The draft Parliament Regulations that were passed by the legislative body in the first reading contain provisions that violate the rights of the opposition and they will be declared unconstitutional when the first relevant challenge is submitted to the Constitutional Court. The draft regulations were assessed by the Resource Center for Human Rights (CReDO) and two foreign experts. In a news conference at IPN, CReDO director Sergiu Ostaf said the disputed provisions are aimed at restricting the unconstructive opposition of the Moldovan Parliament.
Sergiu Ostaf said that in general, the bill contains positive provisions that will ensure better communication in the legislature. “Of 30 changes, 20 are positive as they specify how Parliament should work. But the bill also contains deficiencies. The length of speeches of MPs and factions is reduced from 7 to 5 minutes, while the Speaker is empowered to limit the number of speeches,” he stated.
According to the experts, another inappropriate amendment is the fact that the MPs must coordinate their absences with the Speaker as there appear relations of inferiority between the lawmakers and the Head of Parliament, even if he is also an MP.
The experts analyzed the practice of other states and the regulations of other legislatures. In the international practice, the activity of the permanent commissions is set through commitments. The minority in the permanent commissions and the commissions of inquiry can include any subject in the agenda of the commission’s meetings. The minority also has the right of veto. At the request of any MP, the separate opinion can be included in the commission’s report. The opposition is allowed to chair several meetings of the commissions that are more important in terms of the impact of the decisions.
In Italy for example, when the MPs do not obey the regulations, the Speaker informs that a deviation was committed and the MPs are told to comply. If they do not obey, the microphone is disconnected. In Germany, there are imposed fines. The MPs are also suspended or excluded from Parliament for a period. In Lithuania, this measure is applied when the order is regularly violated.
The assessment was carried out by Valerie Clerc, associate researcher of the Lausanne University of Switzerland, and Jean Vasseur, associate researcher of the Queensland University of Australia.
