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Activity of the Parliament on March 16–31, 2008

Appointments. Dismissals

On March 20, 2008, the Parliament “accepted” the resignation of the Cabinet of Ministers.

Commentary by ADEPT: A decision in this respect by Parliament is unnecessary and it is a political formality, as the legislation does not regulate situations when the resignation is not accepted.

On March 31, 2008, the parliamentary majority gave a trust vote to the new Cabinet of Ministers and its action programme called “Progress and Integration”. The new cabinet has the following members:

Commentary by ADEPT: Twelve out of 16 members of the former Tarlev cabinet have been awarded new mandates and this confirms that previous statements on essential renewal of the executive were formal and the dismissal aimed to remove former premier Vasile Tarlev and certain ministers who had a deteriorated image.

Legal acts

Law on currency regulation. The document aims to set out legal norms on conduct and reporting of currency operations, certification and activity of exchanges, as well as on currency control, in a move to implement the state currency policy and ensure the stability of the domestic currency market. The law complies with community regulations and the legislation harmonisation centre has confirmed its compatibility.

Law on modification of the Law on Government. The Ministry of Construction and Territorial Development will be created at the initiative of chief of state and it will take over competences of the Building and Territorial Development Agency and Apele Moldovei Agency. Under amendments, the Standardisation and Metrology Service is dissolved and the Ministry of Economy and Commerce takes over its competences.

Commentary by ADEPT: Authors of this initiative assure that the amendments aim at institutional and functional optimisation of central public administration authorities with regard to the central public administration reform. At the same time, the action plan on implementation of the central public administration reform strategy in 2008 does not make any reference to these amendments, which are promoted ad-hoc, without in-depth analyses. The communication to the draft law does not estimate expenses, economic-financial ground, impact, etc., and thus the regulations on elaboration of legislative and normative acts were violated (Regulation of the Parliament, Law # 780-XV from 27.12.2001 and GD # 1230 from 24.10.2006).

Law on protection of guaranteed geographic indications, origin names and traditional specialties. It regulates the record, legal protection and use of guaranteed origin names, geographic indications and traditional specialties. The elaboration was conditioned by the necessity of readjusting norms to EU standards stipulated by the EU-Moldova Action Plan.

Law on modification and completion of legislative acts (limiting the immunity of judges). The amendments eliminate the necessity to get the SCM consent for criminal charges against a judge. Previously, the prosecutor-general could file penal cases with the SCM consent only.

Commentary by ADEPT: Earlier, the SCM[1], nongovernmental organisations, judiciary representatives, parliamentary opposition and international institutions (CoE) have raised concern with plans to limit the immunity of judges, fearing that these actions may also affect the independence of magistrates. Authorities said these amendments come to enhance capacities of combating corruption, but they did not provide the necessary arguments.

Law on modification and completion of legislative acts (concerning members of the Superior Council of Magistracy). It authorises SCM chairman to hold a diplomatic passport and SCM members to hold service passports throughout their mandates.

Laws on ratification or joining to international acts:

Law on modification and completion of some legislative acts (concerning retirement pensions). The amendments award the right to pension to convicts, set up the pension by limiting contributions, obliging foreign citizens and stateless people to pay state social insurance contributions.

Law on modification and completion of the insolvency law. The document aims to prevent and settle conflicts of interests that may occur during management of insolvency procedures. So, the debit mass will be cleared off or used only with the express consent of the assembly of creditors or board of creditors.

Law on modification and completion of the law on legislative acts. Under amendments, the Parliament only will be in charge with approving policy documents such as “concepts” and “strategies”.

Commentary by ADEPT: independent experts fear that the amendments are not enough argued and the strict enforcement of the law could delay the approval of important policy documents, as the Parliament is less organised and operative in examining and approving acts.

Decision approving the regulation on the Human Rights Centre, structure, maximum personnel and funding. The document increases the number of ombudspersons up two four, with one of them being in charge with protecting the rights of the child. The centre will be in charge with training programmes, public relations; protection of the rights of the child; receiving petitions and organising hearings; it will control the investigative and monitoring service; the Chancellery, the administrative service and territorial representations.

Draft law on credit story offices. It aims to create conditions for the formation, processing, maintenance and delivery of information by credit story offices regarding respect for assumed obligations by debtors, as well as to enhance the protection of creditors and debtors. It regulates the notion and composition of the credit story, grounds, formation, maintenance and use of credit stories, regulates the functioning of credit story offices, regulates the opening, dissolution and reorganisation of these offices.

