Macedonian Constituency Engaged in. of Parliament

Transcription

1 Macedonian Constituency Engaged in Ensuring Accountability and Transparency of Parliament 3rd report on the Accountability, Transparency and Productivity Index 15 years

2 This product is prepared within the programme Macedonian Constituency Engaged in Ensuring Accountability and Transparency of Parliament funded by the UK Government with the support of the British Embassy Skopje. The content of this publication does not necessarily reflect the position or the opinions of the UK Government. Citizens Association MOST All rights reserved. The use or reproduction of any part of the report without Citizens Association MOST authorization is forbidden. 1

3 INTRODUCTION The third report has been prepared within the project Macedonian Constituency Engaged in Ensuring Accountability and Transparency of Parliament. It contains data on the work of the Parliament in the period 1 June September What does this report contain? In accordance with the project methodology, this report contains the following data: 1. Summary 2. Political context in which the Parliament functioned during the monitoring period 3. Analysis of legislative procedures and frequencies of amending laws 4. Analysis of the work of the committees 5. Analysis of the work of the MPs Data collection In favour of the monitoring efforts, the Citizens Association MOST has submitted a total of 343 requests for access to public information to the Parliament of RM for the following information: adopted minutes and reports from committee sessions, temporary working bodies and inquiry committees, minutes from conducted public and oversight hearings, submitted adopted and not adopted amendments by the MPs on the committee sessions, submitted adopted and not adopted amendments by the MPs on the plenary sessions, asked parliamentary questions by the MPs, submitted law proposals by the MPs, debates of every MP separately on a plenary session (discussion, replies, counter-replies, procedural addresses), for the period 1 June September The requests submitted referred to the work of the Parliament in each of the four months that are subjects to analyses in this report. 2

4 Source of information For the benefit of the monitoring efforts the following sources of information were used: responds to the requests for access to public information submitted to the Parliament of RM, National Programme for Adoption of the Acquis Communautaire, Revision , web page of the Parliament of RM and web page of the Official Gazette of the RM. * Note: MOST does not hold responsibility for possible errors contained in the data obtained from the stated sources of information 3

5 SUMMARY Analysis of legislative procedures and frequencies of amending laws In the period 1 June - 30 September 2017, the Parliament has conducted 43 procedures for adopting or amending the laws. 14 laws have been adopted, 17 laws were in a procedure, 3 laws are unacceptable and 9 laws have been withdrawn; Out of the adopted laws, 1 is new, and the other 13 laws are amendments of current laws; 12 laws have been adopted in a shortened procedure (86%), 1 in urgent procedure and 1 in regular procedure; Most of the laws (6) have been adopted in September (43%); In one day, 1 June 2017, 4 laws have been adopted in shortened procedure, which represent 29% of the total number of laws that were adopted in the monitoring period; Only one law (Election Code) has been amended more than once in the monitoring period; Out of the anticipated 8 laws, a legislative procedure for harmonization of 1 law with the EU legislation (Law on the Use of languages) has started in the monitoring period. Analysis of the work of the committees In the period 1 June - 30 September 2017, 18 out of 21 committees have held sessions. The work of the committees was analysed through 3 categories: transparency, quality of the minutes and inclusion of stakeholders; Transparency: Out of the 18 committees, only the Committee on agriculture, forestry and water resources management has gained more than 50 index points out of the maximum 100; The minutes from the committees sessions are not published on the website of the Parliament; Within the monitoring period, 4 public hearings on law proposals and 3 public debates on general topic were conducted, and shorthand notes from only 1 public debate are published on the website; The transparency of the committees is on a low level. 4

