MPs group contests Moldovan parliament's decisions at top court

Chisinau, 4 December /MOLDPRES/ - A parliament decision on abrogation of the document on appointing the leadership of the Moldovan Energy Regulatory Agency (ANRE) has been contested at the Constitutional Court (CC). Lawmakers Andrian Candu, Sergiu Sirbu and Stefan Creanga signed the notification, the parliament's communication and public relations department has reported.   

The MPs demand that CC urgently considers the notification, as well as suspends the rule of the decision till its examination. 

"We consider that, by the adoption of the Parliament Decision No 224 from 3 December 2015, the parliament exceeded its constitutional authority, thus defying the Fundamental Law. The decision's authors used a "juridical artifice" by the so-called abrogation of the acts on appointing, which, in our opinion, represents an absurdity and an unlawful act," the notification says. 

The authors specify that, when the decision was voted in parliament, the existence or inexistence of legal grounds for the dismissal of ANRE directors from office was not considered. "We ascertain that the ANRE directors are holding the appointment for life, and the authority in charge of nominating is obliged to observe their independence, otherwise the essence and significance of the mandate is diminished. The position of director of the ANRE Administrative Board is not a political office, but a public post, representing a special public interest," the document also says.   

The notification submitted to the Constitutional Court also says that the parliament directly and indirectly defied the Constitution by the adoption of the concerned decision. "The beheading of such an institution as ANRE, in the full swing of the heating season, leaves an extremely important sector uncovered, without control and efficient management, especially as under recent legislative regulations, this institution is obliged to revise the gas rates and exercise other legal powers of major importance within 15 days at the latest. The remaining without the leadership of such an institution for an indefinite period may bring unpredictable damage and extremely negative consequences for the country's economy, given that nobody else can exercise the interim of the office of the ANRE director," the notification also says. 

Also today, the European Energy Community described the parliament's decision on ANRE as political pressure, aimed against the independence of the institution. According to the Energy Community, the parliament's actions discredit an institution, the powers of which and independence are of major importance for ensuring the performance and transparency of the country's energy sector, and even the commitments of reform taken by Moldova are thus brought into question. 

Yesterday, on 3 December 2015, the Moldovan parliament passed the Decision No 224 on abrogation of the parliament's decisions concerning the nomination of the directors of the Administrative Board of the National Energy regulatory Agency. Under this decision, the legislative body abrogated the parliament decision No 182 from 12 July 2013 on nomination of directors of the Administrative Board of the National Energy Regulatory Agency and the parliament decision no 340 from 24 December 2013 on nomination of directors of the Administrative Board of the National Energy Regulatory  Agency. The decision was voted by 50 MPs of the 63 ones present in the session hall. 

(Editor L. Alcaza)