(RU) Руководство для неправительственных организаций по участию в законодательном процессе
[embeddoc url="https://old2.old.crjm.org/wp-content/uploads/2021/03/2020-11-ghid-proc-legisl-web-RU.pdf"]
Tag: parlamentul republicii moldova
The Moldovan National Platform of the Eastern Partnership Civil Society Forum asks for the adoption without delay of the draft law on noncommercial organizations in the final reading
The Moldovan National Platform of the Eastern Partnership Civil Society Forum (NP EPCSF) calls on the Parliament to adopt without delay the Draft law on noncommercial organizations in the final reading, in version approved by the parliamentary Committee for Legal Matters, Appointments, and Immunities on 28 May 2020 with its immediate entry into force.
The member-organizations of the NP EPCSF welcome the endorsement of Draft Law No. 109 by the parliamentary Commission for Legal Matters, Appointments, and Immunities for the final reading and that it was not complemented with provisions that can hinder SCOs’ work. Thus, the draft law can be adopted in the final reading and since no additional actions are required for the enactment of Draft Law No. 109, it can come into force under the general rule - one month after its publication in the Official Gazette.
Draft Law No. 109 on noncommercial organizations was registered in Parliament on 3 April 2018. It was prepared by a working group—which included civil society representatives—set up by the Ministry of Justice in 2016. The draft law passed repeated public consultation initiated by the Ministry of Justice, which resulted in its refinement, and has all required endorsements. In its current version, the draft law transposes the best practices and standards concerning freedom of association recommended by the Venice Commission and the OSCE/ODIHR. The draft law passed its first reading in Parliament on 3 May 2018. On 28 May 2020, the parliamentary Committee for Legal Matters, Appointments, and Immunities proposed the adoption of the draft law in the final reading.
The draft law simplifies the registration of noncommercial organizations, provides for their free registration, and removes the rigid internal organization structure imposed on them by current laws. The draft law limits the authorities’ possibilities for exerting pressure on noncommercial organizations and excludes unjustified limitations on the foundation of noncommercial organizations by persons from certain categories. The draft law completely prohibits noncommercial organizations from supporting election candidates and sets clear limits on the relationship between nonprofits and political parties. The draft law also establishes the legal framework concerning the government financing or support for noncommercial organizations —a field that has been insufficiently regulated by current laws. In addition, it addresses the legal gaps concerning the establishment of noncommercial organizations that appeared as a result of the 2019 amendment of the Civil Code. It does not require the repeated registration of noncommercial organizations and does not restrict foreign funding for them.
Earlier, many civil society organizations (CSOs) requested that Parliament pass Draft Law No. 109 (public appeal of 3 March 2020 signed by more than 20 SCOs and public appeal of 30 April 2020 signed by more than 40 SCOs).
The National Platform of the Eastern Partnership Civil Society Forum was established in 2011 and currently has 84 members, of which 6 are umbrella organizations for other 255 organizations. The mission of the Platform is to strengthen the European integration and democratic development of the Republic of Moldova and to contribute to advocacy and monitoring for the implementation of the EU – RM Association Agreement and other documents applicable to the Eastern Partnership and the EU – RM relationship.
The Public Appeal in English is available HERE.
The Public Appeal in Romanian is available HERE.
Council of Europe’s experts call on the Parliament of Moldova to pass Draft Law No. 109 on Non-Commercial Organizations
”The draft Law, if adopted in its current version, would be a welcome improvement on the current regulation of non-profit legal entities, creating a single instrument governing all types of them and addressing a number of existing problems for them”. This is the statement of the Council of Europe’s experts, Anna RURKA, President of the Conference of International Non-Governmental Organizations (INGOs) and Jeremy McBRIDE, President of the Expert Council on NGO Law. The experts launched today, 7 May 2020, a public call to the Parliament of the Republic of Moldova to pass Draft Law No. 109 on Non-Commercial Organizations (NCO).
The European experts highlight the provisions of the new draft law that would:
- Enable all individuals, whatever their citizenship or residence, to found and be members of associations, as well as to become their managers/leaders and members of their control bodies;
- Extend to all types of legal entities the possibility of establishing associations;
- Remove certain limitations on state officials belonging to associations or their control bodies; and
- Restrict the scope for state officials to interfere in the internal operation of associations.
