Controversial article
Article 171 of the draft Code provides that if local governments “willfully violate constitutional provisions or legislation…” their activities may be suspended.
The norm, in principle, is not new. Something similar is mentioned in the Law on Local Public Administration (however, it refers to councils, not mayors, and dissolution, not suspension), and even in the Constitution. The experts call the proposed wording a “jurist’s find,” as the very definition of violations for which local government can be suspended is blurred.
“Article 171 should be excluded. Parliament cannot substitute justice. The separation of powers must be respected. Another option is out of the question!”, – said the deputy of the “Alternativa” bloc, ex-vice mayor of the capital Olga Ursu.
It is noteworthy that parliament, according to the draft, decides to suspend the activity of local authorities at the proposal of the government.
“I understand the reference to the Constitution, but in the current version, if we call things by their names, in fact the executive branch is given the right to dissolve local self-government bodies, to annul people’s choices,” former Deputy Prime Minister for Reintegration Alexander Flencja (Initiative for Peace) remarked.
According to municipal councilor Viktor Makovei, such projects, as well as territorial-administrative reform, should be adopted by a qualified majority, not by a single party.
“Purely technical norm.”
At the parliamentary hearing, it turned out that the party was not quite aware of the origin of this article in the bill. And promised that the “final form” will still be discussed.
“Frankly speaking, the norm we somehow just took from the draft (“draft” of the draft was developed several years ago – Logos Press note), as it was presented, without working with its content. My colleagues and I tried to determine its origin. This is a purely procedural, technical norm,” said PAS deputy Igor Talmasan, secretary of the Commission on Law, Appointments and Immunity.
Nevertheless, such a provision in one form or another will still be included in the draft – “in furtherance of the provisions of the Constitution”.
CALM Executive Director Viorel Furdui suggested not to rush into the adoption of the code: “We think that the norm is formulated too vaguely and can be interpreted in different ways. It can be seen as a tool…”.
