Main Ethics Commission will supervise only implementation of legislation on conflict interests, TI-Moldova concerned

Transparency International – Moldova (TI-Moldova) expresses concern about the fact that the draft regulations of the Main Ethics Commission stipulates only its right to supervise the implementation of the law on the conflict of interests and there are no stipulations as regards the supervision of the implementation, enforcement and observance of the legislation on the Civil Servant’s Code of Conduct, Info-Prim Neo reports. TI-Moldova considers that the Main Ethics Commission must monitor not only the implementation of the law on the conflict of interests, but also the legislation on the Civil Servant’s Code of Conduct. The norms regarding the conflict of interests are a component part of the Civil Servant’s Code of Conduct and the name of the commission shows in what area it must work (ethics or the servant’s conduct). TI-Moldova suggests regulating the commission’s role of supervising the observance of the norms of conduct by high ranking officials, especially of officials that are not hierarchically subordinated or do not have a self-administration body; of receiving and examining complaints and of investigating the cases when the norms regarding the conflict of interests and the civil servant’s conduct are violated, etc. As regards the norms concerning the conflict of interests, TI-Moldova proposes regulating the commission’s role of examining the statements of personal interest and, if need be, of solving the conflicts of interests only when the cases involve certain categories of persons that are not hierarchically subordinated, namely the Head of State, the Head of Parliament, the Prime Minister, the president of the Superior Council of Magistrates, the president of the Constitutional Court, the president of the Audit Office, the prosecutor general, the governor of the National Bank of Moldova, the director of the Security and Information Service, the head of the Human Rights Center, the Bashkan of Gagauzia, the president of the People’s Assembly of Gagauzia, the district heads, the presidents of local councils, the mayors. TI-Moldova also suggests including in the list the civil servants whose actions and decisions the Main Ethics Commission was asked to investigate. TI-Moldova considers that the norm that the commission “examines and solves the conflicts of interests in cases involving judges, by informing afterward the Supreme Council of Magistrates” cannot be accepted and must be excluded from the draft regulations of the Main Ethics Commission because these conflicts can and should be settled by the heads of the courts where the judges work. TI-Moldova also thinks that the commission’s involvement in solving conflicts of interests in the judiciary can be interpreted as interference in the activity of the legal system or as limitation of the independence of the judge and the court. Transparency International – Moldova proposes extending the draft regulations with norms concerning the rights and obligations of the Main Ethics Commission, measures aimed at insuring the independence and impartiality of the commission, the rights and obligations of the civil servants as regards the fulfillment of the duties by the commission, the drawing up and presentation of reports on the commission’s work, the responsibilities of the civil servants and public institution heads, and the penalties that can be imposed on them if they do not observe the law, including punishments that can be imposed by the commission; the responsibility of the commission’s members, the challenging of the commission’s actions and decisions, the informing of the public about the commission’s activity.