6 Quality of the minutes: Out of the 17 committees that have been indexed in the category quality of the minutes, none of them has gained more than 50 index points out of the maximum 100. Only 3 committees have got 43 index points; None of the committees have met the provisions for keeping minutes from the sessions that are prescribed by the Rules of Procedure The lack of unified way for keeping minutes and the lack of quality of the minutes, as well as of the published reports, do not provide opportunities for overall monitoring of the work of the committees Inclusion of stakeholders: Within the monitoring period, 4 public hearings on law proposals and 3 thematic public hearings were conducted; Within the monitoring period, no oversight hearing was conducted; No public debates were organized, but at 7 sessions experts and CSOs as stakeholders were present; Besides the presence of the MPs who are not members of the committees, the representatives of the executive power usually have a dominating role at the sessions. Nevertheless, within the monitoring period, it was noted increased level of inclusion of the stakeholders in the work of the committees. Analysis of the MPs performance 27 laws were proposed by a total of 89 MPs; 9 laws proposed by a total of 53 MPs were adopted; 3 laws proposed by a total of 17 MPs were not accepted; 9 laws proposed by 39 MPs are in legislative procedure; 6 laws proposed by 28 MPs were withdrawn. 5

7 POLITICAL CONTEXT IN WHICH THE PARLIAMENT FUNCTIONED IN THE PERIOD 1 JUNE- 30 SEPTEMBER 2017 In this period, the new Parliamentary composition has practically started its work, having on mind that the Constitutive session has finished on 31 May The characteristic of this period is the 10 continuations of the session where the item in the agenda was the dismissal of the Public Prosecutor, conducted in July. The session was prolonged mainly due to the continuation of the obstructions of the work of the Parliament conducted by the opposition. In August the Parliament was on a regular annual leave, and after coming back in holding sessions, it worked until 25 September, because on the very day the election campaign for the Local elections that took part on 15 October 2017 has started. Undoubtedly, all these elements had its own impact on the work of the Parliament and its productivity within the reporting period. 6

8 ANALYSIS OF LEGISLATIVE PROCEDURES AND FREQUENCY OF AMENDING LAWS 7

9 1. Adopted laws In the period 01 June - 30 September 2017, the Parliament has conducted in total 43 procedures for adoption or amending the laws. 14 laws have been adopted, 17 laws are in procedure, 3 are unacceptable and 9 were withdrawn. Out of the adapted laws, 1 is a new, and the other 13 legislative procedures refer to amending the current laws Ratifications, 0 New laws adopted for the first time Amendments of laws, 13 New laws, 1 Amendments of laws including amending and supplementing the current laws Ratifications of agreements, protocols, treaties, memoranda and conventions that are signed by R Macedonia 8

10 7 Overview of laws adopted by month June July August September 2 Overview of dates with highest number of laws adopted in respective months

11 Overview by month and dates with highest number of laws adopted in respective months и June July August September Within the reporting period 4 out of 5 laws in June were adopted on 1 June, the only law in July was adopted on 28 July, the two laws in August were adopted on 15 August, and 2 laws were adopted on 18 and 19 September, out of a total of 6 in September. 10

12 2. Adopted laws by proposer MPs, 9 Government, 5 This overview shows the 14 laws adopted in the monitoring period. Out of the total number of adopted laws, 9 (64%) were proposed by the MPs, while the Government has proposed 5 (36%) laws. It can be noted that most of the laws were proposed by the MPs. 11

13 3. Adopted laws by adoption procedure Urgent, 1 Regular, 1 Shortened, 12 This overview shows the adopted laws according to the adoption procedure. Out of the total 14 adopted laws, 12 laws (85.8%) were adopted in shortened procedure, 1 was adopted in regular procedure (7.1%) and 1 law was adopted in urgent procedure (7.1%). The trend for adopting laws in shortened procedure continues. 12

14 4. Frequencies of amending laws Only 1 law (Election Code) has been amended more than once in the monitoring period, due to the postponement of the local elections and the amending of the provisions related to the composition of the State Election Commission. 5. Мost frequently amended laws *Note: For a complete overview, please visit the web page Amendments and date of adoption Law I II III IV V Number of amending Election Code Laws for harmonization of the national law with the EU legislation According to the National Programme for Adoption of the Acquis Communautaire, Revision , 8 laws were anticipated to be adopted for harmonization of the national law with the EU legislation in the monitoring period. The legislative procedure for harmonization of 1 law with the EU legislation has begun (Law on the Use of languages). Additionally, the program foresees adoption of a Law on Amending the Law on Minimum Wage. In this period, such law was adopted, but it was not considered as an EU law. 13

