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Parliamentary Advocates Law on Parliamentary Advocates WHEREAS the Republic of Moldova has confirmed its adherence to the Universal Declaration on Human Rights and other international legal instruments on human rights; WHEREAS in conformity with the UN Charter the state has the responsibility to promote the respect for and compliance with the human rights and freedoms; WHEREAS there exists the need for the guarantee of the right of the residents of the Republic of Moldova to the protection of their constitutional rights and freedoms, the Parliament is adopting this Law. Chapter 1 THE STATUTE OF THE PARLIAMENTARY ADVOCATES. NOMINATION AND REMOVAL FROM POSITION
Article 1. - The activity of the parliamentary advocates is guaranteeing the observance of the citizens' constitutional rights and freedoms by the central and local public administration bodies, institutions, organisations and enterprises irrespective of the type of ownership, public associations, as well as officials of all levels. Article 2. - The Parliamentary Advocates contribute to the redress of the citizens' infringed rights, to the improvement of the legislation in the area of human rights protection, to the legal instruction of the population, applying the means stipulated in this Law. Article 3. - Any citizen of the Republic of Moldova over 35 years of age with higher legal education and knowledge in the area of human rights and freedoms protection who enjoy prestige in the society may be appointed as a Parliamentary Advocate. Article 4. - The Parliament appoints three Parliamentary Advocates, which have equal rights and tasks. Article 5. (1) The parliamentary advocates are nominated with majority of votes of the elected parliamentarians. (2) The proposals regarding candidates for Parliamentary Advocates positions are moved in the Parliament by the President of the Republic of Moldova, by a group of no less than 20 parliamentarians, and by the Government within one month before the authority of the previous Parliamentary Advocates ends. (3) For each of the candidates a reference of the Parliamentary Committee on Human Rights and National Minorities should be provided to the Parliament. Article 6. (1) The Parliamentary Advocates are appointed for a five year term. (2) A person cannot serve more than two terms of service as Parliamentary Advocate. (3) In case of death or removal from office of a Parliamentary Advocate according to Article 9 of this Law, a new Parliamentary Advocate is appointed. Article 7. (1) Upon the appointment, the Parliamentary Advocates are sworn in to the Parliament, taking the following oath: "I take over the responsibility to honestly and fairly carry out the duties of Parliamentary Advocate, to protect human rights and freedoms having as guidance the Constitution, the Laws of the Republic of Moldova and the international legal documents on human rights to which the Republic of Moldova is a part". (2) The Parliamentary Advocate comes into authority from the moment of taking the oath. Article 8. (1) The Parliamentary Advocate has no right to hold any elected position or any position in public administration bodies, neither to perform any paid job, except for the teaching positions and scientific work. (2) The Parliamentary Advocate has no right to run any political activity or to be a member of any party or any other social-political organisation. (3) Within ten days of taking the oath the Parliamentary Advocate will cease any activity contradicting his/her statute as well as suspend any membership in a party or another social-political organisation. Article 9. (1) The Parliamentary Advocate may be removed from position prior to the end of service term in case of a vote of no confidence by two thirds of the elected parliamentarians. (2) The proposal regarding a vote of no confidence can be moved by the President of the Republic of Moldova, either a group of no less than 20 parliamentarians. The Parliamentary Committee on Human Rights and National Minorities offers a report to the Parliament regarding the submitted proposal. (3) The Parliamentary Advocate will also be removed from position in the following cases: a) on his/her own free will; b) on reaching the retirement age; c) at the end of a first authority term if not elected for a second one; d) in case of a long-term sickness (longer than four consecutive months) interfering with his/her performing the functions; e) a court order regarding him/her being substantiated. (4) The decision regarding removal from position prior to the end of service term in cases provided in passage (3) is adopted by the Parliament with the majority of votes of the parliamentarians present at the session. Article 10. (1) In fulfilling their duties, the Parliamentary Advocates are guided by the Constitution, this Law, other Laws of the Republic of Moldova as well as the Universal Declaration on Human Rights, international treaties and other agreements, to which the Republic of Moldova is a party. (2) If a contradiction exists between the treaties, agreements on the main human rights, to which the Republic of Moldova is a party, and its internal legislation, the international norms will have priority. Article 11. (1) When performing their duties the Parliamentary Advocates are independent of the parliamentarians, President of the Republic of Moldova, central and local public administration bodies and officials of all levels. (2) The activity of the Parliamentary Advocates is based on principles of legality and transparency according to their conscience. (3) Along with the additional personnel the Parliamentary Advocates form an independent institution - the Centre for Human Rights. Article 12. (1) The personality of Parliamentary Advocate is inviolable for the whole period of authority. (2) Inviolability of Parliamentary Advocates also extends to their residence, offices, transportation and communication means, correspondence, documents and personal property. (3) The Parliamentary Advocates cannot be convicted by criminal or administrative
