Regulation of the Parliament (1996, as amended 2007)

Untitled Document

Unofficial translation

L A W

on the adoption of the Regulation of the Parliament

No. 797-XIII from 02.04.1996

The Official Gazette of the Republic of Moldova No.81-82/765 from 19.12.1996

* * *

Note: The Law was republished in the Official Gazette, No.50/237 from 07.04.2007, with all amendments and completions introduced and with a new numbering of the articles. The previous numbering of the articles is indicated in the brackets.

Note: The Law was republished in the Official Gazette No.59-62 from 25.05.2000 art.399

The Parliament adopts the present law on the basis of article 64 paragraph (1) and article 72 paragraph (3, c) from the Constitution

Article 1. – The Regulation of the Parliament is adopted (attached).

Article 2. – The Decision of the Parliament No.10-XIII from 31 March 1994 on approving Regulation of the Parliament is abrogated.

Article 3. – The present law enters into force on the date of its publication.

REGULATION OF THE PARLIAMENT

Title I

ESTABLISHMENT AND FUNCTIONING OF THE

PARLIAMENT

Chapter 1

ESTABLISHMENT OF THE PARLIAMENT

Article 1. Election of the Parliament

(1) Parliament is the supreme representative body of the people of the Republic of Moldova and the single legislative authority of the state.

(2) The elections of the Members of the Parliament (hereinafter MPs) are carried out not later than 3 months after expiration of the mandate or dissolution of the previous Parliament.

(3) Parliament is elected by universal, equal, direct, secret and freely expressed vote, for a 4 years mandate, which can be prolonged, by an organic law, in case of a war or catastrophe.

(4) Parliament’s term of office shall be prolonged until its new structure convenes legally. Within this period, the Constitution cannot be revised; the organic laws cannot be adopted, amended or abrogated.

(5) The newly elected Parliament convenes in an inaugural sitting at the initiative of the President of the Republic of Moldova maximum 30 days after the date of elections, if at least 2/3 from the total number of the Members of the Parliament have been elected.

[Art.1 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 2. The inaugural sitting of the Parliament

(1) The inaugural sitting of the newly elected Parliament is chaired by the eldest Member of the Parliament, and subsequently, after election, by the Chairman or one of the Deputy Chairmen of the Parliament.

(2) Chairman of the sitting shall give the floor to the Chairman of the Constitutional Court who shall present the report on the results of the parliamentary elections and validation of the mandates of the elected Members of the Parliament.

[Art.2 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 3. Establishment date of the Parliament

The Parliament shall be considered legally established since the date of the inaugural sitting.

[Art.3 in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 4. Establishment of the parliamentary factions

(1) In order to set up working bodies and to organize activity of the Parliament, the Members of the Parliament shall establish parliamentary factions composed of at least five Members of the Parliament, elected on the basis of electoral competitors’ lists, as well as parliamentary factions with the same numeric structure of independent Members of the Parliament.

(2) Members of the Parliament elected on the basis of electoral competitors’ lists who did not gather the necessary number for establishing of a parliamentary faction, as well as independent candidates, may reunite in order to establish a mixed parliamentary faction or can affiliate to other parliamentary factions created in accordance with par.(1).

(3) Parliamentary factions are established within 10-days term after the Parliament’s legal establishment and function on the basis of their own regulation.

(4) In order to ensure the implementation of the pre-electoral programs of electoral competitors, as well as maintain the political configuration of the Parliament, creation of new factions is not allowed, except for the factions constituted in the conditions of par. (1)-(3).

(5) Parliamentary factions elect their leading bodies or leaders. 

(6) A Member of the Parliament can be a member of only one faction.

(7) The MP may leave the faction. The faction may exclude some members from its structure.

(8) The MP who left the faction or was excluded from the faction may join any other faction after a period of 6 months since leaving the faction or since his exclusion from the faction.

(9) Chairman of each parliamentary faction shall submit to the Parliament the numerical and nominal structure of the faction. 

(10) Chairman of the sitting shall establish the order of delivering speeches on the basis of numerical structure of the parliamentary factions.

(11) Parliament shall be informed in the plenary sitting about any amendment introduced in the structure of the parliamentary faction.

(12) The faction or coalition of factions, announced through a declaration, which includes more than half of the elected MPs has the status of the parliamentary majority.

(13) The faction or factions which are not part of the parliamentary majority and which declared themselves in opposition to the parliamentary majority is considered to be the parliamentary opposition.

[Art.4 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

Article 5(41). Cessation of a parliamentary faction

(1) A faction ceases to exist if the number of its members is smaller than five or if the faction submits a resolution regarding this.

(2) The former chairman of the faction informs the Chairman of the Parliament about this fact within three days. The Chairman of the Parliament shall ascertain cessation of the parliamentary faction in cases stipulated in par. (1) and shall announce the plenum of the Parliament about this fact.

(3) The faction might not cease its existence, when the number of its members is smaller than five, if the MP, whose mandate has been validated immediately after the decreasing of the faction’s number, became a member of this faction within ten days after validation of the mandate.

[Art.5(41) introduced by the Law No.430-XVI from 27.12.2006, in force 23.03.2007] 

Article 6(5). Organization of parliamentary factions and their duties 

(1) In accordance with the present Regulation, parliamentary factions are entitled to make the following proposals for:

a) nomination, election of their representatives to the Standing Bureau, to the standing committees and to the standing parliamentary delegations, taking into consideration their proportional representation in the Parliament, as well as their revocation;

b) agenda of the sittings of the Parliament and Standing Bureau;

c) setting up of special committees, inquiry committees as well as other committees of the Parliament;

d) draft decisions of the Parliament concerning the activity program of the Government, drafts of exclusively political documents of the Parliament;

e) setting up working groups and groups of experts in various  fields of activity;

f) initiating parliamentary hearings etc.

(2) In case the proportional representation of the factions in the Parliament changes, the parliamentary factions, ascertained within at least one year from this, might ask for the appropriate modification of the Standing Bureau’s structure, of the standing committees, as well as of the standing parliamentary delegations.

(3) Parliamentary factions are provided with offices for carrying out their activities, for office supplies, as well as services necessary for their efficient activity.

(4) Each parliamentary faction is assisted by a secretariat, and its structure and personnel are established by the Parliament, taking into consideration the proportional representation of the faction in the Parliament.

(5) The Chairman of the Parliament shall employ and dismiss the personnel of the parliamentary faction’s secretariat, at the proposal of the respective faction.

(6) Each faction has its own annual budget, approved by the Parliament, which depends on the numerical representation of the faction in the Parliament. Each parliamentary faction shall autonomously decide on the use of the financial resources allocated from the Parliament’s budget for ensuring the activity of the parliamentary factions.

[Art.6 (5) amended by the Law No.430-XVI from 27.12.2006, in force 23.03.2007] 

[Art.6 (5) completed by the law No.1311-XV from 26.07.2002]

Chapter 2

ELECTION OF THE PARLIAMENT’S CHAIRMAN,

DEPUTY CHAIRMEN AND SETTING UP OF

THE PARLIAMENT’S STANDING BUREAU

Article 7(6). Parliament’s leadership

The Chairman and Deputy Chairmen of the Parliament are elected and the Standing Bureau of the Parliament is set up after the legal establishment of the Parliament.

 [Art.7(6) amended by the Law No.430-XVI from 27.12.2006, in force 23.03.2007] 

Article 8(61). The committee responsible to carry out the elections of the Chairman of the Parliament

(1) Upon the proposal of the parliamentary factions, the Parliament shall institute a committee, which shall carry out elections of the Chairman of the Parliament, and which will:

a) receive proposals for designation of candidates for Chairman of the Parliament;

b) establish the model and text of the ballot paper;

c) ensure preparation and carrying out of the voting;

d) summarize the results of the voting, declare invalid the ballot papers which:

- are not signed and stamped by the committee;

- do not reflect the intention of the voter;

- have the names of all candidates crossed out;

- have new names added.

e) solve conflicts and disputes emerged during voting;

f) submit the voting results for Parliament’s approval.

(2) Committee members shall elect the chairman and the secretary of the committee.

(3) The sitting of the committee is deliberative if the majority of its members are present. Decisions of the committee are adopted with the vote of the majority of its members. Decisions and minutes are signed by the chairman and secretary of the committee and stamped with the seal of the Parliament of the Republic of Moldova.

[Art.8(61) introduced by the Law No.430-XVI from 27.12.2006, in force 23.03.2007] 

Article 9(7). Election of the Chairman of the Parliament

(1) The Chairman of the Parliament is elected for the entire period of Parliament’s term of office, by secret ballot, and by using ballot papers which have the first and last names of all candidates proposed by the parliamentary factions written down. Each parliamentary faction is entitled to make just one proposal.

(2) The candidate who received the votes of the majority of elected MPs is declared elected as the Chairman of the Parliament.

(3) In case none of the candidates received the necessary number of votes, the second round of elections is organized, with the participation of only two candidates who received the largest number of votes in the first round.

(4) In case of parity of votes, new elections shall be organized, where parliamentary factions will propose the same or other candidates.

[Art.9(7) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

Article 10(8). Election of the Parliament’s Deputy Chairmen

Deputy Chairmen of the Parliament are elected by an open ballot of the majority of the elected MPs, at the proposal of the Chairman of the Parliament, after consultations with the parliamentary factions.

 [Art.10(8) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

Article 11(9). Revocation of the Chairman and Deputy Chairmen of the Parliament

(1) Chairman of the Parliament may be revoked before expiration of his/her term, at the request of the parliamentary faction that proposed his/her candidature, or at the request of 1/3 of the total number of the elected MPs.

(2) Decision on revocation of the Chairman of the Parliament is adopted with the vote of 2/3 of the total number of elected MPs, by secret ballot, in conditions of art.8, which shall correspondingly apply.

(3) Deputy Chairmen of the Parliament may be revoked before the term, at the proposal of the Chairman of the Parliament, after consultation of the parliamentary factions, with the vote of the majority of the elected MPs.

[Art.11(9) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

Article 12(10). Setting up the Standing Bureau of the Parliament

(1) Standing Bureau of the Parliament is its working body, which is set up by taking into consideration the proportional representation of the factions in the Parliament. The Chairman and Deputy Chairmen of the Parliament are ex officio members of the Bureau. Numerical and nominal structure of the Standing Bureau is determined by Parliament’s decision, adopted at the proposal of the parliamentary factions.

(2) Members of the Standing Bureau are appointed by decisions of the parliamentary factions, within the limits of the seats they hold. Decisions are submitted to the chairman of the sitting who shall bring them to the knowledge of the Parliament. 

(3) Standing Bureau is considered set up when at least 3/4 of its members are appointed.

(4) Standing Bureau convenes at the request of the Chairman of the Parliament or at the request of at least 1/3 of its members.

(5) Any member of the Standing Bureau may be revoked by a decision of the parliamentary faction, which has appointed him/her, adopted with the vote of the majority of its members.

[Art.12(10) amended by the Law No.430-XVI from 27.12.2006, in force 23.03.2007] 

[Art.12(10) amended by the Law No.153-XV from 17.05.2001]

Article 13(11). Duties of the Standing Bureau of the Parliament 

(1) Standing Bureau of the Parliament has the following duties:

a) proposes to the Parliament the date for convening the session of the Parliament and its duration;

b) submits to the Parliament for approval the numerical and nominal structure of the permanent parliamentary delegations to the international organizations;

c) prepares and ensures Parliament’s activity;

d) proposes the nominal structure of the standing committees to the Parliament for approval, in accordance with the decisions of the parliamentary factions and the requests of MPs;

e) coordinates the activity of standing committees;

f) prepares, based on mutual consent with the chairmen of the parliamentary factions and of the standing committees, the draft agenda of the Parliament’s sittings and submits it for Parliament’s approval;

g) establishes the way of carrying out of the public debates on the draft legislative acts, of receiving, examining and debating the proposals submitted with this occasion;

h) ensures control of timely updating of the website of the Parliament with the draft legislative acts, agenda, minutes of the plenary sittings, as well as other information, which may be published;

i) approves Regulation concerning accreditation of the mass-media representatives to the Parliament;

j) establishes the duties of the members of the Bureau;

k) establishes the structure and personnel of the Parliament’s Apparatus and submits them for Parliament’s approval;

l) elaborates the draft budget of the Parliament and submits it for Parliament’s approval together with a substantiation note, and in case of necessity, amends the budget and the resources approved within the period of one trimester;

m) carries out other duties stipulated in the present Regulation or the tasks given by the Parliament.

