Monitoring→Public Institutions→Parliament

Appointments. Dismissals

The Parliament has appointed the leadership of the National Commission of Financial Market (NCFM), the so-called “financial mega-regulator”:

Chairman: Mihail Cibotaru (member of the Chamber of Auditors, ISS officer);
Deputy Chairwoman: Aurica Doina (controller of the Chamber of Auditors);
Members: Vladimir Morari (CCCEC officer); Alexandra Puscas (employer of an international financial project).

At the same time, the Parliament has dismissed all members of the National Commission for Securities (predecessor of NCFM), Dumitru Ursu (appointed on 20.04.2006), Iurie Tirdea (appointed on 28.07.2005), Vasile Pentelei (appointed on 17.02.2005), Ghenadie Ciobanu (appointed on 06.12.2002), without a plausible and concrete motivation, though their 7-year mandates did not expire yet.

Legal acts

Law on state-guaranteed legal assistance. The document regulates the conditions, volume and mode of granting of the state-guaranteed legal assistance for protection of human rights and fundamental freedoms, other legitimate interests of people, ensuring of a free and fair access of everybody to qualified legal assistance. The assistance will be primary (granting of information and consulting) and secondary (granting of legal services and representation). The document is part of a package of acts for the judicial reform and its enforcement is a priority action for the implementation of the Moldova-European Union Action Plan (EUMAP) in 2007.

Law on status of information officer. It regulates the legal status of information officer of the Information and Security Service (ISS) of Moldova and the mode of functioning of the special service. The officer is in charge with organising, planning, conducting and controlling the information and counter information activity; collecting, verifying, storing, analysing and using information about national security; executing operative and special activity against terrorism and actions that undermine the national security; protecting the state secret, etc. The law is part of debts related to respect for commitments and tasks of member states of the Council of Europe.

Law on modification and completion of the Law on Superior Council of Magistracy (SCM) (introduction of the Legal Inspection). The document launched by Moldovan president seeks the creation of the Legal Inspection to advise the SCM. This body will be in charge with controlling the organisational activity aimed at making justice; examining petitions from citizens concerning ethics of judges; verifying appeals of the Prosecutor-General regarding the consent of SCM for filing criminal cases; verifying grounds used by Moldovan president or Parliament to turn down candidacies proposed by SCM to posts of judges or promotion of judges. Competent experts feared that the document does not clearly regulate the status of the Inspection and the mode of creation of this body, and this situation may challenge doublings or conflicts of competences.

Law on prevention and combat of money laundering and financing of terrorism. The Council of Europe (CoE) has studied the new law, which is a commitment assumed within the E.U.-Moldova Action Plan. Independent surveys signalled a selective and inefficient takeover of community regulations in the area, as well as other shortcomings of this document, including the awarding of excessive discretionary functions and excessive regulation rights to competent authorities.

Law on modification and completion of the April 26, 2001 Law # 100-XV on civil status acts. The law establishes the legal status of the civil status service and seeks the simplification of the process of transcription of civil status papers issued on names of Moldovan citizens by foreign authorities, empowering territorial civil status offices of Moldova and diplomatic missions or consular offices of Moldova to transcript these documents.

Law on modification and completion of the law on public associations. The Government has promoted the amendments without the necessary preliminary consultation and transparency, following the declared goal “to adjust them to regulations of the Civil Code.” Many nongovernmental organisations have raised essential disagreements with some provisions when the Parliament studied this draft. The draft was finalised after the proposals have been discussed with representatives of civil society organisations, with some of their initiatives being accepted.

Law on modification and completion of the law on ombudsmen and decision on modification of the Regulation on the Centre for Human Rights of Moldova (CHRM). The amendments came after the Optional Protocol to the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment was enforced on July 24, 2006. According to the protocol, every state appoints or introduces independent mechanisms to prevent the torture at national level. It is worth to notice that intentions of authorities to award these functions to CHRM have raised the criticism of nongovernmental institutions in charge with protection of human rights (Amnesty International, Helsinki-Moldova Committee).

