Monitoring→Public Institutions→Parliament

Appointments. Dismissals

The Parliament has given green light to the resignation of PL parliamentarian Dorin Chirtoaca and declared his seat vacant.

Following members of the Permanent Bureau were elected instead of parliamentarians Vladimir Filat, Marcel Raducan and Anatol Salaru:

• Mihai Godea (PLDM);
• Ion Hadirca (PL);
• Alexandru Stoianoglo (PDM).

Legislative acts

Decision on setting up an investigation commission to elucidate the causes and consequences of the events that followed April 5, 2009. The commission will be made of 9 members and will be headed by PLDM Deputy Vitalie Nagaceschi. Taking part in works of the investigation commission, as decided by the commission itself, will be civil society representatives, experts and representatives of international organisations. The commission will table to the Parliament within two months a report on the findings of investigations relating to the developments after April 5, 2009.

Law on modification of the law concerning the status of Parliament member. In accordance with the amendments, parliamentarians elected as ministers will be able to keep serving as legislators in parallel for a 6-month term. Therefore, 9 parliamentarians were authorised to cumulate offices for a half-a-year term: Prime Minister Vladimir Filat; Deputy Prime Minister Iurie Leanca, minister of foreign affairs and European integration; Deputy Prime Minister Valeriu Lazar, minister of economy; Minister of Justice Alexandru Tanase; Marcel Raducan, minister of construction and regional development; Anatol Salaru, minister of transport and road infrastructure; Minister of Education Leonid Bujor; Valentina Buliga, minister of labour, social protection and family; and Health Minister Vladimir Hotineanu. PCRM legislators signalled the incompatibility of the office of parliamentarian with the function of minister and violation of the principle of separation of powers in a state, and are going to contest these amendments.

Law on modification and completion of the law concerning the procedure for electing the President of the Republic of Moldova. The amendments stipulate among others that:

• A single candidate can run for the presidential elections;
• The election procedure shall begin within two months (no deadline is set);
• 3/5 (61) parliamentarians shall attend the special sitting of the Parliament for election of president;
• The Parliament can be dissolved just once a year and the repeat dissolution is accepted 365 days after the last dissolution.

Statements

Statement concerning the rule of law and necessary actions to improve it

The Parliament notes with concern that the rule of law in the Republic of Moldova is gravely suffering of corruption and gives serious signs of political engagement. This situation is based on several shortcomings:

• Insufficient normative framework that encouraged the promotion to leading offices in law courts and judge positions on other criteria but those admitted in a democratic society based on the rule of law;
• The removal of lots of honest and qualified judges from offices in 2002–03 on political reasons and promotion of some persons loyal to the government instead;
• The negligence or selective enforcement by the Superior Council of Magistracy (CSM) of legislation which regulates the accountability of judges;
• The indifference of CSM and prosecution bodies over actions, sometimes criminal, taken by judges;
• The lack of reaction and resistance of the legal corps against intimidations and political pressures exercised by authorities;
• Unfair justice-making process and activity of the Superior Council of Magistracy, especially in terms of selecting, appointing, promoting, reprimanding judges;
• Insufficient initial qualification and continued training of magistrates;
• Inadequate material insurance of magistrates etc.

Inappropriate activity of courts made the society distrust the rule of law and seriously compromised the image of the Republic of Moldova in eyes of international community. Some actions are recommended with the purpose to remedy the situation as soon as possible, inclusively:

• Reformation and optimisation of the judiciary;
• Reformation of CSM competences;
• Complete transparency of the justice-making process and CSM activity;
• Elaboration of modern programmes on initial and continual training of magistrates;
• Making judges responsible for their decisions;
• Adequate material insurance for judges;
• CSM shall consider the accordance of offices of those who certainly unfit the competences of judge in a democratic state based on the rule of law.

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