeriu Balan to this position. The new Prosecutor General worked in prosecution and courts, and for the last ten years has been working in Information and Security Service.

Experts believe that those reshuffles may have some negative implications due to the long time rivalry between Prosecution and Information Service as both institution claim to know best how to defend the state security and engaged in criticism of each other on the grounds of inefficiency or even unlawfulness. Given that Prosecution is the single body overseeing the activity of the Information Service, we may conclude that the latter’s power are now significantly strengthened. From now on it would be able to employ all the levers in its power without being afraid of Prosecution pointing to its violations.

Noteworthy, one week prior to the reshuffle, Parliament harshly criticised the Prosecution for the failure to undertake measures provided for by the law in repressing the protest rallies, whereas it praised the report submitted by the Information Service.

In addition, Parliament recalled the Chair of the Parliament Commission on Social Assistance, Healthcare and Family, Mrs. Lidia Gutu.

Via another resolution Parliament appointed a new member of the Court of Accounts, Mr. Gheorghe Cojocari, who previously worked in the Principal State Fiscal Inspectorate.

Draft law on Alimentary Products

The draft passed by the Parliament in the first reading is aimed at outlining the ground legal framework for the production, processing, distribution of quality alimentary products so as to safeguard peoples’ health and protect consumers’ rights.

The law provides some general definitions and outlines the subjects of the law. It also establishes a string of requirements for ensuring food safety. A separate chapter is providing for the state regulation of the food retail, certification of products prior to sale, state control in the field. The draft also envisages a procedure of testing, finding non-conformity, withdrawal from the market of the products that do not comply with the regulations, and destroying dangerous products.

Law on rectifying the Law on State Budget for Year 2003

Via the amendments certain adjustments in the redistribution of revenues and expenses in the state budget were made. Noteworthy, the total amount thereof was not changed (this year budget provides for a profit of 300 million), neither was the 600 million loan from the National Bank. If it were not for the latter, next year’s budget deficit would have been 300 million.

Law on the modification of the Law on Public Service

The law stipulates that the Councillor of the Supreme Court of Justice Chairperson shall hold a I degree in the public service hierarchy, whereas the consultants, experts of the Court apparatus shall hold a II degree. Therefore, the status of Court officers was equalled to that of Government, Parliament and Presidency. The main reason for such modifications were to observe the constitutional principle thereby powers are equal, and therefore public servants working in each of them should be equal as well.

Noteworthy, prior to the adoption an estimation of the cost of the law was demanded, however neither the authors nor the Government provided such an estimate, which may serve enough grounds for contesting its constitutionality.

Law on exempting state road administration from paying the money necessary for compensating the losses incurred due to the exclusion of certain plots from the agricultural fund

The Parliament decided to exempt the state road administration from paying the amount of 7 million lei due in the compensation fund for the losses incurred due to the exclusion from agricultural use of the plots whereby Ukrainka — Tokuz road is being build, with access to Zviozdocika locality. Noteworthy, it wasn’t mentioned during the hearings whether local authorities on whose plots the road is to be built and who would have had extra-budget funds if the compensations were to be paid, were consulted or not on that matter.

Law on the modification of the Law on Local Public Administration

Under the Law on the modification of the Law on Local Public Administration issues on local council agenda shall be examined only if endorsed by the specialised commission, or the mayoralty and decentralised public service. In certain cases, at the initiative of 1/3 of the councillors, the council shall examine the aforesaid issues without the appropriate endorsements. This amendment was made in order to allow the council to pass decisions in cases when specialised commissions would not be able or be willing to do so for political or economic reasons.

Law on the ratification of the status of the Nuclear Research Institution

Nuclear Research Institution is an international intergovernmental research organisation based in Dubna, Russian Federation, established in 1956. Republic of Moldova applied for membership in 1992. The membership is important for several reasons:

Previously, Republic of Moldova’s debts accrued in 1992–2000 (around 2 million Dollars) were cancelled. In 2004–2008 Republic of Moldova annual quota would range between 20.000–25.000 USD.

Draft law on the modification of the law on the fingerprint registration

The draft approved by the Parliament in the first reading provides for the binding fingerprint recording to be stipulated in the laws on carabineer troops, fiscal service, customs service, Information and Security Service, Centre for Fighting Economic Crimes and Corruption.

The issues raised a lot of controversy since many opposition and even majority faction deputies claimed that it breaches human rights. In response deputies were informed that they had already approved fingerprint recording back in 2002 in the Law on the Fingerprint Registration. Another argument in favour of accepting the modifications was the fact that in France all the citizens are obliged to go through fingerprint recording.

Noteworthy, under the new regulations of the US Embassy to Moldova any person applying for a US visa would have his/her fingerprints recorded.

Draft law on the modification of the legislation on the production and circulation of alcohol products

The law introduces new provisions to the Law on the production and circulation of ethylic alcohol and alcohol products, in particular stricter requirements on testing the alcohol in the specialized laboratories of the customs; recalling the license without the right of renewal for at least 3 years for sale of forfeited alcohol; forbidding the sale of alcohol beverages in the stores smaller than 20 square meters, etc. The law also introduces a number of sanctions for the sale of alcohol products without invoices, denying the access of control bodies to the production or retail facilities; sale the products without documents attesting their origin.

Draft law on the modification of the Law on Enforcement of the Penal Code

The draft cancels the obligation to introduce a new form of punishment — community work, which was supposed to be enforced as of January 1, 2004. In addition the draft includes a set of modifications which would allow Ministry of Justice to organize certain territorial districts were the method would be put to a test. This last provision raised a lot of debates as it would mean a differentiated enforcement of the law in the country and depending of the place where the sentence is pronounced. For the very same crime different sentences would have been given, which runs counter to the law.

November 17–30, 2003 December 15, 2003 – January 11, 2004