The American Chamber of Commerce in Moldova (AmCham Moldova) submitted to the Ministry of Labor and Social Protection a negative opinion on the relevant draft law. Representatives of the business community claim that the justification does not prove the necessity and proportionality of the proposed changes. In their opinion, the presented arguments are of a general nature and do not indicate how the current legal framework will hinder the effective functioning of the ISM. At the same time, the justification contains references to expired regulatory acts and does not fully assess the compliance of the proposed innovations with international standards.
AmCham recalls that Law No. 131/2012 already allows intervention without prior notice in case of imminent risk, and the relevant jurisprudence confirms the compliance of these provisions with international standards. In this regard, the Chamber notes that there are no arguments regarding the insufficiency of these exemptions or the need to significantly expand the powers of inspectors.
According to AmCham, the bill would exclude ISM from the scope of Law No. 131/2012, which would affect the consistency of the legal framework and remove fundamental procedural safeguards for the business environment. Among the problematic provisions mentioned are: inspections without notice and without delegation of control; unrestricted access to any premises at any time; the right of inspectors to conduct “any investigative action” or interrogate persons without procedural safeguards; reducing the role of control lists; and equating inspectors’ findings with evidence in contravention proceedings, which creates serious risks for compliance with the procedures provided for in the Contravention Code.
The American Chamber of Commerce warns that eliminating elements such as inspection planning, risk criteria, registration in the State Register of Inspections or the use of checklists will result in a discretionary regime lacking predictability and legal safeguards.
AmCham also notes that the impact on the business environment has not been adequately assessed and the conclusions presented in the explanatory memorandum do not reflect the possible administrative costs and consequences for business entities.
On this basis, the business representatives recommend maintaining the application of Law No. 131/2012 to ISM with specific exemptions justified by relevant international standards, as well as strengthening the institutional capacity of the Inspectorate through administrative measures such as digitalization, training, increasing the number of inspectors and improving risk analysis methodologies.
