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Activity of the Parliament on July 16–31, 2011

The spring-summer session of the Parliament closed on July 28, with deputies being expected to resume plenary sittings in September.

Acts of major importance

Law concerning the National Integrity Commission. The commission will control declarations on incomes, estate and personal interests, is entrusted to notify criminal or fiscal organs in case of discordances or false data, and will publish declarations of dignitaries on its website. The Parliament and president of Moldova will nominate members of the commission by respecting some requirements relating to education, clean criminal record, and political non-affiliation the last several years, etc.

Note by ADEPT: According to independent surveys on the draft law concerned (anti-corruption survey by CAPC), authorities will be unable to fulfil all goals of the law, as the document does not explain clearly the procedure of examination and resolution of conflicts of interests. At the same time, changes undertaken by deputies when they passed the draft law in the final reading encourage the politicisation of functions of this commission, with a collegial organ made of representatives of parliamentary majority being empowered to make decisions. A better solution would be to ensure independence and inviolability of commission members, by selecting them upon an open contest, after attending integrity tests, and their mandate should be unlike the one of the Parliament and should not be ceased but in case of deliberate violation of law.

Nominations

Veronica Jurminschi was nominated member of the Management Board of the Bank Deposit Guarantee Fund.

Dismissals

The Parliament took notice of resignation of PCRM MPs elected in local public administration:

Legislative policies

Law on approval of the single classifier of public functions. The key purpose of the law is to objectively differentiate public functions accordingly to complexity level of tasks and management and decision responsibility level, as well as to set a general framework for civil servants’ professional development system and minimum requirements towards public functionaries. The regulation will be enforced concomitantly with a new remuneration system for public servants, which was not approved yet.

Package of laws concerning the simplification of the basic principles regulating entrepreneurial activity — “GUILLOTINE 2+”. Deputies approved the law concerning the regulation of business activity, the law concerning the implementation of the one-window approach for entrepreneurial activity and the law concerning the modification of some legislative policies worked out to implement a new round of the draft “GUILLOTINE 2+”, which aims to simplify business conduct conditions by annulling or reducing the number of documents and procedures of authorisation, conduct and control of entrepreneurial activity.

Law on modification of some legislative regulations (dissolution of specialised law courts). By approving this law, the Parliament decided to dissolute economic law courts (district economic court and Economic Court of Appeal) and the military court, and law courts (judges) and courts of appeal will take over their competences. Talks related to the necessity of dissolving economic courts lasted almost two years, and the Parliament failed twice in 2010 to adopt the draft law concerned. This proposal was motivated by the fact that economic courts are very corrupt and they are to blame for many ECHR judgements, but the arguments were not proved, with the Supreme Court of Justice turning down some of them. Law enforcement organs and legal experts raised concern with the new regulations, which bring new tasks for law courts, while the latter are short of competent staff in the area of economic litigations.

Decision concerning the establishment of a special commission to modify and complete the legislative framework on decentralisation and consolidation of local autonomy. The commission is made just of deputies representing the ruling alliance. The commission has 6 months to consider decentralisation policies and recommend solutions to adjust them to Constitution, European Charter of Local Self-Government. As well, the commission will ensure parliamentary control on drafting and enforcement of local self-government decentralisation and consolidation policies.

Note by ADEPT: A special commission with the same name, competences and functioning terms was set up on summer 2010, but its results are unknown and unavailable.

Decision approving the national anti-corruption strategy. The new strategy is based on international recommendations and standards in the area, positive and negative experiences gathered during the implementation of the previous strategy. A basic purpose of the new strategy is to reduce the corruption perception and to build a system which would discourage corruption: risks would exceed eventual benefits.

In order to reach its goal, the strategy sees a series of priority steps aimed to reduce tolerance towards corruption, adjust the normative framework to international anti-corruption standards, enhance transparency of institutions and organisations, including funding for political parties, strengthen the national integrity system and capacities of law enforcement organs and judiciary to combat corruption, as well as to boost efficiency of inspection organs. The strategy will be enforced via action plans and their costs will be covered by allocations for public authorities funded from state budget and budgets of administrative territorial units, as well as by external assistance.

Acts on ratification (adhesion) of some international documents:

July 1–15, 2011 October 1–31, 2011