The content of the draft law on the status of Chisinau municipality, which was recently adopted in the first reading, contains shortcomings and needs to be improved. Also, the informative note to the bill does not contain concrete information and explanations why the powers should be transferred from one authority to another. The conclusion was formulated by experts of the Center for the Analysis and Prevention of Corruption (CAPC), who appraised the vulnerability of the bill.
CAPC president Galina Bostan, in a news conference at IPN, said the bill should contain predictions as to its implementation and impact. The informative note to the bill should have contained the costs associated with the implementation of the given law.
CAPC expert Viorel Parvan said the provisions of the draft law run counter to the current legislation because the authors proposed a legislative initiative, but didn’t suggest amending the existing legal framework. “We have a norm that stipulates one thing and a future law that stipulates another thing. Furthermore, some of the provisions cannot be accepted because they go against general principles regarding the functioning of the local public administration and particular international standards,” he stated.
The expert also said that the bill envisions the strengthening of the positions of the mayor general of Chisinau municipality by giving him a number of powers for swifter performing his duties. “The most important provisions refer to the offering of additional powers to the mayor general to the detriment of the Municipal Council. For example, the bill provides that the mayor can extend the term of a contract for the rent of adjoining land,” noted Viorel Parvan. According to him, when such powers are offered, there should be taken into account the international norms and standards, which stipulate that particular areas are exclusively within the competence of the local council.
The appointment of deputy mayors is another controversial provision, according to the expert. The bill provides that if the candidate for deputy mayor proposed by the mayor general is not voted in by the Council for two consecutive times, the mayor can name this by an order. Now the legislation provides that if the candidate fielded by the mayor is not voted in by two consecutive rounds of voting, the mayor is obliged to propose another person.
“The mechanism that is now defined in the legislation is somehow a consensus between the Council and the mayor as regards the post of deputy mayor and ensures a balance and efficient cooperation between the two authorities in their activity, in the process of formulating and adopting decisions in the Municipals Council,” said Viorel Parvan. He added that the bill should be reviewed so as to exclude the norms that run counter to the legislation and the international standards.
The assessment was carried out within the Vulnerability Expertise of Draft Normative and Legislative Acts Project that is financially supported by the MATRA Rule of Law and Good Governance Program of the Kingdom of the Netherlands.
