Activity of the Parliament on February 16–29, 2008

Appointments. Dismissals

The Constitutional Court has validated the mandate of Communist Deputy Oleg Turea, the Nr. 72 candidate in the list of the Party of Communists of the Republic of Moldova (PCRM). Turea is a job teacher and he will be member to the commission for culture, science, education, youth, sports and mass media.

PCRM Deputy Vladimir Dragomir was appointed chairman of the permanent commission for culture, science, education, youth, sports and mass media and PCRM Deputy Petru Gozun was nominated deputy chairman of the same permanent commission.

Dumitru Godoroja, legislator on behalf of the Socialist Democratic Party of Moldova (SDPM), will be member to the legal commission for rules and immunities.

PCRM Deputy Nicolae Bondarciuc, chairman of the commission for economic policy, budget and finance, was elected member to the permanent bureau of the Parliament. He succeeded Victor Stepaniuc.

Legal acts

Law on meetings. The document was a drawback in the list of commitments that Moldova has assumed in front of the Council of Europe, as well as in the European Union — Moldova Action Plan. Under the new law, organisers will have to inform the local public administration regarding the place and hour of the meeting, while local public authorities will not have the right to decide on opportunity to hold meetings, but to recommend another place or hour of the meeting, and organisers will make the final decision. Possibilities of limiting some meetings in order to protect general and common interests of society are maintained.

Conduct Code of public functionary. The document establishes professional standards for the public service aimed to improve the quality of public services, ensure a better management of public interest, prevent and combat bureaucracy and corruption in public administration. All public functionaries must respect the conduct norms and those who breach them shall be reprimanded accordingly to the legislation on public service and labour legislation.

Commentary by ADEPT: According to expertsRO, provisions of this draft shall be coordinated with stipulations of correlative drafts before promoting this law, in particular those concerning the prevention and combat of corruption; public function and status of public functionary; conflict of interests. The document contains ambiguous terms, it does not stipulate clear administrative procedures, and penalties for public functionaries are imperfectly regulated. Some regulations are capable to reduce the transparency of public authorities and they do not adequately oblige public functionaries to serve interests of citizens first of all.

Law on protection of brands. It regulates relations in the process of certification, legal protection and use of brands, creating this way the framework needed to enforce community regulations in the area.

Law on arbitration. It regulates the constitution, organisation and functioning of the arbitrage, an institution in charge with deciding on litigations related to civil law relations. The arbitration is an alternative way to settle litigations both by arbiters in charge with distinct cases (ad hoc arbitration) and permanent arbitration institutions.

Law on international trade arbitration. This law emerges from recognition of the international commercial arbitration as an alternative way to settle litigations on international trade.

Law on ratification (accession) to international acts on post:

The 7^th Additional Protocol to the Constitution of the Universal Postal Union;
The commitment on paid postal services;
The Universal Postal Convention and Final Protocol;
The General Regulations of the Universal Postal Union.

Decision declaring 2008 as the Year of Ion Druta. On occasion of the 80^th anniversary of the writer (on September 3, 2008), the Parliament has instructed the Government to work out and approve a programme on cultural-artistic actions dedicated to the Year of Ion Druta. The mass media is recommended to cover the events linked to the Year of Ion Druta.

Draft law on modification and completion of the Election Code. According to initiatives voted in the first reading, members to the Central Election Commission will have a 10-year minimum legal experience; the voting will be suspended for up to two weeks in the event of massive disorders or other unexpected circumstances.

Draft law on modification of Article 24 of the Law on Government. The document stipulates the dissolution of the Ministry of Industry and Infrastructure and takeover of its competences by the Ministry of Economy and Commerce. The amendments shall optimise the number of specialised central bodies of public administration and prevent doubling of functions between them.

Commentary by ADEPT: As regards the decision to dissolve the Ministry of Industry and Infrastructure, observers note that the new PCRM programme stipulates the “decisive introduction of post-industrial industry instead of agricultural economy and bureaucratic-nomenclature capitalism” as a priority in modernising Moldova.

Parliamentary control. Statements

Hearings. Motions

The parliamentary majority has turned down hearings demanded by the opposition, in particular:

Hearing of representatives of law bodies and other central institutions participating in the pursuit of the independent media and opposition parties;
Discussion of a motion seeking the dismissal of the minister of culture and tourism;
Notification of the Parliament regarding actions by the executive, as the Russian Federation violates the international law and opens polling stations in Transnistria;
Hearing of Government members regarding Moldova’s cases at the ECHR.