court, cannot be confined, arrested, searched, their property cannot be
searched without prior consent of the Parliament, except in case of arrest
on the scene of crime. Chapter II TASKS OF THE PARLIAMENTARY ADVOCATES Article 13. - The Parliamentary Advocates consider the complaints of the citizens of the Republic of Moldova, of foreign citizens and stateless persons permanently or temporary residing in its territory (hereinafter referred to as complainants), whose rights and lawful interests have been infringed in the Republic of Moldova. Article 14. (1) Complaints should be submitted to the Parliamentary Advocate in a written form in the state language or in another language in conformity with the Law on Languages Functioning on the Territory of the Republic of Moldova. (2) Complaints sent to a Parliamentary Advocate are not subject to any state fee. The Parliamentary Advocates also consider complaints passed to them by the parliamentarians, if they are within their competence. Article 15. - The Parliamentary Advocates consider complaints regarding decisions or actions (or lack thereof) by the local and central public administration bodies, institutions, organisations or enterprises irrespective to the type of ownership, by public organisations and officials of all levels, in the Complainant's opinion having infringed his/her constitutional rights and freedoms. Article 16. - The Parliamentary Advocates should neither consider complaints regarding Laws and Decisions approved by the Parliament, Decrees of the President of the Republic of Moldova, decisions and orders of the Government, nor complaints to be considered by criminal or civil courts, administrative and labour courts. Article 17. - The complaint may be submitted to a Parliamentary Advocate no later than within one year since the assumed constitutional right or freedom infringement or since the date when the infringement became known to the Complainant. Article 18. (1) The complaint will be signed by the petitioner, and will comprise his/her family name, first name (first name and father's name), and place of residence. The complaint not indicating such data is regarded as being anonymous and is not a subject to consideration. Article 19. - The complaint addressed to the Parliamentary Advocate by a person serving a term in a penitentiary institution will not be checked by the administration of the penitentiary and will be sent to the addressee within 24 hours since its receipt. Article 20. (1) Upon receipt of the complaint the Parliamentary Advocate has the right to: a) accept the complaint for consideration; b) return the complaint to the Complainant with due explanation of the ways and means for his/her rights and freedoms protection; c) pass the complaint to the respective institutions for examination, according to the Law of the Republic of Moldova "On Submission of Petitions"; d) reject the complaint. (2) The Parliamentary Advocate will notify the Complainant about his/her decision within ten days. (3) The rejection of the complaint must be accompanied by reasons and is not a subject to appeal. (4) The complaint resubmitted for consideration will be accepted only if new circumstances have been discovered. Article 21. 1) In case of reliable information regarding serious or widespread infringement of citizens' constitutional rights or freedoms, in case of infringement with a high social significance, or when necessary to protect the interests of persons unable to use on their own legal means for protection, the Parliamentary Advocate has the right to act on his/her own initiative and undertake measures within his/her authority. (2) The Parliamentary Advocate has the right to start a lawsuit by his/her own initiative based on traced out facts regarding infringement of human rights and freedoms. Article 22. (1) After accepting a petition for consideration, the Parliamentary Advocate has the right to apply to the respective bodies and officials for assistance in organising the verification of the circumstances needing elucidation. (2) The verification will not be delegated to the body or official, whose action (or lack thereof) is appealed. Article 23. (1) The Parliamentary Advocate, acting as an intermediary, undertakes all possible actions to resolve the complaints by reconciliation of parties and by searching a mutually acceptable solution. (2) The reconciliation may take place at any stage of consideration process of the complaint and by mutual consent of parties may result into the signing of the respective agreement. (3) The reconciliation of parties serves as a ground for the cessation of considering the complaint. Article 24. - When examining a complaint the Parliamentary Advocate has the right to: a) freely visit all the central and local public administration bodies, attend their sessions, including sessions of their collegiate bodies; b) freely visit institutions, organisations and enterprises, irrespective of type of ownership, military units, penitentiaries; c) require and obtain from central and local public administration bodies and officials data, documents and materials necessary for the examination of the complaint; d) receive explanations from officials regarding issues to be elucidated in the course of the complaint examination; e) delegate to the respective state agencies the performance of expert investigations and preparation of reports in issues needing elucidation in the course of complaint examination. Article 25. (1) The Parliamentary Advocate during his/her services has the priority right to be received by