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Briefness first and foremost – October 31, 2018 IPN digest


https://www.ipn.md/index.php/en/briefness-first-and-foremost-october-31-2018-ipn-digest-7978_1045046.html

To laugh or to cry? For the legal requirement to have the child who is to attend school or kindergarten vaccinated, the Constitutional Court intervened and pronounced on the issue based on an application filed by Socialist MP Vladimir Odnostalko, who said that these provisions limit, among others, the access to education of children. Thank God that the vaccination of children remains mandatory for all children, except for those who have argued and documented medical contraindications.

Parents’ claims concerning the inclusion of their children are pertinent, but not less important than the health of other persons.

Another Constitutional Court judgement provides that preventive detention is unconstitutional if the culprit didn’t admit guilt, the offense wasn’t committed by physical or mental constraints and didn’t end with harm to the life and health of the person or wasn’t committed by an organized criminal group. The Constitutional Court passed such a judgment on October 30 following a challenge filed by judges of the Chisinau City Court and the Chisinau Appeals Court, a lawyer and a number of Liberal MPs. According to these, the disputed provisions run counter to the principle of presumption of innocence, the right to silence and the right to freedom and safety.

A new obligation was introduced for the local public authorities. As of October 28, they will have to  include the adopted administrative documents in the State Registrar of Local Documents following the coming into force of the law adopted by Parliament in July 2016. According to the Government’s press service, the decisions of the local councils of the first and second levels, the mayor’s and district head’s orders, the documents adopted by the quarter head and other documents must be inserted in the register. Is there a mechanism for seeing all these? Which one?

Too many “accomplishments and initiatives” before the election campaign. As to one of these, the election of judges, the authors of a new Sic! article say there are not many countries where the judges are elected, at least among the states that can be describe as “advanced democracies”. Japan and Switzerland are an exception. But the juridical and political particularities of these countries make the borrowing of their models difficult. The American model is preferred by the PDM with all its faults. Studies in the U.S. show the court decisions are influenced by backers. The judges tend to take decisions in favor of those who donated for their election campaign. Sometimes judges almost blackmail lawyers. In other countries, such situations would be described as corruption and bribery. In Moldova, given the already existing corruption, the imitation of the American model would practically legalize bribe for judges.

The Sic! authors believe the election of judges is risky in a country like Moldova, where corruption flourishes and elections are a compromised process.

Amid such a background, the initiative of the People’s List “ProReunion – ProEurope” looks rather mobilizing and romantically. The initiative is a chance to bring honest people, who didn’t discredit themselves and who will ensure the union with Romania, to Parliament, members of the group stated in a news conference at IPN. Among the formulated messages was that ”if we unite with Romania, we will automatically become part of the European Union and NATO. We will have correct and nonselective justice. We will have high-quality roads”.

Poet and journalist Vadim Bachinski has another opinion. In an interview for IPN, answering the question “Why and who writes letters to Mihai Eminescu’s Lover in over a century? and asked to say what he thinks about unionism and the unionists of Moldova, he said:I don’t see personalities able to reunify the Romanian countries among them. I see only leaders of parties, movements, platforms and others, astute persons who now “focus on projects”. I see duplicitous persons who lack vigor. I even see pitiful, pale and anemic beings. I see no meritorious personalities. They are not convincing in what they do. It seems that they don’t have enough energy. I probably think so because the Union cannot be a business. In my opinion, the union is first of all an act of morality, to put it this way. In Chisinau, we have a number of sorts of unionist and some of these are not even unionists and this dispersion is false, I think. It is fatal already as the people become increasingly disoriented, disappointed. The unionism kitchen in Chisinau now looks more like the split of the national renaissance movement at the start of the post-Soviet sovereignty of the Republic of Moldova. This is absolutely evident.”

This is it. A reality is also the fact that the ECHR found Russia guilty of violating the rights of farmers from Dubasari district, whose land is situated beyond the Rybnitsa-Tiraspol road. Overall, Russia is to pay nearly €2.8 million damages in this case. But it requested to reexamine the case, arguing it does not have jurisdiction for the Transnistrian region and is not to blame. Does it have jurisdiction for tanks, troops, munitions and illegal administration?

Despite (or possibly owing to?) the application of the Teacher’s Code of Ethics, the informal payments in general education institutions during the past few years doubled in value, from 541.5 million lei in 2015 to 1.130.9 billion in 2017. These payments in 2017 represented about 17% of the budget allocated to general education by the state, shows a sociological study conducted by the Institute for Public Policy in partnership with the Center for Sociological Investigations and Marketing „CBS-AXA.

At the same time, the phenomenon of informal payments passed to the gray area, each third respondent of a sociologic study refusing to answer the questions about the non-observance of this Code.

The Association “UNIREA - ODIP” will file a complaint to the Prosecutor General’s Office and will demand that President of Moldova Igor Dodon should be investigated for selling the site where the Cemetery of Romanian Heroes is now located in 2007, when he served as minister of economy.  The ODIP leader said nothing was erected on that area for 11 years even if it was privatized. “UNIREA-ODIP” calls on the authorities to intervene and allocate another plot to the buyer so that the Cemetery of Romanian Heroes is not touched, while the association will restore and lay it out.

Details on IPN!