Experts call the Draft Law on Conflict of Interest ‘a Toothless Monster’

The draft Law on Conflict of Interest, recently passed by the Parliament in first reading, is like a ‘toothless monster’, Cristina Cojocaru, programme coordinator of the Corruption Prevention Centre, stated at the meeting of the Investigative Journalists’ Club. Cristina Cojocaru believes that this piece of legislation was created under the pressure of the international community, which has been urging the government to regulate the conflict of interest. The expert mentioned, in particular, that the bill doesn’t provide viable control mechanisms and some of its provisions could hardly be put into in practice. Radu Jigau, an expert for the same organisation, said that the current version of the bill will be a powerless piece of legislation. In the opinion of the Centre, the bill needs serious revision in order to transform it from a general and merely formal document into one that will contain special and detailed procedures, which will contribute to detecting, preventing and resolving conflicts of interest, will establish the responsibility of the civil servant for violating the provisions of the law, will define competences and responsibilities of the bodies that will monitor the observance of the law. Emim Obreja, representing Transparency International Moldova, also stressed the necessity of revising the law in order to make it effective. He pointed out that the bill, as it is currently drafted, doesn’t focus on the resolution of such conflicts, but simply outlaws them, which is practically unachievable. The experts were unanimously for examining and revising the bill before it passes second reading. The bill passed first reading in June 2007. According to it, public officials shall make decisions and present recommendations, in every particular case, taking as a guide the laws and the government’s policy in the respective area, considering public interests at the examination of concrete cases, excluding personal interest. Public officials shall exclude or limit the influence of personal interests that can compromise official decisions, adopted with their participation, or to refrain from the participation at the adoption or execution of official decisions when they can be compromised by personal interests. In addition, the President of Moldova, members of Parliament, members of Government, and other holders of public offices shall report instances of conflict of interest to the Main Ethics Committee.