Monitoring→Public Institutions→Parliament

The Parliament finished the spring-summer session on July 11, 2008, and it will restart plenary sittings in late September. The holidays announced two weeks earlier that usual were not motivated by fulfilment of the Parliament’s agenda, but by tiredness of lawmakers, forthcoming electoral campaign in 2009 and necessity of gathering new forces for this purpose. The heads of state and Government did not attend the final sitting, and the Parliament leadership did not tell lawmakers if they have been formally invited or their absence was “coordinated”. Lawmakers, leaders of factions and Speaker of the Parliament have made the parliamentary totals, giving different marks in this regard:

• LDPM leader Vladimir Filat considers that the Parliament has no tangency with major processes and developments in the country, while the legislative process has a low quality: 74 out of 144 laws and decisions adopted during the spring-summer session envisage amendments, completions and abrogations of legislative acts adopted mostly in 2001–2007, and this reveals the low professionalism in making laws; the Parliament does not almost participate in important processes for the country, such as, European integration, settlement of the Transnistrian conflict, as well as galloping price rise, crisis in agriculture, violation of human rights; — the Government and Presidency remember the Parliament when they need votes, and the communist majority supported by those cooperating with the governing accepts the Parliament’s marginalisation.
• The CDPP faction considers that the Parliament has maintained political stability and this allowed important reforms in the area of justice, broadcasting, religious denominations, legislation on parties, Central Election Commission, Chamber of Auditors, etc. Arrears concern the freedom of the media, local autonomy, human rights, while problems related to language, ethics, and religion shall be avoided, as they may strain the situation. CDPP criticised other opposition representatives, calling them “instruments serving the imperial interests of the Kremlin.”
• The OMA faction fears that the Republic of Moldova is regressing internally and externally because of the inefficient governing and its policy which undermines the European vector. OMA has divided the previous period into several rounds: in 2005, the legislature was delivering romantic statements regarding the pro-European consensus; lots of allegedly reforming laws have been voted in 2006, while they were hiding clan interests; democratic effects of these laws were expected so far in 2007, and latest appearances of some democratic trends have disappeared in 2008. OMA considers that the Republic of Moldova is signalled grave problems in the following areas: business climate; independent justice; free media; political system and conditions to guarantee fair elections. Serious regresses are the following: dissemination of allocations from the state budget for local public administration on the basis of political criteria; assaults on media institutions disloyal to the governance; harassment of youths who criticised communists on online forums; limited immunity of judges; refusal to seriously combat corruption, trafficking in drugs and human beings protected by police bodies, etc.
• The DPM faction considers that many drafts by the opposition concerning major problems for the country have not been studied, and a series of ongoing reforms (on elections, depoliticising of functions) have been abandoned or reversed.
• The PCRM faction considers that the acting corps of lawmakers has generally fulfilled the task of legally ensuring the further development of the country and society, in spite of very complicated socio-economic circumstances. It noted that ensuring a stable development of the economic complex, improving living standards of people, boosting Moldova’s authority on international arena are arguments proving the effectiveness of the ruling Party of Communists, high labour output of the parliamentary majority. The Parliament has actively contributed to the implementation of the EU-Moldova Action Plan, cooperated with civil society. The PCRM criticises opposition lawmakers for populist proposals and anti-communist rhetoric.
• The Speaker of the Parliament stressed the following key accomplishments of the session: the confidence vote given to the new Government and approval of its action programme; adoption of new socio-economic and legal laws; continued promotion of democratic values. Marian Lupu highly appreciated the parliamentary diplomacy and cooperation with civil society, which will deepen due to a Development Concept studied by Parliament.

On July 14, the Liberal Party (LP) held a press conference and described the work of the Parliament as irresponsible and faulty, saying that the PCRM-led communist coalition is to blame for this situation. Liberals sought an extraordinary sitting of the legislature to remove from the Electoral Code the norms restricting electoral blocs, demanded the reduction of the electoral threshold and annulment of restrictions on holders of dual citizenship to run public offices; modification of the Audiovisual Code to oblige TeleRadio-Moldova to organise public debates; adjustment of legislation on judicial system, prosecution, police, Information and Security Service to European standards; adoption of laws on social aid, subsidising of agriculture; integration of youth into society; rise of salaries for public servants, rise of pensions for retirees up to the minimum consumer basket; liberalisation of economy to attract foreign capital in Moldova.

Appointments

PCRM Deputy Grigore Petrenco, Chairman of the Parliamentary Commission for Foreign Policy and European Integration, was appointed Co-chairman of the Moldova — European Union Parliamentary Cooperation Committee.

Iurie Bejenari, Chairman of the Buiucani district court in the Chisinau municipality, was nominated judge of the Supreme Court of Justice.