managers and officers of central and local public administration bodies, of legal institutions, enterprises, institutions and organisations, irrespective of their type of ownership, non-governmental organisations, military units and penitentiaries. (2) The officials at all levels have the responsibility to supply to the Parliamentary Advocate all the materials and documents required by him/her, as well as any other information necessary for exercising his/her authority within ten days of the date of the request receipt, if the request does not state otherwise. Article 26. (1) The Parliamentary Advocate has the responsibility: a) to be correct and attentive in his/her relationships with the Complainants; b) not to disclose the state classified information and other data protected by law; c) not to disclose confidential information, as well as personal data of the Complainant, which has become known to him/her in the course of examining the complaint; d) to refrain from any action incompatible with the position of Parliamentary Advocate. (2) The violation of the responsibilities mentioned in passage (1) may serve as ground for voting mistrust to the Parliamentary Advocate. Article 27. (1) Upon stating the Petitioner's rights infringement, the Parliamentary Advocate will send to the respective body or person, whose decisions or actions (or lack thereof), in his/her opinion, have led to the infringement of the constitutional rights and freedoms, his/her report, comprising recommendations regarding immediate actions to be undertaken for the effective redress of the infringed rights and freedoms, and will notify the Complainant on this. (2) The respective body or person in charge has the responsibility to examine the report and notify the Parliamentary Advocate in writing about the actions undertaken within one month. Article 28. (1) Based on the results of complaint examination the Parliamentary Advocate has also the right to: a) apply to court with a statement defending the interests of the Complainant, whose constitutional rights and freedoms have been infringed; b) apply to the respective bodies with the requirement for initiating a disciplinary or administrative action or an action in criminal court in respect to the official who has admitted the action resulting in significant infringement of human rights and freedoms; c) notify the respective officials or civil servants at all levels about the neglect of duties, unethical conduct in performing the duties, procrastination and bureaucracy. (2) The Parliamentary Advocate will acknowledge the Petitioner about the actions undertaken according to passage ( 1 ). (3) If stated that the facts described in the complaint are not true and no infringement of constitutional rights and freedoms has taken place, the Parliamentary Advocate will take a decision to reject the complaint. (4) The decision regarding complaint rejection is not subject to appeal. Article 29. - Based on the results of investigating the data on citizens constitutional rights and freedoms infringement and based on the general conclusions attained through the examination of the complaints, the Parliamentary Advocate has the right to: a) apply to the Parliament with suggestions for improving the effective legislation of the Republic of Moldova in the area of human rights and freedoms; b) submit to public administration bodies the conclusions reached and general comments regarding the guarantee of constitutional rights and freedoms observance, improvement of the administrative activity. Article 30. (1) When facts have been stated regarding serious or widespread infringements of human constitutional rights and freedoms, the Parliamentary Advocate has the right to make a report in a session of the Parliament and to suggest the setting up of a Parliamentary Commission for the investigation of these facts. (2) The Parliamentary Advocates have the right to attend and take the floor in the sessions of the Parliament and Government. Article 31. - The Parliamentary Advocates have the right to apply to the Constitutional Court with requests for a decision /opinion/ concerning the constitutionality of laws and resolutions of the Parliament, Decrees of the President of the Republic of Moldova, decisions and orders of the Government, their compliance with the generally accepted principles and international laws in the area of human rights. Article 32. - Interference in the work of the Parliamentary Advocates with a view to influencing their decisions in respect to specific complaints, the intentional ignoring by officials and civil servants of the requirements and recommendations of the Parliamentary Advocates, as well as hindrances in their activity in any form will call for responsibility in conformity with the effective legislation. Article 33. (1) The Parliamentary Advocates organise public education and information in the field of protection of human constitutional rights and freedoms. (2) To this end the Parliamentary Advocates prepare and disseminate among the population informational materials regarding human rights, co-operate with non-governmental associations and organisations dealing with human rights protection in the country and abroad and with representatives of mass media. Article 34. (1) At the beginning of every year, before January 20, the Centre for Human Rights submits to the Parliament a report on the observance of human rights in the Republic of Moldova over the previous year. (2) At the same time, the Parliamentary Committee on Human Rights and National Minorities should present for discussion a report on the activity of the Centre for Human Rights and proposals for the improvement of its work. (3) The annual reports of the Centre for Human Rights
to the Parliament are subject to publication in "Monitorul Official
