The provisions of the Law on the Moratorium on State Inspections are ambiguous and can be easily avoided. At the same time, when drafting the law, the Ministry of Justice exceeded its authority as it can formulate only bills concerning justice and human rights protection, consider experts of the Center for the Analysis and Prevention of Corruption (CAPC), who appraised the vulnerability of this law.
In a news conference at IPN, CAPC expert Mariana Kalughin said the law, which was drafted to limit the methods by which the state can abusively intervene in entrepreneurial activity, as the informative note provides, was adopted with violations of the legislation. The period of 15 working days of the publication of the bill on the Parliament’s website for this to be debated by civil society wasn’t respected. The appraisals to which the bill was to be subject before being submitted to Parliament are absent.
The report author considers the norms are ambiguous and can be easily avoided as the authorities have too much freedom to decide the circumstances in which the state inspections can be carried out at the scene. “Therefore, we consider that the law will be unable to achieve its goal. We are concerned about the fact that at least a minimum of standards concerning transparency in decision-making is not respected,” said the expert.
Mariana Kalughin said the informative note to this law does not contain a fundamental analysis of a number of important aspects. There weren’t analyzed the conditions that led to the formulation of the bill and its end result – the social, economic and other effects of its implementation. Considering the essence and quality of its provisions, in the absence of clear and sufficient reasoning, the law can affect both the individual interests and the public interest.
According to the expert, even if money will be saved during the period of three months while the state inspections will be suspended, as costs associated with the carrying out of these will not be incurred, the bill does not contain a savings estimate. Also, the Government has exaggerated expectations as regards the amounts that will be collected into the state budget as a result of the implementation of the law.
The bill on the moratorium on state inspections was drafted at the request of Prime Minister Pavel Filip. It was passed by Parliament on March 4.