(2) Standing Bureau adopts decisions, within the limits of its authority stipulated in the Regulation, with the vote of the majority of its members.

 [Art.13(11) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

[Art.13(11) amended by the Law No.1311-XV from 26.07.2002]

Article 14(12). Duties of the Chairman of the Parliament

(1) Chairperson of the Parliament exercises the following duties:

a) conducts the activity of the Parliament and the Standing Bureau;

b) convenes the ordinary, extraordinary and special sessions of the Parliament;

c) ensures the observance of the Regulation and maintenance of order during the sittings;

d) receives and distributes the draft laws and legislative proposals, as well as reports of the committees;

e) announces the results of the voting and the legislative acts which are adopted;

f) signs the laws, decisions and motions adopted by the Parliament;

g) represents Parliament in relations with the President of the Republic of Moldova and Government;

h) represents Parliament in the country and abroad;

i) designates, after consultations with the parliamentary factions, structure of the parliamentary delegations, except of the permanent parliamentary delegations;

j) disposes of and manages budgetary resources of the Parliament, by informing monthly the Standing Bureau;

k) employs and dismisses public officials from the Apparatus of the Parliament on the basis of individual labour contract;

l) defines the duties of the Deputy Chairmen of the Parliament;

m) carries out other duties stipulated in the present Regulation or accomplishes tasks given by the Parliament.

(2) In order to carry out the duties stipulated in the Regulation, the Chairperson of the Parliament issues dispositions and decrees.

[Art.14(12) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 15(13). Duties of the Deputy Chairmen of the Parliament 

(1) Deputy Chairmen of the Parliament shall coordinate the activity of some standing committees, ensure collaboration with other public authorities and carry out parliamentary control. These duties are defined by a decision of the Standing Bureau.

(2) Deputy Chairmen of the Parliament carry out, as established by the Chairman, the duties of the Chairman, delegated by the latter, at his request or in his absence, including signing of the laws and decisions adopted by the Parliament.

[Art.15(13) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 3

PARLIAMENTARY COMMITTEES

Section one

Standing committees

Article 16(14). Establishment of the standing committees

(1) Standing committees are working bodies of the Parliament, established for performing Parliament’s activity.

(2) Standing committees are accountable and subordinated to the Parliament. The statute and the way of functioning of the standing committees are established by the present Regulation.

(3) Standing committees are elected for the whole period of the legislature. The number of committees, the name, numerical and nominal structure of each committee shall be decided by the Parliament, at the proposal of the Standing Bureau.

[Art.16(14) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 17(15). Structure of the standing committees

(1) Chairmen, deputy chairmen, secretaries and members of the standing committees are elected by the Parliament with the vote of the majority of elected MPs.

(2) Nominal structure of the standing committees is established by taking into consideration the proportional representation of the factions in the Parliament.

(3) Chairmen of the standing committees can be revoked before the term in accordance with the conditions of art.11, par. (3).

(4) Deputy Chairmen and secretaries of the standing committees can be revoked before the term, at the proposal of the parliamentary factions that proposed them or of a group of at least ten MPs, with the vote of the majority of elected MPs.

(5) In case the parliamentary factions do not reach an agreement regarding the structure of one or more committees, the Standing Bureau shall propose, and the Parliament shall decide, with the vote of the majority of present MPs, on the candidacies proposed by the parliamentary factions, by respecting the principle of proportional representation and personal option of the MP.

 (6) A Member of the Parliament can be a member of only one standing committee.

[Art.17(15) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 18(16). Mandatory conditions and restrictions at the establishment of the standing committees

(1) Chairman of the Parliament cannot be elected as member of the standing committees. Deputy Chairmen of the Parliament may take part as members at the works of the standing committees of the Parliament.

(2) Other MPs must be members of one of the standing committees with the right to vote.

[Art.18(16) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.18(16) in redaction of the Law No.179-XVI din 22.07.05, in force since 12.08.05]

[Art.18(16) amended by the Law No.11-XIV from 29.04.98]

[Art.17 is excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

 Article 19(18). Duties of the chairman of the standing committee

Chairman of the standing committee shall:

a) ensure preparation of the agenda for the sittings of the committee;

b) define tasks for the members of the committee and take decisions on issues concerning duties and activity of the committee;

c) submit for examination proposals regarding establishment of subcommittees and their structure and shall inform Parliament about the results of the examination;

d) represent the committee in its relations with the Standing Bureau and with other committees;

e) conduct the sittings of the committee;

f) sign documents and correspondence of the committee;

g) in case of necessity, involve other persons into the activities of the committee;

h) ensure maintenance of order during the sittings of the committee;

i) carry out other duties stipulated in the present Regulation.

[Art.19(18) in redaction of the Law No.430-XVI from  27.12.2006, in force since 23.03.2007]

Article 20(19). Duties of the deputy chairman and secretary of the standing committee

(1) Deputy Chairman of the committee shall carry out the duties of the chairman, in case of his or her absence. 

(2) Secretary ensures editing of the committee’s documents (reports, advisory notes, minutes etc.), counts the votes at the sittings and carries out the secretarial work of the committee.

[Art.20(19) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 21(20). Sittings of the standing committee

(1) The sittings of the standing committees are convened by its chairman, and in case of his/her absence – by one of the deputy chairmen or by 1/3 of the members of the committee.

(2) Participation of the MPs at the sittings of the committee is mandatory.

(3) Any MP, member of one of the committees, is entitled to participate at the works of other committees.

[Art.21(20) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 22(21). Voting procedure in the standing committees

(1) Sittings of the committees are deliberative in case of participation of the majority of its members.

(2) Decisions of the committees are adopted with the vote of the majority of its members.

(3) Usually the decisions of the committees are adopted by an open ballot.

[Art.22(21) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.22 was excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 23. Minutes and stenography of the debates from the sittings of the standing committees

(1) During the sittings of the committees the minutes are prepared. Minutes can be made available to persons other than the members of the committee only upon the preliminary consent of its chairman, except for the minutes from the public sittings.

(2) Chairman of the committee, or, in some cases, of the sitting, might decide to prepare the stenography of the debates.

(3) Each committee shall be assisted by a secretariat, its structure and personnel is to be set up by the Parliament.

[Art.23 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 24. Public character of the sittings of the standing committee

(1) Sittings of the committees are public.

(2) Representatives of mass-media accredited at the Parliament may be present at the public sittings of the committee. Official information about the activity of the committee is made public and is placed on the Parliament’s website.

(3) At the proposal of one of its members, the committee may decide that its sitting shall be closed, in case when public debating of the issues included in the agenda may infringe upon the measures of citizens’ protection or national security.

[Art.24 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 25. Participation at the sittings of the standing committees

(1) Members of the Government, as well as leaders of other public administration authorities, shall have access to the activity of the committee. They shall be informed about the date and hour of the sitting. 

(2) In case the committee decides to invite members of the Government and/or leaders of other public administration authorities to its sitting, they are obliged to be present at the sitting.

(3) Members of the Government and leaders of other public administration authorities, who are participating at the activity of the committee, may take the floor and answer the questions.

[Art.25 in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 26. Participation of other persons at the sittings of the standing committees

(1) The committee may invite to its sittings - interested persons, specialists from the public administration authorities, specialized organizations, as well as specialists from the Legal Department of the Parliament’s Apparatus and from the secretariats of the standing committees.

(2) Persons listed in par.(1) may take the floor at the sittings of the committee and answer the questions.

[Art.26 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 27. Duties of the standing committees

(1) Standing committees shall examine draft legislative acts and legislative proposals with the view of elaborating reports and advisory notes, carry out parliamentary inquiries, discuss and decide over other issues, including on the requests of the Parliament’s Chairman or deputy chairmen.

(2) On the issues which are part of their activity, standing committees may be consulted by the public administration bodies, by other bodies or enterprises, institutions and organizations. At the end of the consultation sitting, standing committee shall issue consultative notes with the recommendation title.

(3) Standing committees shall also issue consultative notes in order to ensure the uniform application of the legislation.

(4) Standing committees might create working groups with participation of experts and specialists in the field and request consultations on issues pertaining to their activity.

(5) Standing committees are entitled to establish subcommittees and designate their duties, structure and leadership. Chairman of the standing committee shall inform the Parliament about the establishment of a subcommittee.

(6) The representatives of the parliamentary factions from the respective committee are entitled to be included in the structure of the subcommittee

(7) In case a subcommittee is established in order to carry out parliamentary control over the activity of the public authority accountable before the Parliament, the subcommittee will have to periodically inform the Parliament, in limits of its competence, through the profile committee, about the activity of this authority.

[Art.27 amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.27 completed by the Law No.572-XV from 25.10.2001]

Article 28(271) Subcommittee for carrying out of parliamentary control over the activity of the Information and Security Service

(1) Subcommittee for carrying out parliamentary control over the activity of the Information and Security Service (ISS) is acting within the Committee for National Security, Defense and Public Order.

(2) Chairman of the subcommittee is elected from the representatives of the parliamentary opposition.

(3) The subcommittee shall supervise observance by ISS of the legality, fundamental human rights and freedoms, democratic order in the state and shall ensure political non-engagement of the ISS.

(4) The subcommittee shall verify observance by ISS of the Constitutional and legal provisions that regulate the activity of ISS, examine cases of violation of the Constitution, of the laws, as well as constitutional rights and freedoms of the citizens.

(5) Members of the subcommittee shall have access to secret information, and shall sign, in each specific case, an obligation to respect the confidentiality of information that constitutes state secret, being liable in accordance with the legislation.

(6) Members of the subcommittee may request, upon agreement of its chairman, secret information and information concerning current activity of the ISS, except for the information concerning operative activity of the service or identity of the persons who act under coverage and are part of the auxiliary personnel or undertake specific missions that require non-divulgation of their identity.

[Art.28(271) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 29(28). Submission of the reports and advisory notes approved by the standing committees 

(1) Upon opening of the debates on the respective draft legislative act or legislative proposal, the chairman of the committee shall appoint one or more raporteurs among the members of the committee. These persons shall edit the report or the advisory note, which shall be subjected to the committee’s approval.

(2) The reports and advisory notes shall include opinion of the majority of the committee’s members, as well as separate opinions of the other members of the committee.

(3) Chairman of the committee or another member appointed by the committee shall submit at the Parliament’s sitting only reports and advisory notes approved by the committee.

[Art.29(28) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 30(29). Joint sittings of the standing committees

(1) Joint sittings of two or more standing committees, as well as of the standing committees with other parliamentary committees are carried out in accordance with the conditions of art.21-29.

(2) Joint sittings are chaired by the chairman of one of the committee, upon their decision.

[Art.30(29) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 31(30). Carrying out of inquiries by the standing committees

(1) Any standing committee can initiate an inquiry, within its competence, regarding the activity carried out by the public administration bodies.

(2) In order to obtain the approval, the committee shall submit a written request, approved by the vote of the majority of its members, where the issues which form the subject of the inquiry, as well as the purpose, necessary means and term in which the committee’s report follows to be submitted to the Parliament shall be enunciated.

(3) Chairman of the Parliament shall submit the request for the approval of the Standing Bureau and shall inform the committee about the approval or rejection of the request.

(4) Standing committee may invite any person, who has an official status, for carrying out the inquiry.

(5) Persons invited for hearings shall be informed about the hearings at least three days in advance. Travel costs, and eventually, accommodation costs, shall be reimbursed from the Parliament’s budget.

(6) Presence at the hearings is mandatory.

