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2007 Assessment

Moldova: Integrity Indicators Scorecard

Moldova: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	92
30	Are there regulations governing conflicts of interest by members of the national legislature?	18
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	67

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: Parliament is the highest representative authority of the people of Moldova and the only legislative authority of the state. By the supreme law (art.134), only the Constitutional Court can undertake a control of constitutionality on the laws and decisions of the Parlimanent, as well as the decrees of the president of Moldova, the decisions and indications of the Government, and the international treaties that were ratified by Moldova.

References: Constitution of RM (1994)

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: The Constitutional Court intervenes regularly, when it is solicited to intervene by the subjects strictly defined by the constitution (MPs, government, president) to interpret the constitutional provisions, to advise on the initiatives to review/amend the constitution, to confirm the election of the Parliament and of the president of Moldova, to confirm the conditions which justify the dissolution of the Parliament, the dismissal/impeachment of the president of Moldova, or its provisional vacancy of the incapacity of the president to fulfill his/her attributions over 60 days, to resolve other exceptional cases when the judges of the Constitutional Court consider tha the laws contradict the constitution.

References: Elena Arama, USM, History and Theory of the Law Department: www.iatp.md;

Constitutional Court: www.constcourt.md/decisions

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Art.9 of the law stipulates the conditions in which MPs enjoy a parliamentary immunity, which ensures that MPs cannot be prosecuted by judiciary for their speeches, political opinions or their votes in the Parliament. If the prosecution address the Parliament to suspend the immunity of an MP, then the Legal, Nominations and Immunity Commission of the Parliament may decide over 15 days if an MP can lose his/her immunity to appear before a court of justice to defend his/her rights. The Immunity can be suspended with the votes of 50 percent + 1 from the legislative.

References: Law on the Statute of the Members of Parliament (No.39-XIII of 07.04.1994)

Peer Review Comments: The most recent case concerns lawmaker Vasile Colta, from the Alliance Our Moldova. He was alleged to have been involved in a fatal traffic accident, in illegal land transactions, and in cigarette smuggling. He received a postponed five-year sentence last May over the land deal and is still under investigation over the cigarette affair. See [ LINK ], [ LINK ].

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Law on the Declaration and Control of Revenues and Properties (No.1264-XV of 19.07.2002) includes MPs among the categories of those who are obliged to provide full references of their incomes/estates before the Central Control Commission, which must validate/oversee these declarations.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: There are no restrictions for national legislators after leaving the government.

References: Law on the Statute of Deputies/Members of the Parliament (No.39-XIII of 07.04.1994)

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: There are no specific regulations governing gifts and hospitality offered to members of the national legislature in RM.

References: Parliamentary Procedural Regulation (No.797 of 02.04.1996) Law on the Statute of the Deputies (MPs) - No.39-XIII of 07.04.1994

Peer Review Comments: This being said, the anti-corruption law -- as far as I know -- accepts MPs in the definition of a civil servant. If these gifts are corrupt consideration, then MPs are legally covered.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: Art.7 states that MPs shall present their revenue declarations and estate situation at the begining of the mandate. Declarations are received by the Legal, Nominations and Immunity Committee of the Parliament, which shall organize in cooperation with fiscal bodies a control over the conformity of these declarations and the taxes paid according to the Fiscal Code. The commission will present a report on the situation of deputies two days after which this report is voted by a simple majority in Parliament. There are no requirements for independent auditing, although independent press have often independently reasessed these declarations, with almost no reaction afterwards from the Legal, Nominations and Immunity Committee of the Parliament.

References: Law on the Statute of the MPs (No.39-XIII of 07.04.1994)

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: No such restrictions exist currently in the legislation governing the statute of the MPs, and this is conducive to open lobbying of economic interests of the companies and firms led by outstanding politicians of the Parliament. No lobbying legislation exists, therefore economic interests are generally facilitated through agenda-setting mechanisms and via leadership of the parliamentary fractions.

References: Alexandru Tanase, lawyer, Center for Legal and Penal Studies Mihai Godea, Contact Centre

30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

Comments: Regulations are not effective, as they are virtually non-existent.

References: Center for Independent Journalism : www.ijc.md;

Center for Investigative Journalism: www.investigatii.md

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: Formally, according to the Statute of the MPs (No.39-XIII of 07.04.1994) declarations of revenues and estate of the MPs shall be made public and voted with a simple majority of votes in the Parliament. In practice, no effective deliberations on this subject are made, and mass media receive the report the latest. No independent auditing of the results is made to bring revenue asset situation in conformity with the existing realities.

References: Mihai Godea, Contract Center Galina Bostan, lawyer for Human Rights Association

Peer Review Comments: Comments bellow are equal to 0 grading.

