Activity of the Parliament on March 19 – April 1, 2007

Appointments

The legislature has given green light to an initiative of the Superior Council of Magistracy and appointed Ion Muruianu, deputy chairman of the supreme law court, as chairman of the Supreme Court of Justice.

The Parliament ascertained the vacancy of mandates of Communist Deputies Galina Balmos and Albert Datco. The Constitutional Court validated the mandates of substitute candidates Vladimir Panfilov (who will be member of the legal commission for appointments and immunities) and Elena Parpalova (who will be member of the commission for social protection, health and family), the 70th and 71st candidates of the Party of Communists of the Republic of Moldova (PCRM).

Under a parliamentary decision, PCRM Deputy Anatolie Zagarodnii was appointed secretary of the legal commission for appointments and immunities.

Legal acts

Law on modification of Article 46 of the Election Code. It established that the electoral candidates benefit of the right to be suspended from their permanent offices during the electoral campaign. The Government promoted this initiative under the pretext that the recent norms of legislation would produce major budgetary expenses, but it should be noted that this text was included in Article 46 of the Election Code when it was adopted for the first time (in 1997) and it stipulated that: “The electoral competitors benefit of the right to be relieved from permanent offices throughout the electoral campaign and they are paid medium salaries from allocations for elections.” In the effective formula adopted in 2005 (Law # 176-XVI), Article 46 (3) stipulates that the “Central Election Commission will pay the medium salary from allocations for elections, in accordance with remuneration documents presented by candidates, within three months since election day.” Opposition lawmakers criticised the Government’s initiatives, saying that the estimates of the executive are unreal (these amounts count for tens thousands lei), while the lack of possibilities of remuneration throughout the campaign will make candidates who run public offices not to suspend their activity, so that administrative resources may be also used during the electoral campaign. It is worth to note that this draft law was adopted by violating the Parliament’s Regulation (Law # 430-XVI from 27.12.2006 enforced on 23.03.2007), with Article 63/1 stipulating that:

the draft law is debated in the first reading and delivered to the appealed commission or other competent commissions in charge with examining amendments of lawmakers, objections and initiatives of parliamentary factions, permanent commissions, decisions of Government, legal directorate of the Parliament’s Apparatus, as well as proposals of civil society representatives;
lawmakers, permanent commissions and parliamentary factions will present the amendments to the appealed commission within 10 days since the draft was passed in the first reading, during preparation of the draft law for debates in the second reading;
developers of amendments are accepted at the sitting of the commission for finalisation of the draft law. The commission will inform beforehand the developer about the sitting.

Law on modification of the Parliament’s Regulation. The amendment adopted at the initiative of Communist and Christian Democratic lawmakers explains the new Article 82 (2), which stipulates that plenary sittings of the Parliament, except for secret sittings, may be broadcasted live by national radio and television in compliance with the Broadcasting Code or at the Parliament’s initiative, under a decision of majority of present lawmakers. Most of opposition lawmakers and independent observers said that this amendment annuls the obligation to broadcast live the plenary sittings. This supposition was confirmed by a developer of the draft law, Iurie Rosca, who said during debates that this amendment is needed to stop the abusive interventions of representatives of some parliamentary factions, to limit advertising and public appearance of representatives of some parties that did not participate in electoral race independently.

Law on registers. The law regulates the creation, maintenance, reorganisation and erasure of registers; legal relations developed in this process; functions of supervisors of registers. The provisions of this law will cover all types of registers, regardless of form of property or mode of keeping them. The registers will be created and kept on basis of distinct principles: legality; protection of the right of individuals and legal entities; protection of personal data of individuals; continuity; single identity; awarding of sanctioned access, etc.

Law on modification and completion of the law on administrative-territorial organisation of the Republic of Moldova. The territorial structure of the Cahul district was modified at the initiative of a PCRM deputy, with the village of Tudoresti being transferred from composition of the commune of Bucuria to the commune of Tartaul de Salcie. The Communist lawmaker motivated that “the village of Tudoresti was included in the village of Bucuria” from reasons unknown by public authorities and it is supposed that this was done from a “mechanic mistake”. It was also said that in spite of legal regulations in force for many years, “ the Tartaul de Salcie mayoralty kept and keeps all records on Tudoresti, but residents of the village are included in the additional list of this mayoralty at all parliamentary and local elections,” though legally they are part of another entity.

Law on modification and completion of legal acts on activity of prosecutor’s office. The law derives from the legislative action plan on implementation of the Council of Europe’s recommendations and the European Union-Moldova Action Plan (ensuring of impartiality and independence of prosecutor’s office, consolidation of administrative capacity of this institution). It explains the regulations on hierarchy of rankings of prosecutors, terms of mandates of territorial prosecutors, includes new norms on social guarantees, immunities awarded to prosecutors to ensure the equilibrium between facilities granted to judges and prosecutors. The speaker said that by adopting this law, the Parliament finished the adoption of legal measures deriving from the CoE recommendations on judicial reform.