(7) During the hearings, the invited persons may refuse to respond to questions concerning state secret, in conditions provided by the law. The refusal of the invited person to respond to questions might be brought to the knowledge of the Parliament, which shall take a decision in a secret sitting.

(8) Questions concerning the private life of the person heard or his or her family cannot be addressed.

(9) In case debates over the committee’s report disclose serious shortcomings in the activity of some state official persons, chosen or appointed by the Parliament, the Parliament may request their dismissal.

[Art.31(30) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Section two

Special committees 

Article 32(31). Establishment of special committees 

The Parliament may also set up special committees.

[Art.32(31) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 33(32). Purposes and structure of the special committees

(1) Special committees are set up by the Parliament for examination of draft legislative acts, for elaboration of some complex draft legislative acts or for other purposes, indicated in the decision on establishment of the respective committee. Draft legislative acts elaborated by the special committees are examined by the standing committees in accordance with the requirements established by the present Regulation.

(2) By the same decision and at the proposal of the Standing Bureau, the nominal structure of the committee shall be designated and the term within which the report has to be submitted shall be set up.

(3) Provisions of art.16–29 shall apply correspondingly at the establishment and activity of the special committee.

[Art.33(31) amended by the Law No.430-XVI  from 27.12.2006, in force since 23.03.2007]

Section three

Inquiry committees

Article 34(321). Establishment of inquiry committees

The Parliament may also set up inquiry committees.

[Art.34(321) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.34(321) introduced by the Law No.179-XVI from 22.07.05, in force since 12.08.05]

Article 35(33). The procedure of constituting inquiry committees

The Parliament may decide to constitute an inquiry committee with a vote of the majority of the present MPs, in conditions of art.16-29, art. 31 par.(4) - (9) and art.33 par.(2), at the request of a parliamentary faction or a group of MPs, which represent at least 5% from the number of the elected MPs.

 [Art.35(33) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 36(34). Duties of the inquiry committees

(1) The inquiry committee shall summon as witness any person who possesses some information about a deed or a circumstance that might help at the investigation of the case.

(2) Upon request of the inquiry committee, any person who is aware of some evidence or possesses some means of evidence must submit them to the committee. Institutions and organizations must, in conditions with the law, respond to the requests of the inquiry committee.

(3) In case it is necessary to involve experts for explaining some deeds or circumstances, with the aim to reveal the truth, inquiry committee disposes carrying out of the expertise. 

(4) The inquiry committee cannot support criminal investigation carried out in conditions of the law by the criminal investigation bodies and courts of law.

Art.36(34) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.36(34) amended by the Law No.206-XV from 29.05.03, in force since 18.07.03]

Title II

CARRYING OUT OF THE ACTIVITY OF THE PARLIAMENT

Chapter I

SESSIONS AND SITTINGS OF THE PARLIAMENT.

THE AGENDA

Article 37(35). Sessions of the Parliament

(1) The Parliament meets annually in two ordinary sessions. Spring session begins in February and cannot exceed the end of July. Autumn session begins in September and cannot exceed the end of December.

(2) In case the Parliament is not in an ordinary session, it can meet in extraordinary or special sessions, at the request of the President of the Republic of Moldova, the Chairman of the Parliament or of a 1/3 from the number of MP's.

 (3) The request for convening extraordinary or special sessions is to be submitted in written form to the Standing Bureau and should include motivation, proposed agenda and duration of the session.

(4) The Parliament will be convened in an extraordinary or special session within three days after registration of the request, if the law does not stipulate otherwise.

[Art.37(35) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 38(36). Sittings of the Parliament

(1) The Parliament unfolds its activity in the form of plenary sittings and sittings of the standing committees.

(2) Sittings of the Parliament are deliberative upon participation of the majority of elected MPs.

[Art.38(36) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 39(37). Preparing the agenda

(1) The sittings of the Parliament are usually unfolded according to the agenda, which is elaborated in conditions of art.13 par.(1) lit.f).

(2) The draft agenda is approved for two weeks period.

(3) Standing Bureau elaborates the draft agenda in the first half of the week prior to the period for which it is approved.

(4) Issues, which are proposed to be included into the draft agenda, are sent to the Standing Bureau at least two days prior to the sitting, the period when the Standing Bureau prepares draft agenda, except for the cases when legislation stipulates another term.

 [Art.39(37) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 40(38). Participation at the discussing of agenda

Government’s representative may participate at the sittings of the Standing Bureau where agenda is discussed.

[Art.40(38) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.40(38) amended by the Law No.1157-XV from 21.06.2002]

Article 41(39). The content of the agenda

(1) The draft agenda includes draft legislative acts, drafts of exclusively political acts of the Parliament, reports and other issues proposed by the Standing Bureau.

(2) Draft legislative acts are included into the draft agenda usually within maximum 10 days after the receipt of the report of the standing committee initially referred to.

[Art.41(39) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 42(40). Priority of the proposals submitted by the President of the Republic of Moldova at elaboration of agenda

Upon the request of the President of the Republic of Moldova, when preparing the agenda, the Standing Bureau shall give priority to the messages of the President of the Republic of Moldova addressed to the Parliament.

[Art.42(40) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 43(41). Priority of the proposals submitted by the Prime-Minister at elaborating the agenda

Upon request of the Prime-Minister, the Standing Bureau shall include as priority issues in the agenda, delivering of the vote of trust to the whole government and its activity program for the period of their mandate, as well as draft laws considered by the Government as priority ones.

[Art.43(41) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 44(411). Speeding up procedure

(1) The procedure of speeding up the examination of the draft legislative acts requested by the government is subject to the approval by the Standing Bureau.

(2) In case the procedure of speeding up examination of the draft is approved, the Standing Bureau shall set up a deadline for submitting reports concerning the draft legislative act, which cannot exceed 10 working days.

(3) After receiving the report of the committee initially referred to, the Standing Bureau shall include the draft legislative act as a priority draft on the agenda prepared for the next plenary sitting.

(4) Draft legislative acts requested to be examined according to the speeding up procedure are submitted to the plenum of the Parliament by the Prime-Minister, and in case of his absence – by the Prime Deputy Prime Minister or Deputy Prime Minister.

[Art.44(411) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

Article 45(42). Approval of the agenda

(1) The agenda shall be approved by the Parliament on the last day of the working week prior to the period for which the agenda has been prepared and is approved with the vote of the majority of the present MPs.

(2) The approved agenda of the Parliament’s sittings shall be placed on its web site and is handed to the MPs at the beginning of the working week.

[Art.45(42) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 46(43). Amendment and completion of the agenda

(1) Amendments and completions to the agenda may be introduced only at the first plenary sitting of the working week, at the request of the Standing Bureau, of a parliamentary faction, of a standing committee, of a group of 5 MPs or of the author of the act mentioned in the agenda.

(2) Motivated requests concerning amendment or completion of the agenda shall be expressed during the speeches, which should be limited in time. In case there is another opinion, only one representative from each parliamentary faction may take the floor, after the proposal has been voted.

(3) As exception, the Chairman of the Parliament may propose, in any sitting of the Parliament, the amendment or completion of the agenda - on his own initiative, at the request of the Standing Bureau, of a parliamentary faction or the parliamentary committee. Such proposal is adopted with the vote of the majority of the present MPs.

[Art.46(43) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 2

LEGISLATIVE PROCEDURE

Article 47(44). Conditions for exercising the right of the legislative initiative and subjects of this right.

(1) In accordance with the art.73 of the Constitution, the right of the legislative initiative belongs to the Members of the Parliament, to the President of the Republic of Moldova, to the Government and People’s Assembly of the autonomous-territorial unit Gagauzia, which are considered the authors of the draft legislative acts or legislative proposals.

(2) In exercising their right of the legislative initiative, MPs and the President of the Republic of Moldova shall present to the Parliament their draft legislative acts and legislative proposals, the Government and People’s Assembly of the autonomous-territorial unit Gagauzia - draft laws and decisions. Draft laws submitted by the President of the Republic of Moldova or Government are presented in the plenum of the Parliament by one of the government’s members or by the authorized representative of the President of the Republic of Moldova or of the Government; draft legislative acts submitted by the People’s Assembly of the autonomous-territorial unit Gagauzia are presented by the Chairperson of the People’s Assembly.

(3) MPs exercise their right of legislative initiative personally or jointly with other MPs.

(4) Legislative acts, according to the present Regulation, include constitutional, organic and ordinary laws, as well as decisions and motions of the Parliament.

(5) Legislative proposals represent intention of initiating elaboration of one or several legislative acts that refer to a certain issue or a group of issues and which regulate certain fields of social relations. When accepting legislative proposal, the Parliament adopts decision on establishing the term for elaborating the draft legislative act, sets up a group for elaborating the proposed draft or requests other bodies to elaborate the respective draft, as well as establishes the way of ensuring the activity of this group.

(6) Draft legislative acts and legislative proposals are submitted for the debate together with an explanation of the objective, purpose, concept of the future act, of its place in the legislation in force, its social-economical effects, as well as other effects, according to the requirements of the Law on legislative acts No.780-XV from 27 December 2001. Persons who took part at the elaboration of the draft shall also be indicated and results of the expertise and investigations performed during elaboration of the draft shall be attached. In case the implementation of new regulations requires financial, material or other costs, economical-financial substantiation should be attached.

(7) In case the elaboration of other legislative or normative acts is necessary for execution of the legislative act, which is to be adopted, a list of these acts and/or, when applicable, of their drafts should be attached.

(8) Draft legislative act shall be submitted in the Moldovan language together with the translation into the Russian language. 

(9) Draft legislative acts, legislative proposals and documents mentioned in par. (6) and (7) should be accompanied by copies in electronic version.

(10) Draft legislative acts or legislative proposals submitted by the MPs shall be presented in Moldovan or in Russian languages. The Apparatus of the Parliament ensures their translation into the respective language.

(11) In case it is established that legislative initiative is not perfect and is not in accordance with technical requirements established by the present Regulation and other legislative acts, the Standing Bureau may propose to its authors to bring them into correspondence with the respective legal provisions.

[Art.47(44) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.47(44) amended by the Law No.405-XV from 02.12.04, in force since 17.12.04]

Article 48(45). Registration of draft legislative acts and legislative proposals

(1) Draft legislative acts and legislative proposals are registered at the Direction on parliamentary documentation of the Parliament’s Apparatus in the order of their submission. Through a disposition of the Chairman of the Parliament, draft legislative acts that correspond to the requirements of art. 47 are introduced into the legislative procedure and distributed for comments to the standing committees, Legal Direction of the Parliament’s Apparatus, and, when applicable, Government and interested institutions.

(2) Within maximum 5 working days since their inclusion into the legislative procedure, draft legislative acts, legislative proposals, as well as documents mentioned in art.47 par.(6) are placed on the web site of the Parliament.

[Art.48(45) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 49(46). Designation of the standing committee initially referred to

(1) The Chairperson of the Parliament shall submit the draft legislative act or legislative proposal for examination of the standing committee initially referred to, which is competent to examine the issue indicated in the draft.

(2) When necessary, Chairman of the Parliament may request other standing committees to present their co-reports.

[Art.49(46) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.47 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 50(48). Resolution of conflicts of competence between the committees

(1) When a standing committee considers that the draft legislative act or legislative proposal submitted for its debate is under the competence of another committee, it may request the Chairman of the Parliament to send the draft for the examination of the other committee.

(2) In case the Chairman of the Parliament refuses to do so, the Parliament shall adopt a decision with the vote of the majority of the present MPs.

(3) The same procedure shall apply in case of controversies between the committees.

[Art.50(48) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 51(49). Elaboration of the joint report or advisory note of the committees

(1) At the request of the committees notified to present advisory notes, the standing committee initially referred to can approve participation at its works, with advisory vote, of the raporteur or raporteurs of these committees.

(2) In case the committees meet in joint sittings to discuss the draft laws and decisions, they may agree to present the report or advisory notes as a joint document.

[Art.51(49) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 52(50). The term for debating on the draft legislative acts and legislative proposals by the standing committee initially referred to

The standing committee initially referred to shall debate on the draft legislative act or legislative proposal within maximum 60 working days, unless the Standing Bureau establishes another term.