Peer Review Comments: This is similarly to the outcome of the executive branch asset disclosure.

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: No information on the revenue / income declarations is accessible on the website of the Parliament. Excepting a formal information provided by the Press Service, no other data has been accessible to the mass media in 2005 and since.

References: [ LINK ]

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments: No access to income declarations is made on the institutional site of the Parliament, while data provided by the Legal, Nominations and Immunity Committee is irelevant, outdated and unverified.

References: Aliona Radu - editor in chief of the Ziarul de Garda Corina Cepoi - director of the Center for Independent Journalism

Peer Review Comments: In May-September 2004, Transparency International Moldova requested, in a letter addressed to 95 authorities, central and localpublic authorities, levels ,

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments: Citizens cannot access with costs or without costs a number of sources of information: income declarations, parliamentary budget, distribution of houses and apartments, employment of the parliamentary staff, use of the budgetary resources for the needs of the Parliament, etc.

References: Galina Bostan, Lawyers for Human Rights Corina Cepoi, Center for Independent Journalism

Peer Review Comments: Transparency International Moldova conducted in May-September 2004 a study on access to information and addressed requests for information to 95 public authorities, including the Parliament. The authorities which did not answer included the Parliament. The most looked information proved to be one related with the property owned by officials. ("Tramped Underfoot", on www.investigatii.md)

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: Art.45 of the Regulation stipulates that the business agenda of the Parliament is to be placed on the institutional website prior to deliberations at the beginning of the weekly session. Art 48 stipulates that in no more than five working days from the setting of the legislative agenda, drafts of the law, decisions, as well as other documents which are debated by the Palirmaent shall be placed on the website. The same is done in the case of deliberations.

References: Procedural Regulation of the Parliament of RM (No.797 of 02.04.1996); www.parliament.md

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: Citizens can access a part of the records (stenograms) of the deliberastions in the Parliament which are placed on the institutional website. This information is not systematic and is decided by the parliamentary staff when it is to be placed or not on the website. Since February 2007, Parliament decided to suspend direct broadcasting of the parliamentary sessions on the public TV station, which was in fact a step back in regard with the access to information law adopted in 2000, and despite criticism from the civil society, leadership of the Parliament has kept the decision on the premise that 'some politicians will use this kind of broadcasting fro making personal political capital' (!?)

References: Vasile Spinei - ACCES INFO Association: www.acces-info.org.md - Monitoring report on the application of the Law on Access to Information in Moldova; Your right: access to information. Field Legislation of the Republic of Moldova on the Freedom of Information, International Acts and Practices.

Peer Review Comments: 2 weeks is the minimum it takes for ordinary people in order to access legislative information. Official Monitor, where all the documents and acts are being published, is un-affordable to the majority population, because of poverty/costs. Once the broadcasts of parliamentary sittings were canceled, people were deprived from information about legislative process. Reports at Teleradio-Moldova are biased, lacking critical approach and balance.

Peer Review Comments: The live broadcast was suspended on ground of high costs for National Television and Radio, and then Vocea Basarabiei Radio has offered to broadcast live the parliamentary sessions, on own expenses. A decision was due within weeks, but the Communist majority is appearently inclined to turn down the offer.

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: Parliamentary staff is in charge to produce regular records of the parliamentary sessions and post them on the website (www.parlament.md). There, everyone can consult and access them, in order to get documented on the parliamentary business. Usually, citizens are not paying for accessing the website of the Parliament, while other kind of paid-information is not delivered by the Parliament. Citizens have to pay only for the Monitorul Oficial (monthly circulation) which include all laws, decisions adopted by the Parliament, as well as decisions and decrees taken by the rest of the public authorites in Moldova (presidency, government, Constitutional Court, Auditing Court, etc). The costs for an annual subscription to Monitorul Oficial is about US$40. Nevertheless, parliamentary staff have a very selective approach, and many critical sessions are not recorded at all, particularly when they are very sensitive. In May 2007, Parliament decided to stop transmission of the parliamentary sessions at the largest national-broadcasting TV and radio Company TVM1 for unexplained reasons. Despite protests from the mass media and the opposition, the decision remained intact.

References: www.acces-info.org.md www.parlament.md

Peer Review Comments: Internet usage is very low - up to 10%, so citizens in countryside do not have access or have very limited access to legislative information. Not all acts/laws are being placed on the Parliament site, and power-purchase of Official Monitor is low.

Peer Review Comments: I receive the press releases from Parliament at no cost, but I an convinced I do not receive the information about all of the events. Rather, I receive a selected coverage or announcements from the legislative press service. The same is applicable for the website. On the other hand, my colleagues who watch the debates live from the session hall bring me interesting news that were skipped in the official communiques.