Activity of the Parliament on February 15–28, 2006

Reshuffles

The mandate of Afanasii Mandaji, alternate candidate of the Moldovan Party of Communists (PCRM), was validated, so that a vacancy of lawmaker was completed. Mandaji is the number 67 candidate in the list of PCRM and he was a lawmaker in the 15th legislature.
The Parliament has passed a series of changes in the structure of the commission for economic policy, budget and finances. Gheorghe Popa (PCRM) was appointed deputy chairman of the commission, while Valeriu Calmatui (PCRM) became secretary. Afanasii Mandaji (PCRM) was named as member of the commission.
Lawmakers Ion Gutu (Our Moldova Alliance (AMN) faction) and Gheorghe Popa (PCRM faction) were appointed to the central commission for the control of income and estate declarations. Under the July 19, 2002 Law # 1264-XV, the central commission for control receives and checks beforehand the incomes and estate declarations submitted every year by January 31 by president of Moldova, lawmakers, members of the Government, judges of the Constitutional Court, judges of all levels, prosecutor-general and subordinated prosecutors, members of the Chamber of Auditors, members of the board of directors of the National Bank of Moldova, members of the National Commission for Securities, ombudsmen, chairman of the Central Election Commission, chairman and deputy chairmen of the aparatus of Government, heads of territorial offices of the aparatus of Government, etc.
Although it was proposed for discussion, the draft decision on replacement of some lawmakers who have been earlier excluded from the AMN faction in international organisations was not adopted. The talks that the AMN has started on this topic revealed that the number of lawmakers of this faction does not allow it to have the same representation like at the beginning of activity of the Parliament and other factions, especially of PCRM, could receive a part of these posts.
Opposition factions accused the representatives of the parliamentary majority of abuse on February 24, 2006, while the AMN faction demanded the resignation of Deputy Speaker Maria Postoico for not granting additional time for questions and interpellations of lawmakers.

Legislative documents

Law for the modification and completion of the law on Government. The law stipulates the creation of the Ministry of Local Public Administration and excludes the National Bureau for Migration and Agency for Regional Development from the list of specialised central bodies of public administration. The initiative on creation of this ministry, in the formula proposed by executive, has raised controversial talks and criticism of the parliamentary opposition. The parliamentary majority supported the creation of this ministry, but accepted that its functions and competences be discussed further with the “involvement” of all those interested.

Law for the modification of the Code of Penal Procedure. The amendments to Articles 429 and 455 of the Code of Penal Procedure annul the obligation to declare the appeal and annulling appeal “in typed form.” This solution was adopted to ensure the access of inmates or persons who are incapable to fill up contestations against judgments to justice.

Law on cereals and deposit certificates for cereals. The adopted document establishes new regulations on activities of maintenance of cereals, setting up a special register of all enterprises working in the area.

Draft law for the modification of the Law on Governmental Agent. The draft adopted in the first reading proposes the introduction of new orders on repayment of compensations established by the European Court of Human Rights (ECHR), as well as on execution of the right to regress against persons who are to blame for sums that Moldova is obliged to pay through ECHR judgments or agreement on amicable settlement of a cause. The Prosecutor-General will file the regress after the Governmental Agent presents information about the case concerned. Parliamentary political forces and representatives of legal community have univocally appreciated the draft, with the persecution of some judges who have obeyed to political-administrative pressures and passed unfair judgments, which were contested in the ECHR later, being the main danger.

Draft law for the completion of the law on publishing and enforcement of official acts. The document voted in the first reading introduces the obligation to provide free access to official acts that represent the legislative fund of the Republic of Moldova. The Government regards this amendment as inopportune, as the access to the legislative-normative base is ensured via the recently launched website of the Justice Ministry.