[Art.52(50) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 53(51). The term for providing advisory notes on the draft legislative acts or legislative proposals by other competent committees

(1) Standing committees that received draft legislative acts and legislative proposals for providing advisory notes shall examine the drafts and present their advisory notes to the committee initially referred to within maximum 30 working days.

(2) In case this term is not observed, the standing committee initially referred to shall draft its report without advisory note or notes from the other committees.

[Art.53(51) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 54(52). Submission of advisory notes on the draft legislative acts and legislative proposals by the Legal Direction of the Parliament’s Apparatus

The draft legislative acts and legislative proposals are sent for elaboration of complex advisory notes to the Legal Direction of the Parliament’s Apparatus, which, within the term of maximum 30 working days, shall submit to the standing committee initially referred to and to the Direction on parliamentary documentation of the Parliament’s Apparatus its advisory note concerning correspondence of the draft or legislative proposal:

a) to the Constitutional provisions;

b) to the international treaties to which Republic of Moldova is party;

c) to the procedural and legislative requirements foreseen in the present Regulation, the Law on legislative acts and in other legislative acts.

[Art.54(52) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 55(53). Withdrawal of the draft legislative act or legislative proposal

(1) The author of the draft legislative act or legislative proposal may withdraw his/her draft or proposal any time until its final adoption in the plenum of the Parliament.

(2) In case a draft legislative act or legislative proposal has several authors, it can be withdrawn upon agreement of all authors. 

(3) In case when one of the authors of the draft legislative act or legislative proposal loses his/her status of subject of the right to legislative initiative, the draft or proposal may be withdrawn by the authors with such status.

(4) In case the author or all authors of the draft legislative act or legislative proposal lose their quality of authorities with the right to legislative initiative, the draft or proposal is examined in accordance with the general procedure and is submitted to the plenum of the Parliament by the committee initially referred to.

[Art.55(53) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.55(53) amended by the Law No.668-XIV from 11.11.99]

Article 56(54). Content of the report submitted by the standing committee initially referred to

(1) After debating on the draft legislative act or legislative proposal, the standing committee initially referred to will draft a report which shall mandatory include the following:

a) importance of legislative regulation of the problem which has made the theme of the draft legislative act or legislative proposal;

b) exhaustive regulation of the respective sphere of social relations through the draft legislative act or legislative proposal;

c) relevancy of examining of the draft law (considering the economical-financial possibilities of the republic, social-political situation, consecutiveness of the legislative regulation of the process etc.);

d) possibility of debating the draft law within the Parliament’s sittings etc.

(2) The report of the committee should reflect that: the draft law (in case of examining an ordinary law) is adopted; the draft law is approved in the first reading and will be prepared for the debate in the second reading; the draft law is sent back for finalization to the standing committee initially referred to or to another competent committee; the draft law is rejected.

(3) In case there are several draft legislative acts regulating the same issue and based on the same concept, the committee shall examine each draft separately and propose to the Parliament to include them for the second reading in the most comprehensive and reasonable draft.

(4) In case several draft legislative acts regulating the same issue, however based on different concepts, are subject to the Parliament’s debate, the Parliament, at the proposal of the committee initially referred to, shall decide, by the vote of the majority of the present MPs, which draft shall be debated as the main draft. The other drafts will be considered alternative drafts.

(5) In case when several draft legislative acts on amendment and/or completion of several articles from the same legislative act, are registered, they may be merged, at the proposal of the committee initially referred to, in order to be examined in the second reading as one draft law.

[Art.56(54) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 57(55). Inclusion of the draft legislative acts on the agenda and sending the report and advisory notes of the committee initially referred to for the attention of the MPs and authors of the draft

(1) The report of the standing committee initially referred to together with the advisory notes of the other committees that examined the draft legislative act or legislative proposal, as well as the advisory notes of the Legal Direction of the Parliament’s Apparatus, are transmitted by the Direction on parliamentary documentation of the Parliament’s Apparatus, to the MPs and authors of the draft legislative act or legislative proposal.

(2) At the sitting of the Standing Bureau, where the issue of inclusion of the draft legislative act on the agenda is examined, the standing committee initially referred to shall submit:

a) purposes, tasks and concept of the draft, prognosis of the social-economical effects and other effects of the draft, as well as the category of the law;

b) list of authors who participated at the drafting of the law;

c) list of persons or organizations that carried out expertise of the draft;

d) economical-financial substantiation of the draft;

e) advisory note of the standing committee (committees) on the draft;

f) advisory note of the Legal Direction of the Parliament’s Apparatus;

g) list and/or, draft legislative or normative acts necessary for the execution of the draft legislative act which is to be adopted.

[Art.57(55) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 58(56). Advisory notes of the Government to the draft legislative acts and legislative proposals

Draft legislative acts and legislative proposals submitted by the President of the Republic of Moldova, by the MPs or People’s Assembly of the autonomous territorial unit Gagauzia are sent to the government for providing advisory notes. Non-submission of advisory notes within maximum 30 days or in a shorter period of time, established by the Chairman of the Parliament, does not impede examination of the draft by the Parliament, if the law does not provide otherwise.

[Art.58(56) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.58(56) amended by the Law No.405-XV from 02.12.04, in force since 17.12.04]

[Art.58(56) amended by the Law No.193-XV from 24.05.2001]

Article 59(57). Proposal of amendments to the draft legislative acts

(1) MPs, standing committees and parliamentary factions are entitled to submit, usually in written form, conceptual proposals and motivated amendments to the draft legislative act, which shall be sent to the standing committee initially referred to within maximum 30 days after receiving the draft. The date of proposing amendments shall be the date of their registration at the committee initially referred to, which shall register all submitted amendments.

(2) Amendments are presented in the form of amendment of the content of the points, paragraphs, articles, in the form of completion of the draft with new articles or proposals of excluding some words, points, paragraphs or articles from the draft.

(3) Amendments shall be motivated.

(4) Amendments to the draft legislative act shall be examined by the standing committee initially referred to and, in case it considers necessary, also by another committee.

[Art.59(57) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.59(57) amended by the Law No.193-XV from 24.05.2001]

[Art.58 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 60(59). Examining the draft laws in readings

(1) Draft laws, listed in the agenda of the Parliament’s sitting, are debated, as a rule, in two readings.

(2) Upon decision of the Parliament, draft ordinary laws may be adopted in one reading.

(3) Draft organic laws are adopted only after their examination in the second reading.

(4) Draft constitutional laws, draft organic laws on the issues of budget, finances, economy that requires considerable financial costs, complex draft laws, as well as draft laws on other important issues, may be subjected to debates in the third reading, upon decision of the Parliament.

[Art.60(59) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 61(60). Debating the draft laws in the first reading

(1) Debating the draft laws in the first reading consists of:

a) submission of the draft by the author in accordance with art.47;

b) hearing of the report of the standing committee initially referred to;

c) delivering of speeches by the MPs while observing the order of giving the word to the representatives of all parliamentary factions.

(2) Report of the standing committee initially referred to is presented by its chairman or by one of its members designated by the committee.

(3) During debates, a Member of the Parliament is entitled to address maximum 2 questions to the raporteurs. Formulation of a question cannot exceed 2 minutes. Each answer cannot exceed 2 minutes. Comments concerning the presented drafts are not allowed. 

(4) Delivering of speeches as regulated in paragraphs (1) and (2) cannot exceed 7 minutes.

[Art.61(60) amended by the LawNo.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 62(61). The right of the author of the legislative initiative to take the floor

The author of the legislative initiative is entitled to take the floor before closing of the debates, at the same time, his/her speech should not upon agreement of the others.

[Art.62(61) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 63(62). Decisions adopted after debating the draft law in the first reading

(1) Following debate of the draft law in the first reading, the Parliament may adopt one of the following decisions:

a) adoption of the law (in case when an ordinary law is debated);

b) sending the draft law, at the proposal of the chairman of the sitting, for its finalization by the standing committee initially referred to or by another competent committee;

c) approval of the draft law in the first reading and its preparation for the debate in the second reading;

d) rejection of the draft law.

(2) Decisions of the Parliament concerning the debate of the draft laws in the first reading are included in the minutes of the sitting, if the Parliament does not decide otherwise.

[Art.63(62) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 64(63). Establishing the main and alternative drafts

(1) In case the committee initially referred to proposes for the Parliament’s debate draft legislative acts situated in one of the situations foreseen in art.56 par.(3) and (5), the Parliament will decide on these drafts with the vote of the majority of present MPs.

(2) In situation foreseen in art.56 par.(4), the Parliament, at the proposal of the committee initially referred to, will decide, with the vote of the majority of the present MPs, which draft shall be debated as the main draft. The other drafts will be considered alternative drafts.

[Art.64(63) in redaction of the Law  No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 65(631). Preparation of the draft laws for the second reading 

(1) After debating the draft law in the first reading, the draft is sent to the committee initially referred to or to another competent committee for examination of the amendments of the MPs, objections and proposals of the parliamentary factions, standing committees, advisory notes of the Government, of the Legal Direction of the Parliament’s Apparatus, as well as proposals of the representatives of the civil society and for the presentation of the respective report.

(2) During preparation of the draft law for the debate in the second reading, MPs, standing committees and parliamentary factions can submit amendments for the committee initially referred to within the term of 10 days since approval of the draft in the first reading. Provisions of art.59 shall be applied correspondingly.

(3) Authors of the amendments may participate at the sitting of the committee for finalization of the draft law. The committee shall inform the author in advance about holding the sitting.

(4) Debate of the draft law in the second reading shall take place maximum 45 days since approval of the draft in the first reading.

[Art.65(631) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 66(64). Debate of the draft law in the second reading

Debate of the draft law in the second reading shall consist of:

a) hearing the report of the committee initially referred to;

b) debating the draft per articles

c) voting the draft law per articles and, when relevant, the draft as a whole, if the Parliament does not decide otherwise.

[Art.66(64) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 67(65). Discussion of each article and presentation of amendments

(1) When discussing each article the MPs may express the point of view of the parliamentary factions to which they belong or their personal point of view in maximum 2 minutes.

(2) Representative of the Government may also take the floor.

(3) Oral amendments concerning the legislative technique and language might be made during delivering of speeches.

 [Art.67(65) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 68(66). Debating of the articles

(1) Debating of the articles starts with amendments. The amendment may be enunciated only once and must refer to the content of a separate article.

(2) During debating the draft law by articles, authors of amendments shall present arguments in favor of their proposals, which were rejected by the committee, in maximum 2 minutes.

(3) Regarding amendments submitted in conditions of art.67 par.(3), the raporteur of the standing committee initially referred to may provide oral answers, at the same time each answer shall not exceed 2 minutes.

[Art.68(66) in redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

 [Art.67 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 69(68). Debate and voting of amendments

(1) Debating of amendments shall begin with amendments which propose excluding of some of the texts comprised in the article subjected to debate and shall continue with amendments concerning amendment or completion of the article.

(2) The Parliament shall pronounce its opinion concerning each amendment by vote, except cases when adoption of one amendment excludes acceptance of the others.

(3) The author of the amendment may withdraw the amendment any time until it is voted.

[Art.69(68) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.69 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

 Article 70. The third reading of the draft law

(1) Debating of the draft law in the third reading shall be performed after a Decision of the Parliament has been adopted, in cases stipulated by article 59, par. (4) and in cases when at the second reading of the draft law substantial amendments that result in considerable increase of the financial expenditures in the process of the implementation of the law have been proposed.

(2) The third reading consists of:

a) presenting the amendments stipulated in par. (1) for examination to the standing committee initially referred to or other profile committee and the Government, and for elaboration of the report and advisory note, within 3 weeks;

b) performing the economical-financial impartial analysis of these amendments, subsequently to a Parliamentary Decision;

c) discussing the report of the standing committee initially referred to, of the advisory note of the Government and the results of the expertise.