Note by ADEPT: Talks on this candidacy have been hot, with opposition lawmakers (DPM, LDPM and OMA) saying that Bejenari has passed decisions contested by ECHR, which indicated the violation of the European Convention on Human Rights. PCRM and CDPP supported this candidate. Observers noted that this time PCRM and CDPP lawmakers have indicated legal norms which allegedly “oblige” the Parliament to accept candidacies proposed by SCM, though PCRM lawmakers did not earlier vote other candidates proposed by SCM (case of Gheorghe Ulianovschi and others), saying that “constitutional norms do not oblige a lawmaker to vote in a certain manner.”

Legal acts

The Parliament has examined and adopted many legal acts in the period concerned, including (basic) framework laws and laws on ratification of international acts:

• Concerning public office and status of public servant;
• Concerning labour migration; the law on labour security and health;
• Concerning public-private partnership;
• Concerning control and prevention of tuberculosis;
• Concerning amnesty in connection with declaration of 2008 as the Year of the Youth;
• Concerning construction of a prison;
• Concerning the Free International Airport Marculesti;
• Declaring the national public utility of building works at the Free International Port Giurgiulesti;
• On ratification of the Financing Agreement between the Republic of Moldova and the International Development Association for Additional Financing to the 2^nd Rural Investments and Services Project (RISP2);
• Concerning the ratification of the Agreement between Moldovan Government and Finnish Government for the avoidance of double taxation and prevention of fiscal evasion on income taxes;
• Approving Guidelines and Procedure Rules of the Central European Initiative.

The following documents raise interest among amended and completed acts of the existing legislation:

• The law on modification and completion of the Code of the Republic of Moldova on Science and Innovations which stipulates a new composition and a smaller number of scientific sections (from 6 down to 3); management of sections by deputy chairpersons of the Academy of Sciences of Moldova (ASM) and reduction of the number of members to the Supreme Council for Science and Technological Development (from 17 down to 15); limitation of the total number of entitled members and correspondent members of ASM (to 105 persons under 70 years old); higher rise for academic and scientific degrees (300–3,000 lei).
• The law on completion of the law concerning salary system in budgetary sector, which says that teaching and leading personnel of educational institutions of the Academy of Sciences of Moldova will be paid a rise of up to 100 percent of the basic salary for the creative, individualised and specific education of talented students accordingly to criteria, norms of evaluation of individual professional performances, and these funds will be included in the finances allocated to ASM every year. Professors of the ASM high school (21 persons) and ASM University (23 persons) will be paid the rise.
• The law on modification and completion of the law on customs service, amendments aimed to implement anti-corruption standards in customs legislation (release of information about vacancies; avoidance of hiring a former employee who was dismissed or sentenced for certain actions hich have a direct tangency with corruption; supporting and protecting illegally denigrated personnel, etc.
• The law on modification and completion of some legal acts (Criminal Code, Code on Administrative Contraventions, law on operative investigations, law on private detective and security activity). It introduces administrative or criminal responsibility for projecting, illegal possession and use of special technical means used to secretly get information, violation of rules on import, export, projecting, manufacturing or trading of these means.
• The law on completion of Article 15 of the Law on Government. Under amendments, the Government is entrusted to set up state prizes, approve awarding conditions and deliver to the president of Moldova the draft decree on awarding of state prizes.

  Note by ADEPT: the amendments come much later than the contest has opened, the contest commission was established and the value of state prizes was announced, so that opposition lawmakers have described actions taken by the executive and chief of state as abusive and illegal.

• The law on modification and completion of the law on Government. The document legalises the dissolution of the Ministry of Transportation and Road Management (through reorganisation of the Ministry of Transportation and Road Management and State Administration of Civil Aviation), establishing of the Transport Agency and re-establishing of the Agency Apele Moldovei.

  Note by ADEPT: In spite of statements that the amendments are based on the necessity of implementing exigencies of the central public administration reform and reform of regulatory framework on entrepreneurship, the way it was acted reveals many faults: the State Administration of Civil Aviation was involved in many scandals and accused of abuses; the civil aviation in Moldova is in a lamentable condition (deplorable endowment; few aircraft; few served routes; high prices, etc.); the Ministry of Transport was maintained in Government’s structure three months ago, and the ministry was sworn in and committed itself to execute the governing programme; three months ago, in order to implement the CPA reform, the Apele Moldovei Agency was amalgamated with the Ministry of Construction and Territorial Development and now it becomes an independent structure again, etc.

• The law on modification and completion of the Law on 2008 state budget. Incomes and expenses of the state budget are raised by 340.6 million lei and 216.6 million lei, and thus the budgetary deficit is expected to decrease by 124 million lei, down to 99.7 million lei. Revenues have increased by 66.9 million lei from tax on entrepreneurship income on basis of income declarations for 2007; VAT on imported goods and taxes on external trade by 260.2 million lei; some types of excises by 159 million lei.
• The law on completion of some legal acts (Law on notary’s office, law on real estate cadastre). The law aims to prevent financial pyramids and appropriation of investments of individuals. Amendments regulate the registration and mandatory authentification of contracts on investments in housing building, contracts on cesassion of related rights by notary. Also, it bans the payment of any fees by individual contracting side stipulated by the contract before being registered.