Decision on hearings concerning reasons of ECHR judgments on Moldova. The document notes that starting 12.09.1997 the ECHR has passed 111 decisions on Moldova, in which it indicated at least a violation of a right guaranteed by Constitution, and it erased applications in 60 cases. All enforced judgments on Moldova have been executed, with overall damages worth 1,492,639 Euros, 1,000 dollars and 489,377 lei being paid. As much as 3,010,427 Euros will be paid under ECHR judgments, should they become definitive accordingly to Article 44 of the Constitution. In general, the Court noted that national authorities have violated the following rights: to a fair trial; to freedom and security; not to be tortured; to an effective appeal; to freedom of expression; to apply to the Court; to protection of property; to private and family life; to freedom of thinking, consciousness and religion; to freedom of association. The ECHR has particularly sentenced Moldova for non-execution of judgments or excessive proceedings; admission of late appeals; illegal cassation of court rulings; groundless decisions; arrest and detention without a valid or grounded warrant; ill-treatment of applicants; torture; inappropriate detention conditions; deprival of the right at national level to seek compensation for violation of Constitution; wrong examination of applications on protection of honour and dignity; non-registration of religious denominations. Lawmakers have also assessed as follows:

The Government is instructed:

The Prosecutor-General’s Office is due to take actions aimed at efficiently implementing the regress and penalising public functionaries and judges for any grave violation that made the ECHR sentence Moldova. SCM will intensify the examination of appeals related to conduct and discipline of judges and will fairly punish judges who are to blame for wrong decisions. The Supreme Court of Justice is instructed to systemise the legal practice in order to adjust it to the ECHR jurisprudence, as well as to make explicative decisions related to ECHR judgments on Moldova which signal a faulty examination of cases by national law courts. The National Institute of Justice jointly with the Prosecutor-General’s Office and SCM will work out training programmes and organise the training of prosecutors, judges and other functionaries in charge with making justice in the area of human rights and ECHR jurisprudence. The Parliament pledges to examine and adopt draft laws on human rights and freedoms, consolidation of independence of the judiciary, as well as legislative acts aimed to develop democratic institutions nationwide.

Parliamentary control. Statements

Hearings. Motions

The parliamentary majority has turned down an initiative by opposition lawmakers to broadcast live the sitting, at which the resignation of the Cabinet of Ministers was accepted, as well as a proposal to invite the resigned prime minister at the sitting concerned.

Lawmakers representing the Democratic Party of Moldova supported by unaffiliated fellows have initiated a simple motion concerning the energy policy of the Government. The document tackles the ANRE dependence on Government; non-installation of meters at Moldova’s borders to measure the consumption of the gas supplied and transited by the Russian giant “Gazprom” via Moldova; the construction of gas pipes on funds of Government and people, while networks built this way are not recorded.

Sentencing of Moldova by ECHR

On March 21, 2008, the Parliament held hearings on Moldova-concerned cases at the European Court of Human Rights, with the participation of legislators, members of Government and associative sector. Governmental agent who represents Moldova to the ECHR reported that the European Court has sentenced the country in 111 cases and erased 66 cases. Minister of justice stated that by applying to the ECHR citizens show that they know their rights well, and noted that a special commission of the Ministry of Justice considers each ECHR decision in order to prevent new sentencing. SCM chairperson stated that people blames the judicial system every time when the ECHR sentences Moldova, assuring that shortcomings in this area are not those believed and they are related to objective reasons. Prosecutor-general said that a study is underway to reduce Moldova’s risks to be sentenced by ECHR, and noted that Moldova faces a high sentencing risk because an implementation mechanism was not established since it joined the European Convention on Human Rights. Opposition parliamentarians accused authorities, inclusively of being incapable to protect fundamental human rights at national level, so that citizens have to look for justice in Strasbourg. They noted that thus Moldova’s image is deteriorated. Communist lawmakers agreed that the situation related to the sentencing of Moldova by ECHR is alarming.

Questions. Interpellations

National Liberal Deputy Vitalia Pavlicenco has asked the Prosecutor-General’s Office and Interior Ministry to provide information regarding legality of actions by police officers who held youths participating in manifestations dedicated to the 90th anniversary of Bessarabia’s Union with Romania.

Statements

Deputy Igor Klipii has read a statement criticising the programme “Povesti cu Masti” aired by NIT TV channel. He demanded a watching interdiction for children under 16, fearing that the vocabulary and intellectual charge of this programme may have degrading effects on the psychic of a child.

The faction representing the Our Moldova Alliance has released a statement dedicated to the 90th anniversary of the Act on Bessarabia’s Union with Romania, describing the March 27, 1918 historic act as a courageous action by Sfatul Tarii members, Romanian-identity Bessarabia.

Christian Democratic chairman Iurie Rosca has read a new declaration bringing accusations against LDPM leader Vladimir Filat and raising concern with degrading relations between post-electoral majorities from regional councils, as he noted, Filat’s party bribed many local elected officials.

Parliamentary factions and opposition lawmakers said that they do not vote the new Cabinet of Ministers and its new programme. Representatives of OMA, DPM, NLP, LDPM and SDMP criticised the proposed programme, describing it as a political, declarative and ambiguous document. CDPP leader Iurie Rosca stated that his faction does not vote the new cabinet, but it appreciates members of the executive and regards them as technocrats, young, competent and promising persons.

  1. ↑ Report by SCM chairman to the general assembly of judges, 08.02.2008.
March 1–15, 2008 April 1–15, 2008