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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 29, 2016 No. 353

About the Advisory board in case of the Government representative

Based on article 9 of the Law No. 151 of July 30, 2015 on the Government representative (The official monitor of the Republic of Moldova, 2015, No. 224-233, the Art. 455) the Government DECIDES:

1. Approve Regulations on the Advisory board in case of the Government representative it (is applied).

2. Declare invalid the Order of the Government No. 1041 of October 4, 2005. "About the Advisory board in case of the Government representative" (The official monitor of the Republic of Moldova, 2005, Art. No. 135-138, 1125).

Prime Minister

Paweê Phillip

Countersigns:

Minister of Justice

 

Vladimir Chebotar

Approved by the Order of the Government of the Republic of Moldova of March 29, 2016 No. 353

Regulations on the Advisory board in case of the Government representative

I. General provisions

1. This Provision establishes powers, structure, procedure for the organization and functioning of the Advisory board in case of the Government representative.

2. The advisory board in case of the Government representative (further – Council) is the collegiate organ created on a voluntary basis for providing proper representation of the Republic of Moldova in the European Court of Human Rights (further – European court) and execution of resolutions and decisions of European court.

3. In the activities Council is guided by the Convention on human rights protection and fundamental freedoms of November 4, 1950 (further – the Convention), the Law No. 151 of July 30, 2015 on the Government representative, and also this Provision.

II. Creation of Council and its structure

4. Are part of Council:

a) deputy minister of justice;

b) the chief of specialized division of central office of the Ministry of Justice who provides activities of the Government representative;

c) prosecutor, high councilor of prosecutors;

d) judge, high councilor of magistracy;

e) Deputy Minister of Finance;

f) deputy minister of internal affairs;

g) deputy director of the National anti-corruption center;

h) representative of the Congress of local authorities of Moldova;

i) university law professor;

j) persons who were earlier holding position of the Government representative;

k) the representative of public association which advances human rights.

5. Members of council are offered by the relevant organizations. In the cases provided in subitems i) - k) item 4 of this provision, the interested person who submitted the application in this respect to the Ministry of Justice owing to the announcement placed on the web page of the Ministry of Justice of the choice of members of council gets out. In case of several requests the Minister of Justice after consultations with the Government representative elects members of council.

6. The staff of Council affirms the order of the Minister of Justice.

7. The member of council performs the function on the basis of the mandate which term is not limited.

8. Membership in Council stops in the following cases:

a) resignation;

b) termination of the office relations.

9. In case of the termination of the office relations of the members of council specified in subitems a) – h) item 4 of this provision, the responsible organization delegates other member. In case when the vakantnost of function of the member of council followed resignation of the members specified in subitems i) – k) item 4 of this provision, are chosen other interested persons who submitted the application in this respect to the Ministry of Justice.

10. The Minister of Justice within 10 days issues the order on change of structure of Council.

III. Powers, rights and obligations of Council

11. Council has the following powers:

a) assists proper representation of the Republic of Moldova in European court;

b) promotes proper accomplishment of resolutions of European court.

12. For the purpose of accomplishment of the powers Council has the right:

a) study decisions and resolutions of European court on cases against the Republic of Moldova;

b) advise the Government representative in case of the system and structural problems connected with human rights violation because of which the Republic of Moldova is condemned by European court;

c) provide interaction of the Government representative with state bodies which appointed representatives in quality of members of council, or other state bodies as necessary;

d) request and receive necessary information and offers on execution of resolutions and decisions of European court from bodies of public management and responsible organizations;

e) represent offers for the purpose of proper execution of resolutions and decisions of European court;

f) invite to meetings of Council of representatives of bodies of public management and other organizations which did not delegate members to Council.

13. Members of council shall:

a) participate at meetings of Council;

b) keep secret of discussion and confidentiality of information which became known to them;

c) provide confidentiality of personal data, according to the Law No. 133 of July 8, 2011 on personal data protection;

d) abstain from any activities which can lead to conflict of interest, or from the actions not compatible to membership in Council. In the presence of the reason which can lead to conflict of interest the member of council informs on it the Government agent.

14. The members specified in subitems i) - k) item 4 of this provision which act as the representative of applicants in European court on the cases against the Republic of Moldova considered by Council shall inform the Government representative and members of council who are present at meeting on this fact and will refrain from vote and submission of offers on these cases.

IV. Procedure for the organization and functioning of Council

15. Work of Council is coordinated by the Government agent, and in its absence – the chief of specialized division of central office of the Ministry of Justice which provides activities of the Government agent.

16. The government agent carries out the following obligations:

a) establishes date and the agenda of meetings of Council;

b) presides over meeting of Council.

17. Activities of Council will be organized by the secretariat of Council which is provided with specialized division of central office of the Ministry of Justice.

18. Secretariat of Council:

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