Law on modification of the law on salary system in budgetary sector. The approved document establishes three stages of implementation of salary rises, which the parliamentary majority has earlier suspended at the Government’s initiative. Under amendments, the salary of medical personnel and social assistants must grow by 30 percent on average, of scientists by 22 percent, cultural and sport personnel by 40 percent. Salaries of lecturers will grow by 50 percent, teachers from pre-school and extra-school education by 32 percent and teachers from secondary general education by 17 percent. Opposition lawmakers criticised the attitude of authorities in this field, describing previous and recent actions as populist, aimed at influencing the opinion of voters before elections. They criticised the proposed mechanisms, the lack of clear criteria to argue the salaries of different categories of employees, described the rises as insignificant in comparison with the resources needed for a decent living. Representatives of the parliamentary majority argued that the rises are not essential, given the budgetary problems produced mainly by restriction of exports to the Russian Federation.

Law on modification and completion of the law on physical education and sport. The law aims to modify the provisions on social protection of performance sportsmen, who will be paid life indemnities (in percent, depending on value of medals they gain). Athletes who are citizens of Moldova and gain gold, silver or bronze medals at Olympics, World and European Championships for seniors will fall under incidence of this law.

Law on completion of Article 7 of the law on free economic zones. The law stipulates that if the free zone (subzone) stops working or the status of resident is revoked before the free zone (subzone) stops working, the former resident will place the goods introduced earlier under customs regime of the free zone under another customs regime, in line with legislation in effect.

Law on modification and completion of the law on international treaties of the Republic of Moldova. The document approved in two readings stipulates that if the international treaty does not contain an authentic text in official language, its authentic text will be presented in Parliament in a foreign language and it will be translated into the official language and legalised by the Ministry of Foreign Affairs and European Integration of Moldova. Earlier, the translation and its certification were needed only to publish the text of the international treaty.

Law on modification of some legislative acts (simplification of the tax reporting system). It stipulates the simplification of the fiscal reporting system for individual enterprises which have maximum 3 workers, as well as for reporting of transfer of social insurance premiums and mandatory health insurance premiums. The document is a response to recent protests of holders of entrepreneurial patents, who invoke the reticence toward registration of individual enterprises, costs and complicated fiscal reporting procedures.

Law on modification and completion of the law on state social pensions. Under regulations, “the length of service that grants the right to a pension must cover the period of study for doctor’s degree in the post-graduate system, if this study was completed before this law took effect.” The expenses for implementation are estimated at about 4.2 million lei for approximately 2,200 candidates to doctor’s degree registered at present.

Law on modification and completion of the law on publishing and enforcement of official acts. The document stipulates the publishing of a resume of the European Court of Human Rights’ judgments on Moldova in the official gazette Monitorul Oficial within one month since they become definitive. The composition of “resume” will be established by Moldova’s governmental agent to the ECHR, in spite of proposals of representatives of opposition factions who insisted on publishing of the whole judgments for a full information of all those interested.

Law on abrogation of the law on rent. It is considered that this act is out-of-date and invalid, as the new Civil Code was enforced. At the same time, a distinct law on rent in agriculture (198-XV from 15.05.2003), which aims to consolidate the farm land, is still in effect.

Decision on date of general local elections. The document tabled by representatives of all parliamentary factions established that the general local elections will take place on June 3, 2007. The mandate of acting councillors runs off on May 27, 2007, but its term is extended till the date when new bodies of local public administration will be created.

Decision on creation of the special commission for optimisation of legal framework for regulation of entrepreneurial activity. The commission was created to finalise and ensure the continuity of the process of optimisation of the legal framework for regulation of entrepreneurial activity, in line with the mechanism established under the Law # 235-XVI from July 20, 2006 concerning basic principles of regulation of entrepreneurial activity. The chairman of the Parliament will head the commission and most members of the commission represent the Communist faction. The special commission will examine reports and proposals on modification of legal acts that regulate the entrepreneurial activity, will issue the list of legal acts which will be abrogated. The commission will work out draft legal acts for modification and completion of legislation on entrepreneurial activity. The special commission “will be assisted by the World Bank’s Better Competitiveness Project, independent experts and the Business Consulting Council made up of organisations working in associative sector.”

Decision on modification of fields of activity of permanent commissions of the Parliament. Under amendments, the legislative aspects and parliamentary control on touristic activities were transmitted from the commission for public administration, environment and territorial development to the commission for culture, science, education, youth, sport and mass media. This initiative came from the chairman of this commission, Communist Deputy Victor Stepaniuc, with experts describing it as faulty, though the tourism is linked to the territorial development and economic development, while the previous amalgamation of fields in the Ministry of Culture and Tourism was not preceded by serious analyses and the situation in both fields remains complicated.

Draft law on public fields and their delimitation. It seeks the delimitation of public fields of the state and public fields of the administrative-territorial units. Public fields are the fields owned by state and administrative-territorial units and the right to possess, use and control them belongs to the Government and local public authorities. These fields may be part of the public and private areas of the state, with the public fields being imperceptible and imprescriptible.