Questions. Interpellations

Deputy Speaker Iurie Rosca has asked the Government to report in which conditions the European Commission decided to lift the E.U. travel interdiction on alleged Transnistrian speaker Evgeni Shevchyuk. In another interpellation-statement, Rosca reiterated accusations from a previous declaration by the Christian Democratic faction brought against Vladimir Filat and LDPM, demanding operative investigation bodies to report the financiers of this political party.

Democratic Deputy Valentina Buliga has demanded information about functioning of technological machine stations, as the governance had actively promoted the opening of such stations but they are providing expensive services to farmers.

National Liberal Deputy Anatol Taranu has asked the Ministry of Foreign Affairs and European Integration to report the staff policy of Moldovan diplomacy, invoking the recent recalling of Moldova’s representative to the U.N. Alexei Tulbure.

Deputy Vladimir Filat has asked the Government to report measures taken to protect the private life since anybody interested may acquire technical interception devices.

Our Moldova Alliance (OMA) Deputy Gheorghe Susarenco demanded information about the Social Investment Fund of Moldova, collections by this structure and use of these amounts.

Igor Clipii has asked the Ministry of Information Development (MID) to provide information regarding biometrical passports, with the recent MID project being estimated at about 4.5 million dollars.

Oleg Serebrian holds information about disappearance of funds of the National Museum of Arts and demands competent authorities to make order in this sector. Also, Serebrian demands a list of prohibited food supplements.

Statements

Eighty-eight members of the Moldovan Parliament have adopted a declaration “concerning the unilateral declaration of Kosovo’s independence.” They raised a deep concern with the adoption of the independence declaration by Kosovo province authorities on February 17. Moldovan lawmakers described the declaration of Kosovo’s independence as a grave violation of Serbia’s sovereignty and territorial integrity, international law, U.N. Statute, 1244 Resolution of the U.N. Security Council, and basic provisions of the Final Act of the Conference on Security and Cooperation in Europe.

Speaker of the Parliament has said while on a working visit to the National Agency for the Protection of Competition (NAPC) that the law on protection of competition does not correspond any longer to needs of this sector and a new legal act is necessary. He noted that the NAPC shall promote cogent policies and make participants in this sector respect competitive requirements and principles, while its work shall be transparent, consistent and balanced.

Note by ADEPT: NAPC was created in February 2007 after a long protraction and hesitation by authorities. The Law # 1103-XIV from 30.06.2000 concerning protection of competition stipulated the creation and functioning of this agency, but neither the Parliament nor central authorities made efforts to create it by the end of 2005, when many amendments and completions to the Law # 1103/2000 were adopted, saying that the law was not corresponding to requirements in the area, including international regulations and practices. Amendments have been finally adopted, but members of the agency have been nominated within more than one year and the first actions by NAPC members signalled shortcomings of legislation and conflicts between perceptions of the mode of enforcement of this law.

The faction representing the Christian Democratic People’s Party (CDPP) has released several statements:

Concerning the demographic situation in Moldova. It raises concern with the decline of the number of people in connection with the massive exodus of population, decline of the birth rate and rise of the death rate, as well as rise of the number of divorces and decline of the number of marriages, which are almost equal. The CDPP recommends the Moldovan Parliament to adopt a complex of measures in order to stop the demographic collapse and remedy the situation;
Concerning risk of degradation of democratic process in country following the use of “dirty money” for political purposes. The CDPP faction is concerned over appearance of a new political party led by Vladimir Filat, which aims to bribe local councillors of other parties. It demands the Interior Ministry, the Centre for the Struggle Against Economic Crimes and Corruption, the Information and Security Service and the Prosecutor’s Office to investigate financiers of Filat’s party and to stop the invasion of dirty money in politics, if needed be.

LDPM leader Vladimir Filat has read a statement concerning the CDPP assaults, denouncing any bribery of members of other parties and describing the CDPP assaults as an attempt to distort the attention of the public from own problems and to destroy democratic parties.

The OMA faction has released a statement concerning Moldova’s alienation from settlement of the Transnistrian conflict. It is indignant that initiatives by the opposition to organise parliamentary hearings on the Transnistrian conflict have been turned down. Also, it notes that there are forces in Moldova which will oppose attempts to undermine the statehood and sovereignty of the country promoted by the acting governance.

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