(3) At the third reading, during the debates the floor shall be given only once and only to one representative from each parliamentary faction, in case the MPs from this faction presented amendments at the second reading of the draft law and the standing committee initially referred to didn’t accept them. Also, the floor shall be given once to the MPs that presented their amendments during the second reading of the draft law, and the standing committee initially referred to didn’t accept them. Each speech shall not exceed 3 minutes.

(4) In the debates shall be included only the articles to which amendments have been proposed.

(5) The report of the standing committee initially referred to and the advisory note of the Government shall contain the proposals regarding the financial resources and the means to cover the additional costs.

[Art.70 amended by the Law No. 430-XVI from 27.12.2006, enacted since 23.03.2007]

Article 71(701). Adopting the law in the final reading.

(1) When multiple amendments, proposals and objections have been accepted to the draft law in its final reading, thus modifying substantially the text of the draft law, the Parliament might decide to send it back to the committee initially referred to for editing and presentation for the final reading. Complex draft laws and codes shall be subjected to the final reading.

(2) The editing term shall be established by the Parliament taking into consideration the quality, complexity and the volume of the legislative act, however it shall not exceed 30 working days, with the exception of the complex laws and codes, which shall be edited within 3 months maximum.

(3) Prior to being signed by the Chairman of the Parliament, the legislative acts stipulated in par. (1) shall be subjected to adoption in the final reading, during which no amendments shall be made or presented, however the exceptions shall apply regarding the discrepancies between the text examined in the latest reading by the Parliament and the text presented for the final reading.

(4) Adoption of the draft law in the final reading is an expression of the intention and consent of the legislative authority to have the legislation applied in this version exclusively, taking into consideration the meaning and internal consistency of the respective provisions.

[Art.71(701) introduced by the Law No.430-XVI from 27.12.2006, enacted since 23.03.2007]

Article 72(71). Draft laws rejected by the Parliament

(1) Draft laws and decisions are considered to be rejected if at the overall voting the needed majority of votes stipulated by the art. 87 par.(1). has not been obtained.

(2) As a rule, draft laws and decisions rejected by the Parliament cannot be brought in repeatedly for discussion at the same sitting.

[Art.72(71) amended by the Law No.430-XVI from  27.12.2006, enacted since 23.03.2007]

Article 73(72). Signature of the normative acts adopted by the Parliament

Laws and decisions adopted by the Parliament shall be signed by the Chairman of the Parliament, or by one of the Deputy Chairmen of the Parliament, in cases stipulated in the art. 15, par. (2), within maximum 20 days from adoption.

[Art.73(72) amended by the Law No. 430-XVI  from 27.12.2006, in force since 23.03.2007]

Article 74(73). Sending the law for promulgation to the President of the Republic of Moldova

(1) The law shall be sent for promulgation to the President of the Republic of Moldova by the Chairman or one of the Deputy Chairmen of the Parliament on the next working day following the date of its signature the latest.

(2) Prior to promulgation, the President of the Republic of Moldova is entitled to send the law, in case he/she has objections to it, to the Parliament for re-examination within 2 weeks the most from receiving it.

(3) The President of the Republic of Moldova is entitled to ask the Parliament, only one time, to re-examine the law on any grounds that deem the whole law or a part of it as unacceptable. The objections raised by the President of the Republic of  Moldova shall be examined in conformity with the procedure stipulated in this Regulation on examining the amendments, based on the report of the standing committee responsible for the re-examined law and, upon the case, with the advisory note of the Legal Department of the President’s Apparatus.

(4) In case the Parliament, upon the re-examination of the law, upholds the prior adopted decision or amends the law based on the objections raised by the President of the Republic of Moldova, the President shall promulgate the law within 2 weeks the latest from the date of registration of the law at the Presidential Apparatus.

[Art.74(73) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 75(74). Rejection of the law

When after the re-examination of the law sent by the President of the Republic of Moldova in accordance with the provisions of the art. 74, par.(2), the Parliament doesn’t uphold its decision with a majority vote as stipulated in art. 87, the law is considered to be rejected and the provisions of art. 72 shall apply.

[Art.75(74) amended by the Law No. 430-XVI from  27.12.2006, in force since 23.03.2007]

Chapter 3(21)

SPECIAL PROCEDURE FOR ADOPTION OF THE LAWS ON AMENDING THE CONSTITUTION

[Chapter 3(21) introduced by the Law No. 984-XIV from18.05.2000]

Article 76(741). Constitutional laws

The revision of the Constitution and adoption of the laws on amending the Constitution (hereinafter constitutional laws) is performed in conformity with art.141, 142 and 143 from the Constitution and the provisions of this chapter.

[Art.76(741) amended by the Law No. 430-XVI from 27.12.2006, in force since 23.03.2007]

Article 77(742). Examination of the constitutional draft laws

(1) Examination by the Parliament of the constitutional draft law starts within 6 months from the presentation of this draft law by the subjects in accordance with the art. 141 par. (1), let. b), c) and d) from the Constitution., accompanied by the advisory note of the Constitutional Court,

[Par.1, Art.77(742) amended by the Law No. 45-XV from  06.04.2001]

[The following provision has been declared unconstitutional „...or by the Constitutional Court when the revision of the Constitution is initiated by citizens” from Art. 77(742), par. 1, in accordance with the Decision of the Constitutional Court No. 41 from 07.12.2000]

(2) Constitutional draft laws are subjected to at least two readings.

(3) The Chairman of the Parliament shall send the constitutional law draft for examination to the Legal Committee for appointments and immunities. In case the Legal Committee for appointments and immunities requires the participation at the examination of the constitutional draft law of the MPs from other standing committees, he/she will propose to the Parliament to create a special committee.

[Art.77(742)amended by the law No. 430-XVI from 27.12.2006,in force since 23.03.2007]

Article 78(743). Elaboration of the advisory notes and reports on the constitutional draft laws.

(1) In order for the constitutional draft laws to be examined, they shall be mandatory accompanied by the advisory notes of all standing committees, of the Legal Department of the President’s Apparatus and of the Government, when the draft is not elaborated at its initiative.

(2) Based on the advisory notes as provided in par. (1), the special committee or the standing committee initially referred to elaborates a report on the constitutional law draft and presents it to the Standing Bureau within 15 days from the expiry of the term stipulated by the art. 77, par. (1). The report shall contain an analysis on the feasibility of the amendments proposed and of possible consequences.

[Art.78(743) amended by the Law No. 430-XVI from  27.12.2006, in force since 23.03.2007]

Article 79(744). Examination of the constitutional draft laws in the first reading (1) Examination of the constitutional draft law in the first reading consists of the:

[Let. a) excluded by the Law No. 45-XV from 06.04.2001, the other have new numbering]

[Let. a) from par. 1, art. 79(744) has been declared unconstitutional pursuant to the Decision of the Constitutional Court No. 41 from 07.12.2000]

a) hearing of the special committee report or of the report of the standing committee initially referred to;

b) speeches of the MPs, representatives from all parliamentary factions.

(2) At debating of the constitutional draft law in the first reading, no amendments shall be made. At the closing of examination, the Parliament adopts one of the following decisions:

a) approves the draft law in the first reading;

b) sends the draft law to the special committee or standing committee initially referred to.

[Let. c) excluded by the law No.45-XV from 06.04.2001]

[Let. c), par.2 from art. 79 (744)is declared unconstitutional pursuant to the Decision of the Constitutional Court No. 41 from  07.12.2000]

(3) The decision regarding the constitutional draft law examined in the first reading is adopted by the Parliament, in the form of a Decision, with the vote of the majority of present MPs.

[Art.79(744) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 80(745). Classification into main and alternative drafts

When the Parliament has to examine more constitutional draft laws regarding the same issue, the Parliament decides, at the proposal of the special committee or of the standing committee initially referred to which one shall be examined as a main draft law, the other being classified as alternative draft laws.

[Art.80(745) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 81(746). Sending the constitutional draft law to the special committee or to the standing committee initially referred to

(1) After adopting the constitutional draft law in the first reading, the Chairman of the Parliament asks for the opinion of the MPs on subjecting to immediate voting in the second reading of the draft or sending it to the special committee or to the standing committee initially referred to for examining the amendments and preparing the draft law for examining it in the second reading.

(2) If at least 25 MPs demand sending the constitutional draft law to the special committee or to the standing committee initially referred to, the Chairman shall accomplish this requirement. Otherwise the draft legislation shall be voted on in the second and the final readings.

[Art.81(746) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 82(747). Debating and voting of the amendments

(1) When the constitutional draft law is sent to the special committee or standing committee initially referred to, the MPs shall prepare and send the amendments to respective committee within 15 days after the adoption of the draft in the first reading. This term can be extended, at the proposal of the President of the Parliament, through the majority vote of the present MPs.

(2) At the second reading, only the amendments provided in a written format and signed by at least 5 MPs, shall be examined and voted upon. The amendments shall not contain elements that lack from the draft commented upon by the Constitutional Court and shall refer only to the following:

a) text editing;

b) amendments that do not change the substance of the proposals made by the author;

c) omission of some articles or parts of articles, in case it doesn’t change the substance of the draft.

(3) The special committee or the standing committee initially referred to examines and votes each amendment separately. Afterwards, it shall elaborate a report to present the constitutional law draft for the second reading, in which it presents its position regarding each article.

[Art.82(747) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 83(748). Examining the constitutional draft laws in the second reading (1) Examination of the constitutional draft law in the second reading consists of:

a) presentation of each amendment by its authors;

b) hearing of the opinions of the parliamentary factions, presented by two speakers at most on behalf of each faction and by independent MPs;

c) hearing of the opinion of the special committee or of the standing committee initially referred to regarding each amendment;

d) voting of each amendment separately.

(2) The amendments to the constitutional draft law are approved by the majority vote of the present MPs.

(3) If the amendment doesn’t acquire the necessary number of votes, the provision voted upon in the first reading shall be considered as adopted.

[Art.83(748) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 84(749). Voting procedure

(1) After examination and voting of each article separately, the Chairman of the Parliament shall subject to voting the whole constitutional draft law.

(2) The constitutional draft law as a whole shall be adopted by the Parliament with the vote of two thirds of the elected MPs.

(3) If the constitutional draft law doesn’t acquire a needed number of votes, it’s nullified.

[Art.84(749) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 85(7410). Sending the constitutional law for promulgation to the President of the Republic of Moldova

The constitutional law adopted by the Parliament shall be referred to the President of the Republic of Moldova for promulgation according to the procedure stipulated in art. 74 and 75.

[Art.85(7410) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 86(7411). Organizing the referendum for the revision of the Constitution

(1) When the provisions stipulated by art. 142, par. (1) from Constitution are being examined, the Parliament shall declare, after the adoption of the constitutional draft law, the republican constitutional referendum for adoption of new provisions.

(2) Republican constitutional referendum shall be organized in conformity with the provisions of the Electoral Code.

[Art.86(7411) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Chapter 3(21) introduced by the Law No.984-XIV from 18.05.2000]

Chapter 4(3)

VOTING PROCEDURE

Article 87(75). Voting procedure according to the categories of normative acts

(1) Laws, decisions and other acts are adopted by the Parliament with the majority vote, as follows:

a) constitutional laws – with the vote of 2/3 from the number of elected MPs;

b) organic laws – with the vote of majority of elected MPs;

c) ordinary laws, decisions and other acts – with the majority vote of present MPs.

(2) The procedure stipulated in par. (1) is applicable also in the case of re-examination of the laws to which the President of the Republic of Moldova has objections.

(3) Other type of majority of the votes is applicable only in cases expressly provided by the Constitution.

[Art.87(75) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 88(76). Voting procedure during the hearing

Prior to voting, the chairman of the hearing shall clearly present the issue that is being voted on, abstaining from any comment. Each proposal is voted separately. If a Member of the Parliament insists on his proposal being voted on, his request shall be satisfied. The results of the voting are announced clearly in order to be registered by the stenographer.

[Art.88(76) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007

[Art.88(76) amended by the Law No.822-XV from 07.02.2002]

[Art.88(76) par.(2) has been declared unconstitutional by the Decision of the Constitutional Court No.21 from 04.05.99]

Article 89(77). Voting procedures

(1) A Member of the Parliament votes individually by secret or open vote.