The experts consider that the provisions of the draft Law are in line with the European standards on freedom of association and that their adoption would facilitate the free exercise of this right in the Republic of Moldova. Moreover, the adoption of the draft Law would serve as a good example for other countries in the region. The experts recall the importance underscored in Recommendation CM/Rec(2018)11 of the Committee of Ministers to all Council of Europe member States ensuring an enabling legal framework and a conducive political and public environment for civil society organisations.
The call was launched in the context of the finalization by the Commission for Legal Matters, Appointments and Immunities of the Parliament of the Republic of Moldova of draft Law No. 109 on Non-commercial organizations passed in the first reading in May 2018. The Call in English is available here: https://bit.ly/2Wb9TPP.
On 30 April 2020, more than 40 civil society organizations addressed a similar public appeal to Parliament, calling to pass the draft in the final reading, to bar any amendments that could impede nonprofits’ work, and to consult with civil society organizations about any proposed amendment to the draft law in a transparent and inclusive way.
Civil society organizations call on Parliament for real decision-making transparency in the process of finalizing the new law on non-profit
44 civil society organizations (CSOs) welcome Parliament's intention to finalize the draft law on non-profit organizations (NPO Law) and call for consultations to be conducted in a transparent manner and with the involvement of all relevant civil society organizations. In an appeal to Parliament on 30 April 2020, CSOs express the hope that, especially in the current COVID-19 pandemic, the authorities will demonstrate a proactive and inclusive approach, so that the opinions of all relevant CSOs from the perspective of expertise and the field of activity can be sent to the authorities within the established terms.
CSOs request Parliament to publish in real time the updated version of the draft law, the registered amendments, as well as all opinions, comments or objections submitted on the Parliament's webpage dedicated to the project; transparent and inclusive consultation of relevant CSOs that have been involved in the drafting of this law, regarding any proposed amendments to the draft (including members of the Consultative Platform of Civil Society Representatives to the Parliament of the Republic of Moldova, members of the National Platform of the Eastern Partnership Civil Society Forum); facilitating the online participation of CSOs and in particular of all members of the working group that contributed to the drafting of the bill, at the meeting of the Committee on Legal Matters, Appointments and Immunities at which the draft law will be discussed; and the immediate adoption in the final reading of the draft Law on NPO, keeping all the provisions related to freedom of expression, the possibility to promote public policies or to access external funds by non-profit organizations.
Adopted in the first reading almost two years ago, on 3 May 2018, the Draft Law on NPO comes to considerably improve the functioning framework of CSOs in terms of the creation, organization and operation of the CSOs. It simplifies the registration of non-profit organizations and removes the rigid internal organizational structure imposed by current legislation. The draft limits the possibilities for abusive pressure on non-profit organizations and excludes unjustified restrictions on the establishment of non-profit organizations by certain categories of persons. Regarding the political activity, the draft imposes an absolute ban on non-profit organizations to support candidates in elections and sets clear limits on the relationship between non-profit organizations and political parties. The draft also establishes framework legislation on state funding or support for non-profit organizations, an area that is insufficiently regulated by current legislation. It does not require the re-registration of non-profit organizations and does not limit their external funding.
On 3 March 2020, more than 20 CSOs addressed a similar appeal to Parliament, calling to pass the draft in the final reading, without admitting amendments that would hamper the work of non-profit organizations, and to consult the civil society organizations regarding any proposed amendments to the project in a transparent and inclusive manner.
On 15 April 2020, the Commission for Legal Matters, Appointments and Immunities of the Parliament of the Republic of Moldova sent a letter to civil society organizations requesting their opinion in order to finalize the draft law on non-profit organizations.
The adoption of the NPO Law is part of the National Action Plan on the implementation of the Association Agreement with the European Union 2017-2019. The project was developed by a working group created by the Ministry of Justice in March 2016, which also included representatives of civil society.
The Public Call in Romanian is available HERE.
The Public Call in English is available HERE.