The Parliament has also adopted some decisions:

• Concerning the approval of the estimate of the Supreme Court of Justice, law courts and Superior Council of Magistracy for 2009: the estimate of SCJ will be 34,867,300 lei (16,619,700 lei in 2008); estimate of law courts will be 144,649,900 lei (92,816,500 lei in 2008); estimate of SCM will be 2,400,100 lei (3,381,300 lei in 2008).

  Note by ADEPT: Although it claims to reform the financing of the justice, the document is just a formal approval of the rate coordinated beforehand with the Government, with necessities of the justice being much bigger than these amounts. In 2008 for example, the Ministry of Interior was allocated more than 745 million lei, SIS — 120 million lei, Prosecutor’s Office 80 million lei, Government Apparatus more than 158 million lei, NPBC TeleRadio-Moldova — 51 million lei (it demands more than 120 million lei for 2009), etc. According to researches in the area^[1], the justice is allocated a little compared with the GDP, with Moldova registering smallest expenses for justice per capita in Europe (0.8 Euro).

• Approving the structure, maximum personnel and funding of the National Centre for the Protection of Personal Data. The centre will have 21 functionaries and the Government is due to find and foresee the necessary funds.

  Note by ADEPT: the law on protection of personal data was adopted on February 15, 2007 and entered into force on July 27, 2007. The law was ineffective for more than one year because it did not include enough regulations on activity and financing of the centre. Nor the new amendments were clear enough, as they say that the centre will be funded from the state budget and other sources foreseen by legislation and the Government “will open the funding of the centre” without specifying any concrete share or date when the funding will begin. The state budget law for 2008 does not stipulate financing, but the centre will undergo transition measures even after the release of the funding, in particular, takeover of databases, setup of new information bases and systems, etc., and this situation will delay the application of the law enacted a year ago for an indefinite period.

• Concerning the participation of the National Army military in international humanitarian post-conflict in Iraq. It approves a 6-month participation of 20 military of the National Army serving under contract (16 bomb experts and 4 military officers) with individual equipment, munitions and weapons. Additional expenses for the training and participation of the contingent will account for about four million lei.

Parliamentary control. Statements

Hearings. Motions

Reports on execution of 2007 budget

The report by the Ministry of Finance has assessed a good execution of the budget, but stressed certain faults. The report by the Chamber of Auditors was harsher, with this institution signalling many drawbacks in management of budgetary funds and public patrimony^[2]. The parliamentary opposition has described the report on execution of the budget as populist and aimed to mislead people. PCRM representatives consider that the reports reveal progresses made by the Government in 2007, cover positive results in implementing economic and social policies. At the same time, Chairman of the parliamentary commission for economic policy, budget and finances asked the Government to carefully consider the report by the Chamber of Auditors, make corrections and prevent other shortcomings in the future.

CCA report

The Parliament has heard a report by the Audio-Visual Coordinating Council (CCA) and made a decision in this respect. Although opposition parliamentarians have bitterly criticised the CCA, the Parliament decision “takes notice of the report” and instructs the CCA to consider proposals by working bodies of the Parliament and lawmakers and to work out an action programme within two months “with the view to optimise its work and activity of broadcasters from country.”

Statements

Speech by PACE president

The president of the Parliamentary Assembly of the Council of Europe (PACE), Lluis Maria de Puig, has stated in an address to Moldovan parliamentarians that the state leadership and opposition in Moldova have the political willingness to implement commitments towards the Council of Europe. The PACE president stressed that reforms in the area of the rule of law, freedom of the media, anti-corruption fight shall be accelerated. The 2009 elections must be free and fair, as they will be a test of what Moldova has learned as democratic practice. The European official recommended Moldovan legislators to get the Venice Commission’s review on latest amendments to the electoral legislation concerning electoral threshold, electoral blocs and dual citizenship.

Note by ADEPT: The PACE president and parliamentary leadership have avoided tackling arrears from the Special legislative action plan on fulfilment of EC recommendations, though these drawbacks raise serious conflicts^[3].

The faction representing the Our Moldova Alliance (OMA) has presented a declaration concerning situation of agriculture, accusing the parliamentary majority of avoiding studying the situation in the sector and lacking adequate policies to redress the situation.

The CDPP faction has released a statement concerning quality of mineral and drinking water sold on domestic market, asking the Government to conduct a legal expertise of documents on which basis the mineral water is attributed to a category, as well as to conduct an independent and fair survey of all mineral waters sold on Moldovan market.

Deputy Vladimir Filat, leader of the Liberal Democratic Party of Moldova, has released statements concerning:

• Resolution of problems of former deported people, rehabilitation and retroceding of estates taken over by state during deportations;
• Refusal of President Voronin to attend the GUAM Summit;
• Activity of the new Government.

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