(2) The open vote is expressed by raising hands, by nominal voting or electronically.

(3) The secret vote shall be expressed by voting ballots in case of appointments and electronically – in case of adoption of laws and decisions.

(4) The Parliament decides, at the proposal of the President of the hearing or of the MPs, which voting procedure to use, except for the case when the procedure is established through the Regulation..

[Art.89(77) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 90(78). Nominal voting

(1) Nominal voting place as follows: the chairman of the hearing explains the object of voting and the meaning of the words "for" and "against"; one of the members of the Standing Bureau reads aloud the names and the surnames of the MPs; each deputy responds with "for" or "against".

(2) After concluding the counting, one shall repeat the names and surnames of those who didn’t respond.

[Art.90(78) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 91(79). Voting by ballots

(1) When voting by ballots, the ballot shall contain the name and surname of the candidate, the position for which he/she is running and the parliamentary faction to which he is a member.

(2) When voting "for", the MP shall leave untouched on the voting ballot both the name and the surname of the proposed candidate; when voting "against" he/she shall erase the name and surname of the candidate.

(3) Voting ballots are gathered into a box.

[Art.91(79) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 92(80). The procedure of selection, appointment or proposal for appointment of public officials

(1) The decisions regarding the selection, appointment of placing the proposals for appointment into a position of public officials, which are made by the Parliament, according to the Constitution and other legislation, shall be adopted in accordance with the provisions of art. 74, par.(2) from the Constitution. The same procedure is applied when adopting the decisions of the Parliament regarding the dismissal of the respective official persons, with the exceptions established in the legislation.

(2) The issue regarding the selection, appointment or presenting the proposals on appointment of public officials shall be examined by the Parliament after the presentation of the report of the Legal Committee for appointments and immunities.

(3) In the process of elaboration of the report the committee will examine the candidates for selection, appointment or the proposals for appointment of public officials, being entitled to summon the respective persons for the hearing.

[Art.92(80) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 93(81). Limitations on speech

During the voting the MPs are not given the floor.

[Art.93(81) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 5(31)

PROCEDURE OF WITHDRAWAL OF PARLIAMENTARY IMMUNITY

[Ch.5(31) introduced through Law No.430-XVI from 27.12.2006, in force from 23.03.2007]

Article 94(811). Parliamentary immunity

(1) Based on the constitutional provisions the parliamentary immunity has as a goal the protection of the Member of the Parliament from criminal investigations and guaranteeing of his/her right to the freedom of expression.

(2) A Member of the Parliament shall not be arrested, detained, subjected to search, except for the cases when caught in flagrante delicto, or sent to court without a prior authorization of the Parliament, after a hearing.

(3) The immunity doesn’t extend on the members of the family of the MPs.

Article 95(812). The request to withdraw parliamentary immunity

(1) In the situation when a Member of the Parliament committed a crime or an administrative offence, the General Prosecutor can request the Parliament to withdraw his/her immunity in order to perform an apprehension, search, detention or issue a subpoena to appear before a judge.

(2) The request for withdrawal of immunity of a Member of the Parliament is addressed to the Chairman of the Parliament.

(3) The Chairman of the Parliament informs the MPs about the request in the plenary session of the Parliament following the date of its presentation and sends it for examination immediately to the Legal Committee for appointments and immunities.

(4) If the request of the General Prosecutor as stipulated in par. (2) has been registered in the Parliament between the sessions, it shall be brought to the knowledge of the MPs in the first plenary hearing during the next sessions.

(5) The request to withdraw the immunity of the MP shall be filed for each crime or misdemeanour separately.

(6) When the criminal case has been sent to court prior to the validation of MP’s mandate, the withdrawal of parliamentary immunity is performed according to this chapter.

Article 96(813). The procedure of examining the request of the General Prosecutor by the Legal Committee for appointments and immunities.

(1) The Legal Committee for appointments and immunities shall examine the request of the General Prosecutor within maximum 15 days after bringing it to the attention of the MPs by the Chairman of the Parliament and shall decide upon the existence or non-existence of any solid grounds for accepting or rejecting the request.

(2) General Prosecutor shall present to the Legal Committee for appointments and immunities the documents regarding the case, upon request.

(3) The date and place of holding of the session of the Legal Committee for appointments and immunities shall be communicated to the General Prosecutor and to the MP regarding whom the request to withdraw the immunity has been filed. Ungrounded absence of any of them is not an obstacle to further examination of the request.

(4) After the hearing of the General Prosecutor’s request and of the MP against whom the request to withdraw the immunity has been filed, the Legal Committee for appointments and immunities shall adopt a decision with a majority vote of its members.

(5) Following the examination of the request of the General prosecutor, the Legal Committee for appointments and immunities shall elaborate a report for the Standing Bureau.

(6) The report of the Legal Committee for appointments and immunities shall be introduced on the agenda as a matter of priority.

Article 97(814). The procedure of withdrawal of the parliamentary immunity

(1) The report of the Legal Committee for appointments and immunities shall be examined and adopted by the Parliament within maximum 7 days from its presentation to the Standing Bureau.

(2) The presence at the plenary sitting of the MP against whom the withdrawal of the immunity is requested is mandatory. His motivated absence shall result in postponing of the examination of the request. Unmotivated absence of the MP doesn’t hinder the carrying out of the examination in his absence.

 (3) The Chairman of the Legal Committee for appointments and immunities or another member shall present the report to the committee regarding the examination of the request filed by the Prosecutor General.

(4) The Prosecutor General shall motivate his request to withdraw the immunity of the MP and shall provide answers to the MPs, afterwards the MP against whom the request to withdraw immunity has been filed shall be heard and he shall answer the questions.

(5) Prior to voting, the MPs are entitled to express their opinion regarding the request to withdraw the immunity of the MP.

(6) The Parliament shall decide upon the request of the Prosecutor General with the majority vote of the elected MPs, expressed secretly.

(7) At the secret voting the provisions of the art. 8 shall apply respectively.

(8) The results of the secret voting shall be validated through a Decision of the Parliament, which shall either authorize the withdrawal of immunity or reject the request of the Prosecutor General.

(9) The Decision of the Parliament shall be communicated to the Prosecutor General within 3 days from its adoption.

Article 98(815). Informing of the Parliament regarding the results of the examination of the grounds for withdrawal of the parliamentary immunity

(1) In case the criminal investigation or administrative procedures have been concluded, as well as at delivering of a final judicial decision, the General Prosecutor shall inform the Parliament about this fact. The Chairman of the Parliament informs the MPs at the plenary session of the Parliament about this.

(2) In case the criminal investigation or administrative procedures have been concluded, as well as at the final acquittal by the court, the case shall be considered as closed and the decision of the Parliament for withdrawal of parliamentary immunity shall be nullified.

[Chapter 4(31) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 6(4)

HOLDING OF THE PARLIAMENTARY SITTINGS

Article 99(82). Public character of the parliamentary sittings

(1) The sittings of the Parliament are public, except for the cases when, at the request of the Chairman of the Parliament, of a parliamentary faction or of a group of at least 5 MPs,  a decision has been made for closing the sittings, by a majority vote of MPs.

(2) Plenary sittings of the Parliament, except for those closed in accordance with the par. (1), may be broadcasted directly on the public national radio and TV stations, pursuant to the provisions of the Audiovisual Code of the Republic of Moldova, as well as at the initiative of the Parliament, by a decision adopted with the majority vote of the MPs present. Stenography reports of the public sittings are published on the official web page of the Parliament. Official press-releases on the parliamentary sittings shall be made public only through the press service of the Parliament.

[Art.99(82) amended by the Law No.76-XVI from 23.03.2007, in force since 30.03.2007]

[Art.99(82) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 100(83). Persons allowed to the sittings of the Parliament

(1) At the public sittings of the Parliament may assist the representatives of diplomatic missions, parliamentary ombudsmen, representatives of mass-media and, upon the case, public servants from the Apparatus of the Parliament, as well as other persons, having an authorization or invitation letter, in accordance with the conditions set by the Standing Bureau.

(2) The persons assisting at the sitting shall keep silence and abstain from any manifest approval or disagreement, and shall be asked to leave the meeting room upon breaking these rules.

[Art.100(83) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.100(83) amended by the Law No.40-XVI from 15.04.05, in force since 29.04.05]

[Art.100(83) amended by the Law No.1157-XV from21.06.2002]

[Art.100(83) completed by the Law No.18-XIV from 14.05.98]

Article 101(84). Participation of the MPs at the sittings

(1) MPs shall include themselves on the participant list prior to the opening of the sitting and shall be present at the working sessions of the Parliament.

(2) The MP which cannot participate at the sitting, due to reasons beyond his/her control, shall inform the leadership of the Parliament through the subdivision of the Parliamentary Apparatus responsible for organization of the plenary sittings, and mention the reasons that impede his/her participation.

[Art.101(84) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 102(85). Working agenda of the Parliament

(1) As a rule, the Parliament carries out its activities in plenary sittings, committees and factions, according the following schedule:

a) Monday – the work with the electorate (consultation day, traveling to the regions);

b) Tuesday – sittings with the parliamentary factions;

c) Wednesday – sittings of the Standing Committees;

d) Thursday and Friday – plenary sittings.

(2) The Parliament may decide the continuation of a plenary sitting on other days.

(3) On Thursday, within the last hour of the activity of the Parliament, the questions raised by MPs shall be examined. The sitting from the last Thursday of the month, on the second half of the day, is devoted to hearing of interpellations.

(4) At the proposal of the Standing Bureau the Parliament could decide to carry out its activities according to a different schedule, for a certain period of time.

(5) Within each two hours of the activity of the plenum of the Parliament, the chairman of the sitting shall announce a break.

[Art.102(85) amended by the Law No.430-XVI from 27.12.2006, in force since23.03.2007]

[Art.102(85) amended by the Law No. 42-XV from 06.04.2001]

[Art.102(85) amended by the Law No.354-XIV from 08.04.99]

Article 103(86). Opening of the sitting

(1) The sitting of the Parliament is opened by the Chairman or one of the Deputy-Chairmen.

(2) During the sitting the chairman is assisted by the Deputy Chairmen.

(3) The chairman of the sitting clarifies if the legal quorum has been met and announces the agenda.

[Art.103(86) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 104(87). Duties of the chairman of the sitting

(1) Te chairman of the sitting leads the debates, observes the respecting of the Regulation and maintenance of order during the sittings.

(2) The chairman of the sitting is not entitled to provide comments on the presentations of the MPs.

[Art.104(87) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 105(88). Presentations during the plenary sittings

(1) The persons that deliver presentations in the Parliament shall speak from the parliamentary rostrum or by using specially installed microphones. Nobody shall take the floor other than if offered by the chairman of the sitting.

(2) The MPs that intend to deliver a speech regarding the issues included into the agenda shall include themselves on the list of presenters kept by the chairman of the sitting. Into this list shall also be included the issue to be discussed from the agenda and the time limit requested by the speaker, which shall not exceed 7 minutes.

(3) The presenters shall refer only to the issue mentioned in the aforementioned list.  Otherwise the chairman of the sitting shall mention this to them and, in case on non-compliance shall be sanctioned with withdrawal of the right to deliver a speech.

(4) The President of the Republic of Moldova and the Prime-Minister shall be given the floor anytime, upon request, if the Parliament doesn’t decide otherwise. Upon necessity, the persons mentioned shall be given additional time to that provided in the par. (2).

(5) The Parliament can initiate debates of the presented issues, by establishing the time and ways for performing the examination.

[Art.105(88) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 106(89). Statements of the MPs.

(1) The MPs are entitled to make statements regarding the issues that are not reflected on the agenda of the plenary sitting. At the beginning of the plenary sitting, MPs shall include their names on the list for delivering statements, kept by the chairman of the sitting.

(2) The MPs that are included on the list of statements shall be given floor at the end of the sitting.

(3) The parliamentary factions shall receive up to 7 minutes for delivering each statement, and the MPs – up to 5 minutes.