Draft law on modification of the law on economic law courts. It abrogates Article 38 (3) of this law, after the ECHR has condemned Moldova (case Asito vs Moldova), with the European court describing the right of the prosecutor-general to contest final judgments as a violation of the principles of a fair trial.

Draft law on completion of the Code of Administrative Contraventions. The Parliament has passed in the first reading some completions on sanctioning for violation of legislation on beekeeping. The minimum sanction counts for 10 conventional units (200 lei) and it is applied for non-registration of address of bee gardens with mayoralty, while the maximum fine is 200 conventional units (4,000 lei) and the object is confiscated; a similar sanction is applied for violation of some rules on importation of biological material with confiscation of the object of the administrative contravention (for swarms, queens). Lawmakers said that these sanctions are exaggerated and may essentially affect the persons working in this field.

Draft law on modification and completion of legislative acts (harsher sanctions for violation of copyrights). The document passed in the first reading aims to modify the Code on Administrative Contraventions and the Criminal Code. Many lawmakers raised objections against exaggerated sanctions, extended rights of police bodies and, therefore, the speaker told the newly-created special commission for optimisation of the legal framework for regulation of entrepreneurial activity to study the draft.

Parliamentary control. Statements

The Parliament has modified the action plan for April-June, deciding to hold one sitting a week.

The parliamentary majority refused to convoke the interior minister for a plenary hearing in connection with abuses and breaches of democratic norms (abusive holding of some persons, journalists, sequestration of copies of some publications).

Also, it refused to invite Government representatives for a hearing on respect for copyright (use of pirated software, including by lawmakers and functionaries of the Parliament) and situation in winemaking sector.

Questions and Interpellations

Social Liberal Deputy Igor Clipii has asked the Government and subordinated bodies to report on:

Legality of some decisions on allocation of finances, under which expenditures in the amount of over one million lei for the travel of some dignitaries to other countries were covered from the reserve fund of the executive;
Abuse of authority by policemen;
Measures taken and planned for respect for legislation on respect for copyright, especially on software products.

Christian Democratic Deputy Stefan Secareanu has asked the Government and the Prosecutor-General’s office to take measures, so that economic agents pay for the grapes collected from population on autumn 2006 and to generally report the state of things in the field.^[1]

National Liberal Deputy Vitalia Pavlicenco has submitted interpellations seeking:

Control on legality of activity of the communal-dwelling directorate of the Chisinau City Hall. She invoked a collective petition of employees of this directorate, who accuse the administration of this subdivision of the City Hall of abuse, protectionism and corruption;
Control on legality of dismissal of the chief of the municipal directorate for the protection of family and child;
Reasons and legality of police’s actions of assaulting and holding representatives of the Liberal Party on March 27;
Measures taken by the Court of Auditors and CCCEC in connection with some violations following a control on the state-owned enterprise Calea Ferata a Moldovei.

Our Moldova Alliance Anatol Onceanu has asked the board of observers of TeleRadio-Moldova Company to examine the legality and compliance of activity of the interstate company Mirwith the Broadcasting Code and to establish if the programme “Rezonsans” aired by this company corresponds to principles of national public broadcasting.

Christian Democratic deputy Valentina Serpul has appealed to the Central Election Commission to ensure the right to vote of citizens who have a permanent domicile in some fruit growing associations in the Chisinau municipality but their residence is not legally confirmed.

Statements

Deputy Valentina Cusnir has read the Appeal of the Extraordinary Congress of the Moldovan Union of Oenologists. The appeal evaluates the situation and problems in the field, asking the authorities to take a series of measures:

To accept the Union of Oenologists as a professional organisation and mediator;
To reduce the pressure of state bodies on economic agents working in viticulture and to transfer some administrative competences to representative unions;
To annul the interdictions on exportation of wines in bulk;
To simplify the procedures of certification of spirits and marking with state trademarks;
To increase much the excises for vodka and other spirits for the rise of their prices on domestic market.

The Our Moldova faction has read a statement, raising concern and disagreeing with actions and intentions of authorities regarding stricter measures and legislation on migration, entrance and staying of foreigners in Moldova.

The parliamentary faction representing the Democratic Party of Moldova has released a statement on children without parents’ care, warning over the high number of children (about 35,000) who do not have parents to look after them (both parents left the country). The party asked the Government to take efficient measures in this field, notably to create a network of social assistants in all localities, to simplify the procedure of tutorship and guardianship, etc.

Deputy Vitalia Pavlicenco has presented statements:

“Concerning corruption and injustice that dissolve Moldova as state.” The authors accuse the authorities and warn that the political system, justice and other law bodies are most affected institutions;
Concerning “assaults of Christian Democratic People’s Party chairman Iurie Rosca on political opponents.”

↑ To note that many representatives of vine growers and winemakers have asked the Government at the recent congress of Moldovan oenologists to award facilities and to modify the legislation in effect, saying that they cannot pay for the grapes acquired from citizens because of the Russian Federation’s embargo.

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