Law on modification and completion of the March 28, 1995 Law # 411-XIII on Healthcare. Under the law, heads of public medical-sanitary institutions created by Health Ministry or local public authorities are selected at contests and the Health Ministry dismisses them. This amendment is motivated by “the lack of necessary competences of local public authorities in the law on administrative decentralisation and the law on local public administration.” Independent observers raise concerns with these amendments, fearing that they may allow a selection of heads of these local (district) medical institutions on political-administrative and economic criteria.

Law on modification of the law on 2007 state budget. The Government motivates the changes with the “situation of agriculture” and estimation of additional collections to the budget from VAT, customs duties and reduction of amounts for repayment of excise stamps. The highest rises envisage the growth of the fund for subsidising of farmers and rise (doubling) of the reserve fund of executive. Earlier, the Chamber of Auditors and opposition parliamentarians, mass media and other independent observers have repeatedly signalled serious shortcomings linked to administration of the reserve fund of executive, faulty and abusive use of the money from this fund including for political and conjuncture goals.

Law on modification and completion of the law on republican fund and local social assistance funds for people. It establishes a new modality of raising the tax from mobile telephony operators: 2.5 percent of the earning on sales of these services.

Law on modification and completion of the law on river and water basin protection areas and strips. It introduces amendments on classification of water areas and river protection strips, as well as special regulations on coordination of activities in these areas: with the central authority in charge with administration of natural resources; central health authority; state ecological survey agency; agency in charge with evaluation of the impact on environment. The new provisions are based on experience of neighbouring countries, particularly of the Russian Federation.

Law on completion of Article 24 of the May 31, 1990 Law # 64-XII on Government. It stipulates the creation of the Agency Apele Moldovei as a Government-controlled competent central body. The agency will be created through reorganisation of the Republican Water Management Concern Apele Moldovei. The need is motivated by “idea to bring together all the tasks linked to management of waters and water systems, as well as implementation of the strategy on water and sewerage delivery to Moldovan localities, into a single public institution.”

Law on modification and completion of the Customs Code and Tax Code. It regulates aspects of functioning of duty-free markets at ground crossing points of the state border (Moldovan-Romanian border). It is worth to note that the previous legislation which allowed the functioning of such markets was modified at the indication of state leadership, with the purpose to obstruct these activities, which “have facilitated tax avoidance schemes and other customs frauds.” The actions of authorities made some economic agents appeal to international courts and the ECHR has recently sentenced Moldova to pay huge damages (520,000 Euros in the case Bimer vs. Moldova).

Laws on extension of some terms for enforcement and execution of legal norms:

• Law on modification and completion of the law on basic principles of regulation of entrepreneurship. It extends until November 30, 2007 the execution term of this law (revision and adoption of normative acts within the mechanism called Guillotine II);
• Law on extension of the term for adjustment of endowments of private educational institutions to requirements of the law on education. Under the law on education, private institutions must meet certain conditions regarding statutory capital, use of classrooms, laboratories as property, but private pre-university institutions cannot meet these requirements. The introduction of these requirements in 2003 challenged protests and the term was earlier extended more than once, and this suspension is also motivated by “improvement of the draft Education Code” which will establish new regulations in the area.
• Law on extension of the term for creation of the legal police. Under amendments, the term for creation of the legal police controlled by the Ministry of Justice was extended until 2010. The change is produced by financial and material obstacles: the need of increasing the number of personnel, arrange areas, purchase motor vehicles, weapons and special equipment, maintenance sources, etc.
• Law on modification of the law on electricity. The term of liberalisation of electricity prices was postponed until 2015.

Laws on ratification of some international acts:

• The agreement on release of a technical credit between Moldovan and Polish Governments. The credit (up to 15 million dollars, a 1.4 interest, for a 20-year term) will be contracted to implement investment projects on drinkable water providing and environment protection;
• The Strategic Cooperation Agreement between the Republic of Moldova and the European Police Office;
• The agreement on avoidance of double taxation and prevention of fiscal evasion concerning income and capital taxes, additional protocol between Moldovan Government and Government of the Sultanate of Oman;
• The agreement on international carriers of perishables and on special transports used to carry these cargoes;
• The Financing Agreement between Moldova and the International Development Association ((Health and Social Assistance Project) worth 17 million dollars);
• The Financing Agreement between Moldova and the International Development Association ((sustenance project for the road programme), worth 16.0 million dollars).