(4) If the statement is made regarding the image of one of the parliamentary factions or of an MP, they have the right to reply during the same sitting. The reply shall not exceed 3 minutes.

[Art.106(89) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007] 

[Art.90 excluded by the Law No.430-XVI from 27.12.200, in force since 23.03.20076]

Article 107(91). Exceptions from the rules of giving the floor to an MP

(1) The chairman of the sitting may anytime give the floor to an MP for providing a response in an issue involving him/her personally, limiting the time provided for this purpose.

(2) The provisions from par. (1) shall apply also when there’s a request to deliver a speech on issues regarding the Regulation.

[Art.107(91) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 108(92). Concluding the debates

(1) At the request of the chairman of the sitting or of a parliamentary faction, the examination of the issue taken by the Parliament for examination may be concluded.

(2) The decision to conclude the examination shall be adopted by a majority vote of the MPs present.

[Art.108(92) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.93,94 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 109(95). Records and stenography reports of the debates during the parliamentary sittings.

(1) Debates that take place during the sittings of the Parliament shall be recorded on tape and by stenography.

(2) MPs have the right to check the accuracy of the stenography report by confronting its contents with the tape record.

[Art.109(95) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.951 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.951 introduced by the Law No.830-XIV from 18.02.2000]

Chapter 7(5)

ENFORCEMENT OF THE LAWS

Article 110(96). Establishing the means to enforce the law

In the final and transitory provisions the Parliament establishes the means for enforcing the law.

[Art.110(96) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 111(97). Carrying out of control and presentation of reports on enforcement of the laws

(1) Usually the control over the enforcement of the law (publication within the set time limits, organisation of the trainings on the legal provisions etc.) by profile individuals and institutions, as well as determining the efficiency of the law shall be handed to the profile Standing committee assisted by the Legal Department of the Parliament’s Apparatus, to other committees established for this purpose by the Parliament.

(2) As a result of the carrying out of the control, the parliamentary committee shall present recommendations to the Government and/or other public authorities and, upon necessity, shall present to the Parliament reports on enforcement of the laws, usually within 6 months from entering into force of the respective law.

(3) In the text of the law the Parliament could establish a shorter or a longer term for elaboration of the report on the enforcement of the law.

[Art.111(97) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.98 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 8(6)

MOTIONS AND EXCLUSIVELY POLITICAL ACTS OF THE PARLIAMENT

[Chapter 6 in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Section one

Simple motion

Article 112(99). Filing a simple motion

(1) Simple motion expresses the position of the Parliament regarding a certain problem of internal or external politics or, upon the case, on an issue that has been reflected in an interpellation.

(2) Simple motion shall be initiated by at least 15 MPs.

(3) One MP shall not sign more simple motions regarding the same issue at once.

Article 113(100). The content of a simple motion.

(1) The simple motion shall contain motivation and dispositive parts. The motion shall be filed with the chairman of the sitting, in the plenary sitting of the Parliament.

(2) After receiving the motion, the chairman of the sitting shall inform the Parliament about it, and it shall establish the date for examining the motion and order its immediate submission to the Government and its distribution to the MPs.

(3) The simple motion shall be examined within 7 days from its submission.

Article 114(101). Provision of the advisory note for the motion

The simple motion shall be debated upon only if accompanied by an advisory note from the competent standing committee. The advisory note shall be submitted within 3 days from the date the motion has been filed.

Article 115(102). The examination of a simple motion.

(1) The examination of a simple motion starts with the presentation of a report to the Government.

(2) At the examination of the motions, the provisions of art. 99-109 shall apply accordingly.

(3) Simple motions shall be adopted by the vote of majority of the MPs present.

(4) Simple motions adopted by the Parliament shall be published in the Official Gazette of the Republic of Moldova, in Part I and shall be mandatory for the Government and other authorities as mentioned.

Section two

Censure motion

Article 116(103). Filing of the censure motion

(1) Censure motion expresses the withdrawal of the vote of trust given to the Government at its investiture.

(2) Censure motion on the activity of the Government may be initiated by at least 1/4 of the total number of elected MPs.

(3) Censure motion on the activity of the Government shall be elaborated and filed in accordance with the procedure established in the art.113 par.(1) and (2).

Article 117(104). Examination of the censure motion

(1) Censure motion regarding the activity of the Government shall be examined on the first day of the plenary sitting on the week following to the date of its filing.

(2) Examining of the motion shall take place in accordance with the provisions of the art.115 par.(1) and (2).

(3) Censure motions shall be adopted with the majority vote of the elected MPs.

Article 118(105). Effects of the decision regarding the censure motion

(1) In case the censure motion regarding the activity of the Government has been rejected, the MPs which have signed it shall not be entitled to initiate a new motion, within the same session, based on the same grounds.

(2) When the censure motion has been adopted, the Prime-Minister will present to the President of the Republic of Moldova within the latest 3 days the dismissal of the Government.

(3) Censure motions regarding the activity of the Government that has been adopted by the Parliament shall be published in the Official Gazette of the Republic of Moldova, in Part I.

Section three

Taking over the responsibility by the Government

Article 119(106). The mechanism of taking the responsibility over by the Government

(1) The Government could take over the responsibility before the Parliament regarding a program, a general political statement or an organic or ordinary draft law.

(2) Taking over of political responsibility before the Parliament shall be declared by a Decision of the Government, presented on the same day to the Parliament, attaching the text of the program, general political statement or a draft law. The Chairman of the Parliament shall immediately request the distribution of the decision and of additional materials to the MPs.

(3) If within 72 hours from the moment of taking over the responsibility by the Government, at least 1/4 from the total number of elected MPs doesn’t file a censure motion to the Government or if the filed censure motion is rejected, the program, the general political statement or the draft law is considered to be adopted and becomes mandatory for the Government.

(4) When a censure motion has been filed in accordance with the par. (3), it shall be examined in accordance with the art.116–118.

Article 120(107). Entering into force of the laws adopted as a result of the taking over of responsibility by the Government

The laws adopted as a result of the taking over of the responsibility by the Government before the Parliament enter into force at the date of publication.

Section four

Exclusively political acts of the Parliament

Article 121(1071). Exclusively political acts of the Parliament

(1) Exclusively political acts of the Parliament are expressions of the will of legislative authorities, producing political effects and which do not have the force of the normative legislation.

(2) To the category of exclusively political acts of the Parliament relate the statements, appeals, messages etc.

(3) The drafts of exclusively political acts of the Parliament shall be commenced by the parliamentary factions, or by a group of at least 5 MPs.

(4) Exclusively political acts of the Parliament shall take the form of Parliament’s Decisions and shall be adopted by the majority vote of the MPs present.

(5) Exclusively political acts of the Parliament shall be published in the Official Gazette of the Republic of Moldova, in Part I.

[Chapter 8(6) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 9(7)

QUESTIONS, INTERPELLATIONS, HEARINGS, REPORTS

[Title of the chapter 9(7) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Title of the chapter 9(7) in the redaction of the Law No.1157-XV din 21.06.2002]

Section one

Questions

Article 122(108). Addressing the questions

(1) The last hour of each working Thursday of the Parliament, except for the last Thursday of the month, shall be devoted to questions.

(2) Each MP is entitled to address question to the members of the Government, of the leadership of other public authority bodies. The MP shall address maximum two questions within the same plenary sitting.

(3) The MPs are not entitled to address questions to the President of the Republic of Moldova, to the representatives of the judiciary, to the local public administration authorities, and the questions which:

a) refer to personal issues;

b) follow obtaining legal assistance exclusively;

c) refer to the pending cases or could inflict upon the cases already being examined;

d) refer to the activity of some individuals that do not hold public positions as mentioned in par.(2).

[Art.122(108) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 123(109). Answering the questions

(1) When formulating the question, the MP shall clarify if he intends to receive the answer at the plenary sitting in written or in oral format.

(2) The subdivision of the Apparatus of the Parliament which is responsible for organization of the plenary sittings shall register the questions and convey them to the individuals and bodies to which they have been addressed.

(3) In case an oral response is required, it shall be given at the following plenary sitting within the hour allotted for the Government.

(4) In case a written answer has been required, it shall be given within 15 days.

(5) If the questions are addressed to the audience, they could give instantly an answer to each question or shall mention that the answer shall be given within the term as stipulated in par. (3) or, depending of the situation, in the par. (4).

(6) If the MP that has requested an oral answer to be given to the addressed question is not present in the meeting room of the Parliament, he shall be given a written response.

[Art.123(109) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 124(110). The time allotted for the questions

(1) The time allotted for addressing a question shall not exceed 2 minutes.

(2) The time allotted for each oral response shall not exceed 3 minutes.

(3) If the person that has addressed a question is not satisfied with the received response, he/she shall be given 1 minute for comments.

(4) If the time allotted to answers and questions exceeds the time limit established by the art.122, par.(1), usually the chairman of the sitting shall postpone till the next sitting some of the questions and answers.

[Art.124(110) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.111 excluded by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Section two

Interpellations

Article 125(112). Filing and examining of interpellations

(1) The interpellations are filed in written, having described the substance, without details, and with a clarification on the type of response requested.

(2) An interpellation filed by an MP consists of a request addressed to the Government, by which the explanations regarding some aspects of Government’s politics regarding its internal and external activities are required.

(3) The interpellations shall be read aloud and given to the chairman of the plenary sitting, which then shall send them to the Prime-Minister.

(4) When a written response to an interpellation has been required, the Government shall give the response within 15 days the latest.

(5) The authors of the interpellation might request from the Parliament the examining of the response to an interpellation within the plenary sitting, by filing a simple motion.

(6) The presence of the members of the Government to whom the interpellations have been addressed at the sitting of the Parliament devoted to petitions is mandatory.

[Art.112 in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Section three

Hearings and reports

[Title in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 126(1121). Parliamentary hearings

(1) The Parliament, once during the session, hears the Government on the issues related to its activity.

(2) At the suggestion of the Standing Bureau, of the standing committees or of the parliamentary factions, the Parliament also initiates the hearings of other issues of major public interest.

(3) The date and procedure for carrying out of the hearings shall be established by the Parliament and brought to the knowledge of the MPs and the Government.

[Art.126(1121) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.126(1121) introduced by the Law No.1157-XV from 21.06.2002]

Article 127(1122). The annual report on the activity of the Government

(1) The Government, shall present the annual report on its activities at the plenary sitting of the Parliament on the annual basis, in April. The report shall be distributed to the MPs at least 10 days prior to the plenary sitting in which it shall be heard.

(2) In the plenum of the Parliament, the Government’s report shall be presented by the Prime-Minister.

(3) An MP is entitled to address maximum two questions on the report.

[Art.127(1122) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 128(1123). The annual reports of the public authorities

(1) Other authorities vested with the duty to present their annual reports at the plenary sitting of the Parliament shall present them within the timeline set by current legislation.

(2) The Standing Bureau shall include into the agenda the hearing of respective reports within maximum 30 days from the date they’ve been presented.

(3) The Parliament could decide to adopt a decision regarding the issues from the presented reports.

[Art.128(1123) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 10(8)

LEAVES, ABSENCES

[Title in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 129(113). The absence of the MPs at the sittings

(1) No MP shall be absent from the sittings of the Parliament of the Standing committee he/she is a member to, except well-grounded.

(2) The MP that accomplishes a task given by the Parliament, by the Standing Bureau, parliamentary committee or the faction he/she is a member to, as well as by the Chairman of the Parliament,  which impedes him/her from being present at the parliamentary sitting, shall be considered as absent on motivated grounds. The absence at the parliamentary sitting of a Member of the Parliament which carries out a task given by the parliamentary committee or the faction to which he/she is a member to shall be brought to the knowledge of the Chairman of the Parliament in advance.

[Art.129(113) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 130(114). The annual leaves of the MPs

(1) The MPs are entitled to a paid annual leave, to a personal leave and to a sick leave.

(2) Any leave of the MPs, except for the sick leave, shall be authorised by a decision of the Chairman of the Parliament or of the Deputy Chairman that takes on the duties of the Chairman in his absence.