al Republicii Moldova" (Official Monitor of the Republic of Moldova). Chapter III THE CENTRE FOR HUMAN RIGHTS. PROCEDURE OF ITS ORGANISATION AND ACTIVITY Article 35. (1) The Centre for Human Rights is a legal entity with its own seal and letterhead with its name and the image of the State Emblem of the Republic of Moldova. (2) The staff of the Institution performs the organisational, informational, reference, scientific, analytical and other support of the activity of the Parliamentary Advocates. (3) The Resolution regulating the organisational chart, personnel and funding of the Centre for Human Rights, is approved by the Parliament. Article 36. (1) The Director of the Centre for Human Rights is appointed by the Parliament from within the Parliamentary Advocates at the proposal of the Chairman of the Parliament. (2) At the proposal of other Parliamentary Advocates the Director of the Centre for Human Rights hires and dismisses Parliamentary Advocates' assistants and other staff of the institution, supervises their work, organises the preparation of the annual reports, represents the Institution in the country and abroad. (3) In case, when the Director of the Centre for Human Rights is absent, he/she is replaced by the oldest of the Parliamentary Advocates. Article 37. (1) Regarding the issues of compensation, medical, social security and other types of benefits, the Parliamentary Advocates are applied provisions that are applicable for the Judges of the Supreme Court of Justice. (2) The Centre for Human Rights has its own budget, which should be incorporated in the state budget. (3) The draft budget of the Centre for Human Rights with a preliminary evaluation of the Ministry of Finance is approved by the Parliament along with the state budget. Article 38. (1) The Parliamentary Advocates receive visitors according to a procedure set up by them no less than three times per month. (2) The personal reception by the Parliamentary Advocates is performed in Teisan and in other cities of the Republic of Moldova according to an established schedule. Article 39. - In order to render consulting assistance for the Parliamentary Advocates, an Experts' Council may be created by the Centre for Human Rights composed of specialists in the area of constitutional human rights and freedoms. Article 40. - (1) The Centre for Human Rights will have a permanent voice in Chisinau. (2) Branches of the Centre for Human Rights may be established in other
municipalities and towns. Chapter IV FINAL AND TRANSITIONAL PROVISIONS Article 41. - Within three months of the approval of this law the Government should submit to the Parliament: - proposals for bringing the effective legislation in compliance with this Law; - a draft Resolution regarding the organisational chart, staff and funding of the Centre for Human Rights. Article 42. - The Centre for Human Rights will be created within three months of the date of this Law coming into effect. Article 43. This Law becomes effective on the date of its publication. REGULATIONS on the Centre for Human Rights Annex 1 to the Parliament's Decree NR. 1484-XIII of February 5, 1998 I. General Provisions 1. The Centre for Human Rights, hereinafter referred as the Centre, is established in accordance with the Law no. 1349-XIII of October 17, 1997 on parliamentary advocates. 2. The Centre is an independent state institution composed of parliamentary advocates appointed by the Parliament, as well as of servants, who provide organisational, informational, scientific-analytical, economic-financial and other support to the activity of the parliamentary advocates. 3. The Centre is a juridical person with its own budget, which is incorporated in the state budget. 4. The Centre has its own seal and letterhead with its name and the image of the State Emblem of the Republic of Moldova. 5. The Centre will have a permanent address in the Chisinau
municipality. II. Main tasks and functions of the Centre 6. The main tasks of the Centre are provision of the parliamentary advocates' activity with a view of guaranteeing the observance of the citizens' constitutional rights and freedoms in the Republic of Moldova by the central and local public authorities, institutions, organisations and enterprises irrespective of the type of ownership, public associations and responsible officials of all levels, of improving the legislation in the field of protection of human rights, of training population in legal aspects. 7. To implement its tasks, the Centre will: a) examine the complaints of citizens whose rights and legal interests have been violated, check up on information both about infringement of human rights and freedoms and separate cases of prejudices of human rights of special social importance; b) based upon data analysis regarding infringement of constitutional human rights and freedoms, prepare and submit to the central and local authorities objections and general proposals pertaining to provision of constitutional human rights and freedoms, to improvement of the management and administrative apparatus' activity; c) disseminate informative materials on human rights issues among population of the country; d) co-operate with mass-media as well as with the non-governmental associations and organisations working the field of human rights protection in the country and abroad. 8. To implement its functions, the Centre co-operates in the established order with the central and local public authorities and public associations. 9. The Centre presents to the Parliament an annual report on observance of human rights in the Republic of Moldova, which is published in "Monitorul official" of the Republic of Moldova. 10. In its activities, the Centre is guided by the Constitution, the
Law on parliamentary advocates, other laws of the Republic of Moldova,
the present regulations, as well as the Universal Declaration on Human
