Legal Commentaries
Parliament Activity Review October 21-25, 2002
October 28, 2002
Last week the Parliament proceeded to the examination of the draft law on the state budget for the year 2003 and draft laws amending or completing the legal acts enforcing the state budget for the next year. Other legal acts are presented as follows.
Legal acts adopted in the final reading
I. Law on Public Services and Communal Husbandry.
ADEPT comment: The relevant law establishes a single and unitary legal framework regulating the set up and operation of communal husbandry entities in administrative-territorial units, overseeing and control over their activities. The Law includes provisions on: types of communal husbandry public services; set up and operation of the public services; right to benefit of the services provided; funding and investments; responsibilities of the local public administration with regard to communal husbandry services, etc.
The main goal of the draft law is to establish an order in the field, as the relevant sector wasn't adequate and appropriate to the needs of the time, thus communal husbandry was first decentralized, however its normal functioning wasn't ensured. Upon enforcement the law will allow the development of communal infrastructure and locality planning.
The draft law was significantly improved as compared to the draft adopted in the first reading. However, the greatest challenge is the enforcement of the law since there is no order in the field and the reconstruction is very expensive and very few communities could afford it.
II. Law on Ratification of World Labor Organization Conventions.
ADEPT comment: Under the law the following Conventions were ratified: 1. WLO Convention on the agriculture workers' right to for associate in coalitions; 2. WLO Convention on estimating the minimal wage in agriculture; 3. WLO Convention on paid vacations for agriculture workers; 4. WLO Convention on work security; 5. WLO Convention on rural workers organizations and their role in economic and social development.
III. Resolution on priority fields of scientific research in 2003 - 2010.
ADEPT comment: The following are the top priorities of research in the next seven years:
- Mathematics, real science, technical, social and humanity studies;
- Anthropology and health;
- Socio-economic development through innovation and know-how;
- High-tech;
- Energy systems, alternative energy sources, efficient use of energy sources;
- IT, communications;
- Ecosystems, bio-diversity, rational use of natural resources;
- Historic and cultural patrimony.
Under the resolution only the aforesaid priorities shall be funded. Experts claim this may result in lack of funds allotted to other fields of science, which in its turn could lead to a regression of those fields of study.
IV. Law on completing Article 20 of the Fiscal Code.
ADEPT comment: The amendment exempts farms of the 5% income tax due on the income accrued from participation in the opinion polls conducted by the statistic bodies.
Legal acts examined and adopted in the first reading (not final)
Two of the legal acts adopted in the first reading are of major importance, namely:
I. Draft law on the state budget for year 2003.
ADEPT comment: The Parliament adopted in the second reading the concept of the state budget for the next year. The major budget lines are as follows:
- Revenues - 39,996 million Lei;
- Expenditures - 42,006 million Lei;
- Deficit - 201 million Lei.
Later on, each budget items shall be considered separately. Then it would be clear which organization was more successful in lobbying its interests.
II. Draft law on modification and completion of legal acts related to the enforcement of the Law on State Budget for Year 2003.
ADEPT comment: Under the draft passed in the first reading more than 20 legal acts are to be amended, namely: Code on Administrative Offence; Law on Police, Law on Entrepreneurship and Enterprises; Law on Rent; Law on Education, Law on Road Fund; Law on Penitentiary System; Law on Joint Stock Ventures; Customs Code, Fiscal Code, etc.
The modifications refer to introduction of provisions in the said laws, which previously were included in the Law on State Budget, as well as to the exclusion of provisions on budget lines not to be covered, or covered from different sources in the next year.
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