(3) Usually the paid annual leave shall be given to the MPs for a period of 36 working days (taking as basis 6 working days a week), during the Christmas or summer holidays.

(4) Personal leave shall be given to the MPs for a period of maximum 10 days during one session.

[Art.130(114) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 131(115). Unmotivated absence from the sittings

The MP who has been absent without motivation at the sittings of the Parliament or other working bodies shall lose the right to social allowance for the respective day, as stipulated in the art. 26, par. (1) from the Law on the statute of the Member of the Parliament.

[Art.131(115) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.131(115) amended by the Law No.1157-XV from 21.06.2002]

Chapter 11(81)

LIMITATIONS AND SANCTIONS

[Title in the redaction of the Law No. 430-XVI from 27.12.2006, in force since 23.03.2007]

Article 132(116). Limitations

The following shall be forbidden:

a) addressing insults, threats or calumny either from the rostrum of the Parliament, or from the meeting room;

b) dialogue between the speaker at the rostrum and the persons from the audience;

c) conversations on mobile telephones in the meeting room during the plenary sittings of the Parliament;

d) disturbing of the debates or causing clutter in the meeting room;

e) any actions that shall impede carrying out properly the activities of the Parliament.

[Art.132(116) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 133(1161). Sanctions for violation by the MPs of the provisions of the Regulation

(1) Violation by the MPs of the provisions of the Regulation during the sittings of the Parliament shall result in the sanctions as follows:

a) warning;

b) calling to order;

c) withdrawal of right to deliver a speech;

d) prohibition to deliver a speech for a period of up to 5 sittings;

e) order to leave the meeting room;

f) interdiction to participate at the plenary sittings for a period of up to 10 sittings.

(2) The sanctions stipulated in the par. (1), let. a) - c) shall be applied by the chairman of the sitting, and the sanctions stipulated in par.(1) let. d) - f) shall be applied by the Parliament, with the majority vote of the MPs present, at the proposal of the chairman of the sitting or of a parliamentary faction.

(3) The sanctions applied to the MPs during the sittings of the Parliament shall be included into the stenography report.

(4) The MPs regarding whom a proposal to apply the sanctions stipulated in the par. (1) let. d)–f) has been filed, shall be entitled to give explanations to the Parliament for no longer than 3 minutes.

(5) The enforcement of the sanctions stipulated at the par. (1) let.e) and f) shall be ensured by the personnel of the special service of the Parliament in accordance with a regulation adopted by a law.

[Art.133(1161) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 134(117). Warnings

At the first violation by the MP of the provisions of the Parliament, the chairman of the sitting shall issue him/her a warning and a request to respect the Regulation.

[Art.134(117 in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 135(118). Calling to order

The chairman of the sitting shall call to order the MPs which:

a) do not take into consideration the warning issued by the chairman of the sitting and continue to violate the Regulation;

b) argue with other MPs or participants at the sitting;

c) use offensive gestures or language;

d) deviate from the topic of discussion;

e) disturb the order of the sitting otherwise.

[Art.135(118) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 136(1181). Cases when the sanction of calling to order shall not be applied

(1) The chairman of the sitting has the right, prior to calling to order of the MP, to invite him to retract his words or provide an explanation on the words that have generated a conflict and which may lead to applying of the sanction.

(2) In case the used words have been retracted or the regret has been expressed or an explanation has been accepted by the chairman of the sitting as satisfactory, the sanction shall not be applied.

[Art.136(1181) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 137(119). Withdrawal of the right to deliver a speech and prohibition to deliver a speech

(1) The chairman of the sitting may withdraw the right to deliver a speech from a Member of the Parliament which:

a) after being called to order, continues to disturb the order of the sitting;

b) extends his speech over the allotted time and doesn’t comply with the orders of the chairman to conclude the presentation.

(2) The Parliament may prohibit the MP to deliver a speech in case he has committed violations stipulated in the par. (1) during the same sitting, after he/she has been sanctioned with withdrawal of right to deliver a speech.

[Art.137(119) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 138(120). The order to leave the meeting room

(1) MP may be ordered to leave the meeting room if he:

a) during the sitting, calls to using of or applies himself violence;

b) during the sitting, addresses insults, calumny or public threats on behalf of the of the President of the Republic of Moldova, MPs, the members of the Government and other persons;

c) votes electronically on behalf of another MP;

d) blocks, by various means, the rostrum or the microphones in the meeting room.

(2) MP that has been subjected to the sanction of leaving the meeting room  shall instantly comply with this sanction and may not return in the plenary sitting until its finishing.

[Art.138(120) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 139(1201). Interdiction to participate in plenary sittings

(1) If the MP sanctioned with the order to leave the meeting room doesn’t voluntarily leave the sittings room or if he has been repeatedly sanctioned during the same sitting with the leaving of the meeting room, the Parliament is entitled to apply to this MP the sanction of interdiction to participate in plenary sittings for a period of up to 10 sittings.

(2) If even after this sanction of interdiction to participate at the plenary sittings the MP doesn’t voluntarily leave the sittings room, the chairman of the sittings shall announce a break.

(3) On the entire period of application of the sanction of interdiction to participate at plenary sittings, the MP shall have his allowance stipulated in the art. 26 par.(1) from the Law on the statute of the Member of the Parliament suspended.

(4) The sanction of interdiction to participate at the plenary sittings can be lifted by the Parliament any moment, at the proposal of the Chairman of the Parliament, of a parliamentary faction, or at the written or public request of the sanctioned MP, by which he shall express his regret for the committed acts and agree to respect the Regulation and the order of the sittings.

[Art.139(1201) introduced by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 140(121). Application of the sanctions during the sittings of the committees by their chairmen

(1) In order to maintain the order during the sittings of committees, their chairpersons are vested with the rights similar to the chairperson of the sitting and may apply the sanctions stipulated in art. 133, par.(1) let. a)-c).

(2) The sanctions that have been applied to the MPs during the sittings of the committees shall be transcribed into the minutes of the sitting.

[Art.140(121) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter 12(9)

APPARATUS OF THE PARLIAMENT

Article 141(122). Apparatus of the Parliament

(1) The logistic, informational and technical activity of the Parliament, of the Standing Bureau, of Standing committees, parliamentary factions and the MPs is ensured by the Apparatus of the Parliament, which is lead by the General Director.

(2) The Apparatus of the Parliament activates on the basis and in accordance with the present Regulation, with the regulation of the Apparatus of the Parliament, adopted through a Decision of the Parliament, in accordance with other legislative acts and internal regulations. The organizational structure, personnel chart and specific conditions of remuneration for the personnel of the Apparatus of the Parliament shall be approved through a Decision of the Parliament, at the proposal of the Standing Bureau.

(3) The Director General of the Apparatus of the Parliament shall be appointed by the Chairman of the Parliament, with prior consulting of the opinion of the Standing Bureau and accompanied by an advisory note of the Legal Committee for appointments and immunities. The Director General shall be assisted by his/her MPs, to whom a part of his/her duties could be delegated.

(4) While in the office, the Director General shall have the duty to ensure the well-functioning of the working bodies of the Parliament, to hire and dismiss the personnel of the Apparatus of the Parliament, with the exception of the persons whose appointment is within the competence of the Chairman of the Parliament.

(5) In order to inform the public about the activity of the Parliament, the Apparatus of the Parliament shall maintain the webpage of the Parliament, where information regarding the structure and activity of the Parliament, the agendas of the plenary sittings, draft legislation and legislative proposals of the Parliament shall be displayed.

[Art.141(122) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

[Art.141(122) completed by the Law No.153-XV from 17.05.2001]

Article 142(123). Remuneration of the experts that participate at the works of the Parliament or of the parliamentary committees

When the Parliament, in accordance with the art. 16 pf the Law No.780-XV from 27 December 2001 regarding the legislative acts, establishes working groups for elaboration of some draft laws, the persons invited and delegated, at the decision of the Chairman of the Parliament, may be remunerated from the Social fund for elaboration of the legislative acts, established in accordance with the art. 60 of the aforementioned law.

[Art.142(123) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter13(10)

THE PRESIDENT OF THE REPUBLIC OF MOLDOVA, THE GOVERNMENT

Article 143(124). Election of and taking over of the office by the President of the Republic of Moldova

(1) The President of the Republic of Moldova shall be elected in accordance with the provisions of the art. 78 from the Constitution and of the Law No.1234-XIV from 22 September 2000 regarding the procedure of election of the President of the Republic of Moldova.

(2) Taking over of the office by the newly elected President of the Republic of Moldova shall be performed within a solemn sitting of the Parliament.

(3) The sitting shall take place under the leadership of the Chairman of the Parliament and with the presence of the candidate whose election has been validated by the Constitutional Court.

[Art.143(124) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 144(125). The validation of the mandate and taking of the oath by the President of the Republic of Moldova

(1) During the solemn sitting of the Parliament the Chairman of the Constitutional Court shall read aloud the decision of the Constitutional Court regarding the confirmation of the results of election of the President of the Republic of Moldova and validation of his mandate.

(2) After the reading of the decision the Chairman of the Constitutional Court shall pronounce the President of the Republic of Moldova elected.

(3) The President of the Republic of Moldova shall take an oath in accordance with the Constitution.

[Art.144(125) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 145(126). Cessation of the powers of the Government

(1) After the legal establishment of the Parliament, the election of the President of the Republic of Moldova, the establishment of the Standing Bureau and Standing committees, the Parliament shall hear the report of the Prime-Minister and accept the cessation by the Government of its duties.

(2) The Government that has its duties terminated in accordance with the par. (1), shall carry out only the functions of administration of the public matters, up to the issuing of the vote of trust to the new list of members of the Government.

[Art.145(126) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 146(127). Nomination of a candidate for Prime-Minister

(1) After consulting with the parliamentary majority, the President of the Republic of Moldova shall nominate a candidate for Prime-Minister.

(2) The candidate for Prime-Minister shall request, within 15 days from nomination, the issuance of the vote of trust of the Parliament regarding the activity program and the entire list of the members of the Government.

[Art.146(127) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 147(128). Issuing of the vote of trust to the Government

(1) The program of activity of the Government shall be examined in a parliamentary sitting, in accordance with the provisions of the art.47-57.

(2) The list of the Government shall be examined by the Parliament in accordance with the provisions of the art art.92 par.(2) and (3).

(3) The Parliament issues the vote of trust to the Government with the majority vote of the elected MPs.

[Art.147(128) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Chapter14(11)

FINAL PROVISIONS

Article 148(129).  The State Registry of the acts of the Parliament of the Republic of Moldova

Each act (law, decision or motion) adopted by the Parliament shall be registered in the State Registry of the acts of the Parliament of the Republic of Moldova in accordance with the provisions of the Law on legislative acts.

[Art.148(129) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 149(130). Storing of the Parliament’s acts into the archive of the Parliament

The laws, decisions, other acts and documents of the Parliament, of the Standing Bureau, parliamentary and other committees, as well as of the committees of the Apparatus of the Parliament shall be deposited in the archive of the Parliament in accordance with the established procedure, as stipulated in the Registry of files, approved by the Standing Bureau.

[Art.149(130) amended by the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

Article 150(131). Approval of the annual budget of the Parliament

(1) The Parliament shall approve its own annual budget for the next budgetary year until 1 July of the current year, preceded by a substantiation note from the Government.

(2) The budget adopted by the Parliament shall be brought to the knowledge of the Government and the Minister of Finance, which shall insert it into the draft law of the state budget for the next year.

(3) The annual budget of the Parliament may include various financial resources for the ensuring of the activity of the Parliament, of the Deputy Chairmen of the Parliament, of the parliamentary factions and of the standing committees.

(4) The budget of the Parliament’s Apparatus is an integrant part of the budget of the Parliament.

(5) The financial activity of the Parliament’s Apparatus shall be established by its Regulation.

[Art.150(131) in the redaction of the Law No.430-XVI from 27.12.2006, in force since 23.03.2007]

__________
Laws of the Republic of Moldova
797/02.04.96 Law for adoption of the Regulation of the Parliament //Official Gazette 81-82/765, 19.12.1996