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Activity of the Parliament on June 1–15, 2008

Appointments. Dismissals

Nina Cernat was nominated Deputy Chairwoman of the Supreme Court of Justice.

Legal acts

Law on social aid. The law regulates the legal framework and guarantees the right of disadvantaged families to decent living standards and equal possibilities by granting them social aid. Disadvantaged families in which all adult members correspond to one of the following criteria: have the retirement age; are disabled; are registered as job seekers; look after a child who is younger than six years old; look after a disabled person, will be provided social aid. The family will not have the right to social assistance should a member own worthy estate (measured accordingly to some indicators approved by Government). The social assistance is established as a difference between guaranteed minimum monthly earning of a family and its overall revenue (revenues raised under the shape of currency and in kind from remunerated work, all types of entrepreneurial activities, social insurance and assistance, use of farm land and plots, as well as other kinds of revenues, including property, securities and real estate owned by family).

Law on State Guard and Protection Service. The law sets the legal framework, principles of activity, duties, rights, competence and status of employees of the State Guard and Protection Service, control on their activity. It lays a special emphasis on social protection of SGPS staff.

Law on modification of Article 3 of the law on ombudsmen. Requirements for nomination of ombudsmen have been completed with the condition to enjoy an outstanding reputation.

Note by ADEPT: This amendment was adopted at the initiative of Moldovan president, but it does not specify the way the reputation may be assessed as outstanding, and this may encourage abusive interpretations. Nor it stipulates possibilities to contest untrue information or information collected via quasi-legal means which may be used to libel the candidate unaccepted by parliamentary majority.

Law on abrogation of the law concerning interpretation of provisions of some legal acts. The October 20, 2005 Law no. 245-XVI on interpretation of provisions of some legal acts was declared unconstitutional under the Constitutional Court Decision no. 20 from November 30, 2006.

Note by ADEPT: The unconstitutional law has introduced interpretations that harmed the interests of some economic agents which appealed to international law courts (International Arbitrage Court and ECHR), and the latter decided in their turn that the Parliament has abusively adopted the interpretations in order to further legislate a legal protection for abusive actions taken by the Customs Service of Moldova.

Decision concerning the Report by the Human Rights Centre on respect for human rights in the Republic of Moldova in 2007. The document reveals some shortcomings in the work of ombudsmen and signals the need to strictly respect the law on ombudsmen; examining appeals by citizens promptly and knowledgeably; exercising more efficiently the right to appeal on law courts in order to protect interests of petitioners; impelling the legal education of population; taking actions to ensure the functioning of the national anti-torture mechanism; participating more actively in actions stipulated by the National Action Plan on Human Rights. The Government is instructed to take actions in order to improve the normative and legislative framework in accordance with recommendations by the Centre Report and prevent violations of human rights.

Draft law on labour migration. The draft adopted in the first reading explains the labour migration as voluntary departure of Moldovan citizens to other countries and voluntary arrival of foreigners or stateless people to Moldova for temporary work purpose. The law will regulate the temporary work of immigrant workers, conditions of granting, renewal and revocation of the right to work and the right to temporarily stay for labour purpose, as well as requirements for temporary employment of Moldovan citizens abroad. The law will cover foreigners and stateless people who arrived in Moldova for temporary labour purpose, all individuals and legal entities, public administration authorities, Moldovans who temporarily immigrate to other countries for labour purpose.

Draft law on modification of some legal acts (concerning competence of CCECC). It limits the right of the Center for Combating Economic Crimes and Corruption (CCECC) to perform fiscal controls, except for penal charges. Under amendments, the CCECC shall be deprived of the right to order the forced execution of fiscal obligations.

Draft law on legal statute of adoption. It aims to regulate legal relations on protection of rights of the child, establish the legal statute of adoption, and ensure cooperation between public administration authorities and nongovernmental organisations and international cooperation in this area.

Draft law on modification and completion of some legislative acts (Law on security of personal data). Amendments aim to minutely regulate aspects of nomination and dismissal of administration of the National Centre for the Security of Personal Data, establish the status and functioning of the Centre.

Note by ADEPT: Experts note that in spite of the declared goal to ensure a real independence from any public authority, the proposed mechanisms and provisions do not contribute enough to ensuring the independence and inviolability of the centre head[1].

Parliamentary control. Statements

Hearings. Motions

The Centre for Human Rights released a report on respect for human rights in the Republic of Moldova in 2007. It generally signals the violation of the same rights: private security; quality of life; access to information; private property; access to justice, etc.

Director of Moldova-Vin Agency informed parliamentarians about situation in viticulture and winemaking industry, enterprises expected to be privatised and negotiations on spirits export held with the Russian Rospotrebnadzor Service.

By responding to a draft motion on situation in energy sector, the Ministry of Economy and Trade has reported:

The communist parliamentary majority has turned down the motion and only 19 parliamentarians have voted it.

Questions. Interpellations

Deputy Gheorghe Susarenco has asked law enforcement bodies to provide information regarding paintings stolen from Russian museums which Moldovan president has promised to deliver to Russian authorities soon. Susarenco indicated the necessity of finishing penal investigations and limiting the abusive involvement of the chief of state in managing and keeping this evidence.

Statements. Appeals

Our Moldova Alliance (OMA) Deputy Leonid Bujor has asked the Prosecutor-General’s Office to report grounds of criminal cases filed against some Moldovan youths and reality of the danger that they allegedly pose to statehood, and demanded it if calls by those youths are riskier for statehood than plans of the PCRM, which openly proposed in 2001 to include Moldova into the Russia-Belarus Union.

Deputy Gheorghe Susarenco has released a statement on situation of the Leova District Council, in which the PCRM faction and its supporters deliberately obstruct the settlement of the vacancy of a district councillor who died in early 2008.

National Liberal Party Deputy Vitalia Pavlicenco has invited legislators to find ways to study the legality of interferences by President Vladimir Voronin into prohibited areas, with the last one being the topic of press freedom, which des not have adequate conditions in Moldovan society.

The OMA faction has released a statement on respect for human rights in Moldova, which describes the situation in this area as regressive and permanently worsening.

  1. ↑ See expertise report on corruptibility of the draft law no.1594 of 15.05.2008, www.capc.md.