Decision approving the judiciary strengthening strategy. The Parliament adopts this decision. Art. 1. — the judiciary strengthening strategy is approved accordingly to the annex which is part of this decision. Art.2. — the Government will ensure the implementation of the judiciary strengthening strategy and will work out draft legislative acts needed to implement the strategy and will deliver them to the Parliament.

Decision on granting of additional benefits to members of the Parliament. It increases the fees for sittings (from 30 up to 100 lei) and the compensation for transportation expenditures (from 300 lei up to 500 lei per parliamentarian). Also, it introduces a dismissal indemnity worth 6 monthly remunerations paid when the mandate of the Parliament is over, and annual compensations worth a monthly salary for treatment in sanatoriums. The draft decision is not accompanied by a public arguing note or results of economic, financial and anti-corruption surveys.

Statements

The parliamentary faction representing the Our Moldova Alliance (AMN) released a statement “on situation of agriculture” on July 19, 2007, seeking urgent measures to improve the situation of agriculture, in particular, “to stop the destruction of small agricultural entrepreneur.”

Speaker and all faction leaders have told their opinions about activity of the Parliament and evolution of social-political situation in country, at the end of the summer session:

• Marian Lupu said that decisions and choice of fellow citizens must be respected while parliamentary political forces must be wise and flexible for Moldova’s major interests. The speaker considers that neither the pro-European orientation nor the reintegration of the country lost their actuality and importance and the holidays could help get rid of euphoria and useless emotions, so that the Parliament to continue its activity with perseverance, professionalism and responsibility toward society and country.
• The leader of the parliamentary faction of the Party of Communists of Moldova (PCRM), Eugenia Ostapciuc, considers that the opposition knows the problems of the country, but it does not want to help solving them and seizes this situation to reach the own goals. Ostapciuc said that the PCRM faction is trying to resolve the problems with the existing means, while the opposition is speculating these issues to raise political capital. Finally, the PCRM faction leader added that those affirming that the results of the 2009 elections are predetermined “commit a grave mistake, and electors will vote again the PCRM, the only political force which demonstrated its capacity to resolve the problems of people, if the elections are right and fair.”
• OMA leader Serafim Urechean says that the common victory of democratic forces at the general local elections is the only result of the political season. On the other hand, OMA considers that Moldova entered an evident regress in the first half of 2007 because of the incompetent and irresponsible governance of PCRM. OMA regrets the annulment of live broadcasting of plenary sittings, new restrictions in the Parliament’s Regulation, limitation of freedom of expression and lack of reforms of public broadcasting. Also, it described as inconsistent the legislative reforms implemented in 2006: in electoral system; broadcasting organisation and authorities; control on public finances; judicial self-administration. Urechean accused the communists of sabotaging the new local administration by blocking the creation of local councils; introducing a central control on the social sustenance fund for population; depriving local administrations of the right to appoint and dismiss heads of subordinated budgetary institutions; centralising the financing of local police; refusing to allocate funds for compensation of effects of the drought in agriculture. Finally, Urechean recommended the creation of an apolitical anti-crisis Government in Moldova to remedy the situation and to balance the relations between central power and local administrations.
• Democratic Party (DPM) chairman Dumitru Diacov has accused the communist-controlled central and local authorities of fighting against opposition by blocking all initiatives of the opposition, intimidating the adepts, destroying the parliamentary political consensus, etc.
• Christian Democratic People’s Party (CDPP) chairman Iurie Rosca claims that the chief of state, the Government and the PCRM have declared war to everybody — opposition parties, local authorities, neighbouring countries. Rosca asked the chief of state to be correct, not to intervene abusively in activity of the Parliament, not to decide alone on arrival of representatives of the Tiraspol regime in the Parliament and Government and not to let his entourage manipulate him. The CDPP leader criticised the intimidation of opposition at general local elections and noted that the reforms launched through legislative modifications promoted after the April 2005 consensus have slowed down, they are blocked by bureaucratic apparatus, which chooses to imitate the good functioning and to meet political orders of the top leadership.

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