Rights, other pacts and agreements, to which the Republic of Moldova is
a party. III. Structure of the Centre 11. The Centre is composed of three parliamentary advocates, their deputies and other officers. The structure and number of personnel of the Centre are approved by the Parliament. 12. The Centre includes: - department of complaints and legal analysis; - department of information, public relations and training programmes; - administrative and financial department. For implementation of certain projects pertaining to protection of human rights provisional working groups can be established involving other specialists. 13. The Centre is conducted by the director appointed by the Parliament out of the parliamentary advocates on the proposal of the Chairman of the Parliament. 14. The collaborators of the Centre get service identification card, the model of which is approved by the Parliament. IV. Clerical activities
15. The parliamentary advocates consider the complaints of the citizens of the Republic of Moldova, of foreign citizens and stateless persons permanently or temporary residing in its territory, whose rights and legal interests have been infringed in the Republic of Moldova. 16. According to the decision jointly adopted, the parliamentary advocates can specialise in the process of complaints handling by separate aspects of law. 17. The Director of the Centre can delegate the handling of a complaint to any parliamentary advocate. 18. The parliamentary advocates can delegate to their deputies fulfilment of certain activities pertaining to complaints' handling. 19. A separate procedure is open for each complaint accepted for consideration according to the valid normative documents in this filed. 20. All complaints are registered. The petitioner is acknowledged on the decisions adopted regarding complaint in the order established by the Law on parliamentary advocates. 21. The complains submitted in written form are considered. In case of an oral complaint the petitioner is advised to put it in written form. 22. The anonymous complaints are not considered, but are registered and kept in the order established. V. Reception of petitioners 23. Reception of petitioners takes place daily in the premises of the Centre. Each parliamentary advocate receives petitioners at least three times per month. In other days, the deputies of the parliamentary advocates receive the petitioners. 24. Reception of petitioners by the parliamentary advocates and their deputies is registered in the order established. 25.The parliament advocates agree in advance upon the time and place of the meeting with the petitioner. The reception schedule is acknowledged to the population through mass-media. 26. The issues related to reception of petitioners in
other municipalities and cities are co-ordinated with the local public
administration. VI. Director of the Centre 27. The Director of the Centre, besides carrying out the duties of a parliamentary advocate, fulfils the following functions: a) manage the activity of the Centre and represent it in the country and abroad; b) hire and dismiss, on the proposal of other parliamentary advocates, the employees of the Centre; c) supervise the activity of the Centre's employees and take decisions to improve its activities; d) set up salary rates for servants in accordance with the provisions of the law on public service, solve problems related to fixing a rise in wages and payment of premiums; e) give annual leave to the employees of the Centre; f) apply disciplinary sanctions to the employees of the Centre; g) solve matters regarding improvement of professional qualification, probation work and official trips of the employees of the Centre; h) organise preparation of annual reports of the Centre. 28. The director of the Centre carries out his functions by issuing orders and dispositions. VII. Preparation of annual reports
30. The parliamentary advocates prepare and present to the director of the Centre the information on their activities in the past year up to December 20. Based upon generalised information, a draft annual report is approved, which contains data about the most essential violations of human rights and freedoms in the field of social relations, about the causes of these infringements and measures undertaken to remove them, about the actions pertaining to improvement of legislation in the field of protection of human rights and legal training of the population of the country carried out by the Centre. 31. The report is signed and presented on of the Parliament's meeting
by the director of the Centre. VIII. Educational activity 32. The parliamentary advocates co-operate with mass media, presenting them information on cases of violation of human rights, actions of the responsible officers, who committed these infringements, publish materials on this topic in the press, have speeches on radio and TV. 33. The parliamentary advocates participate at the conferences, seminars, simposia, and other meetings on protection of human rights, which take place in the country and abroad, presenting in their framework reports and communiques about issues discussed. 34. The collaborators of the centre prepare informative materials, including audio-visual materials on protection of human rights (guidelines, brochures, bulletins, leaflets, etc) to be disseminated among population. 35. Within the Centre, an expert council can be established composed of specialists in the field of constitutional human rights and freedoms, who will render consultative assistance to the parliamentary advocates. The composition of the council is approved by the Director of the Centre. IX. Final provisions
37. The present Regulations can be modified and completed by the decree of the Parliament.
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