Parliamentary control

Hearings

Lawmakers heard information about control on execution of the June 30, 2000 law # 1100 on making and circulation of ethyl alcohol and alcohol production. According to a report by the parliamentary commission for agriculture and processing industry, the lack of a strict record of making and circulation of ethyl alcohol and alcohol products generates big losses to the state budget. Estimates show that about 200 million lei (15.5 million dollars) could be raised to the budget. The lack of an electronic record register of all businesses working in the area is the main cause of shortcomings, which would contain updated data on production they make or/and sell. Lawmakers proposed harsher sanctions for violation of legislation on this sector and indicated the need to ensure a strict control on use of sugar in wine industry, combat of counterfeiting of alcohol production.

Questions and interpellations

Lawmakers have heard several answers to questions that the Ministry of Economy and Trade has earlier received regarding:

Cession of Moldova’s debts for supplied natural gas by Gazprom Concern. According to a report by Minister Valeriu Lazar, Gazprom has transferred the debts of Moldova to the Factoring-Finance Company, a financial institution affiliated to the Russian concern. The joint stock society Moldova-Gaz was not notified beforehand about intentions to cede the debts and the new debtors did not raise any pretensions to the Moldovan company until now.
Effect of Romania’s entry in the E.U. on foreign trade. According to governmental officials, the entry of Romania in the E.U. and the denunciation of the free trade agreement between Moldova and Romania on this occasion will not affect much the foreign trade of Moldova. This assertion is based on the fact that the trade with Romania will be the one practiced with other countries of the European community, while the generalised system of preferences “GSP+” provides free access to 85 percent of Moldova’s exports to the E.U. market. On the other hand, Moldovan exporters could obtain new opportunities, as the products made in Romania could be dearer after the neighbouring country joins the E.U.
Sale of the share package of the joint stock society Moldtelecom in the mobile telephony operator Voxtel. The minister of economy and trade said that the sale of 10 percent of the state-owned shares in the capital of Voxtel “had a legal coverage.” The GSM company has used its right to redeem shares that shareholder Moldtelecom decided to sell. The state obtained about 10 million dollars from this transaction and lost the right to participate in management of the joint stock society Voxtel. It should be noted that Voxtel’s revenues accounted for 956.2 million lei (73.7million dollars) in 2005. The shareholders of Voxtel are: France Telecom Mobiles (FTM), which owns 61 percent, Moldavian Mobile Telephone Bis — 30 percent, MobilRom 4 percent, and the International Financial Corporation (IFC) 5 percent.

The lawmaker representing the AMN faction, Anatol Onceanu, submitted several interpellations to the Moldovan president on February 17, 2006, asking him to speak out publicly about the “legal coverage of the direct involvement in direction of legislative, executive and juridical powers” and statements of Romanian President Traian Basescu regarding “the request for a route paper of the E.U. for the Republic of Moldova,” “boost of the Romania-Moldova bilateral relations, starting from the principle «two states — one nation» which will meet again in the E.U.,” “translation of the entire Romanian nation inside of the E.U.”

Opposition representatives accused on February 23 and 24 the parliamentary opposition and some of its representatives of abuses and usurpation of some functions improper to a state with a democratic parliamentary regime. The closing of a plenary sitting of the Parliament after an hour of questions and interpellations was the cause of these accusations. The need to modify the Parliament’s Regulation was taken back to the foreground on this occasion, with the opposition and parliamentary majority insisting on introduction of some amendments to establish the procedures of parliamentary control clearly.

The most unexpected statement was delivered by the chairman of the parliamentary commission for culture, science, education, youth, sport and mass media, Victor Stepaniuc, former chairman of the PCRM faction. Stepaniuc said that the legislation stipulates the right of lawmakers to questions and interpellations and “it does not exist in Constitution,”^[1] while the way this right is used at plenary sittings “is inefficient,” a situation requiring the revision of legislation and practices in the area.

↑ Article 105 from the Constitution (Questions and Interpellations) establishes that “the Government and each of its members must answer questions or interpellations of lawmakers” and the “Parliament can adopt a motion to express its stance on object of interpellation.”

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