Major change to the agenda and voting system unfriendly to the public: Promo-LEX findings on the sidelines of the Parliament session of March 30-31

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In the opinion of Prom-LEX, the considerable modification of the agenda adversely influences the transparency and predictability of the legislative process. In fact, all accepted proposals to change the agenda were submitted by PAS deputies. And the 8 proposals submitted by the opposition (BCS), including the plenary hearing of Prime Minister Dorin Recean, did not meet the required number of votes.

After almost two hours of debate, the parliamentary majority extended for the 7th consecutive time the state of emergency, declared on 24.02.2023 in the context of the military invasion of the Russian Federation against Ukraine. Promo-LEX recalls that regarding the last 2 decisions of the Parliament to extend the state of emergency, the verification of the constitutionality control was requested, but the examination was stopped by the Constitutional Court due to the registration of the parity of votes. Thus, the respective decisions are presumed to be constitutional.

At the meeting of 31.03.2023, the Parliament implemented a new electronic voting system. Promo-LEX notes that the vote result is published on the legislature’s website in a format that is unfriendly to the general public and that does not allow optimal data analysis and processing. Promo-LEX reiterates its recommendation regarding the need and importance of access to open data about Parliament’s activity that are freely available, without restrictions or control mechanisms for use and processing.

After an essential improvement in decision-making transparency during the previous meeting (March 16-17), Promo-LEX notes a new setback. Thus, in the current meeting, decision-making transparency was affected to the extent of 45%, or in the case of 13 projects voted during the meeting. And this time all the reports or co-reports of the standing committees were published.

Conversely, decision-making transparency was affected in the case of 12 projects by the fact that the documents related to the projects, including the Government’s opinion, were not requested, granted or published (2); the anti-corruption expertise (1), the opinion of the General Legal Directorate (2) and the regulatory impact analysis (4). And in the case of 3 draft laws, the legal deadline of at least 10 working days for presenting the recommendations to the interested parties was not respected.

In the case of 2 of the 13 projects whose decision-making transparency was affected, priority examination was requested, these being registered by the Government and a group of PAS deputies. In the case of the project submitted by deputies of the parliamentary majority, the legal basis is not clear, but also the reason for granting the priority regime.

Promo-LEX also notes that in the case of 3 draft laws, the right of deputies, standing committees and parliamentary factions to submit amendments within 30 days after receiving the draft was restricted.

The plenary session lasted about 14 hours and 40 minutes, with 3 breaks of 17 hours and 10 minutes. The bill examined and voted on in the longest term, 359 calendar days, belongs to a group of PAS deputies and refers to some changes to the Labor Code and the law on ensuring equal opportunities between men and women. And 2 Government projects concerning the Supreme Court of Justice (SCJ) and the external evaluation of SCJ judges were examined and voted on in the shortest period of 23 days.

Out of the total of 29 projects approved in the meeting, only 2 were voted in a spirit of consensus by the parliamentary majority (PAS) and the opposition (BCS). The MPs of the traditional PPȘ faction boycotted the meeting.

We remind you that the state of emergency on the territory of the Republic of Moldova was extended for another 60 days. The decision was taken during the plenary session on March 30. 61 deputies from the faction of the Action and Solidarity Party voted for the draft decision. The decision will enter into force starting on April 5.

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