15 ANALYSIS OF THE WORK OF COMMITTEES 14

16 Taking into consideration that the Rules of Procedure do not prescribe a legal deadline for adoption of previous sessions minutes, each committee has a different frequency of adoption of the minutes. In the period 1 June - 30 September 2017, 82 sessions of the committees have been conducted, including 15 continuations, while only 24 minutes have been adopted. The monitoring efforts show, that, this phenomenon is caused by, on the one hand, the nature of their scope of competencies, that is, some committees hold their sessions infrequently, and have held only one or two sessions in the monitoring period, failing to adopt minutes from the previous session/sessions. On the other hand, there are committees whose nature of their scope of competencies is such that requires more frequent sessions, whereby it has been noted that they have failed to adopt the minutes from one or more previous sessions. The Parliament answered all requests for access to public information, providing a total of 24 adopted minutes from 97 sessions of 18 of the 21 committees. One minute is drafted for one session, regardless of the number of continuations of the session. The Committee on Local Self-government and Committee on Constitutional Issues have not held a single session in the monitoring period. The Standing Inquiry Committee for Protection of Civil Freedoms and Rights has started one session, but the very same one has not finished within the monitoring period. The Committee on Rules of Procedure, and Mandatory-immunity Issues has held only one session in the monitoring period. Because no other session was held, the minute form this session was not adopted and therefore it was not delivered to MOST. 15

17 Overview of the committees sessions held and minutes adopted Number of sessions Continuations Adopted minutes Committee Legislative Committee Committee on Defence and Security Committee on the Political System and Inter-Ethnic Relations Foreign Policy Committee Committee on European Affairs Committee on Election and Appointment Issues Committee for Supervising the Work of the Security and Counter- Intelligence Directorate and the Intelligence Agency Committee on oversight of the implementation of the special investigation measure interception of the communication by the Ministry Of Interior, the Financial Police Management, Customs Management and the Ministry Of Defence Financing and Budget Committee Committee on Economy Committee on Agriculture, Forestry and Water Resources Management Committee on Transport, Communications and Environment Committee on Education, Science and Sports Committee on Culture Committee on Health Care Committee on Labour and Social Policy Committee on Equal Opportunities for Women and Men Committee on Rules of Procedure, and Mandatory-Immunity Issues Total

18 Transparency index Committee Sessions held Transpar ency Minutes adopted Minutes published Session reports published Reports on hearings and discussion s published Conclusion s from supervisor y hearings published Transcripts from hearings published Committee on Agriculture, Forestry and Water Resources Management Financing and Budget Committee Committee on Education, Science and Sports Legislative Committee Committee on the Political System and Inter-Ethnic Relations Committee on European Affairs Committee on Defence and Security Foreign Policy Committee Committee on Culture Committee on Equal Opportunities for Women and Men Committee on Labour and Social Policy Committee on Health Care Committee on Transport, Communications and Environment Committee on Election and Appointment Issues Committee for Supervising the Work of the Security and Counter- Intelligence Directorate and the Intelligence Agency Committee on Economy Committee on Supervision over the Interception of Communications* Committee on Rules of Procedure, and Mandatory-Immunity Issues Standing Inquiry Committee for Protection of Civil Freedoms and Rights 0 Committee on Local Self-Government 0 Committee on Constitutional Issues 0 17

19 Quality of minutes index Committee Sessions held Quality of minutes Names of Committee Members Present Names of Deputy Committee Members and other MPs Present Names of Other Persons Present Oral and Written Proposals Differing Opinions (Discussio ns) Vote Results Vote Results on Each Agenda Item for Each Member Legislative Committee Financing and Budget Committee Committee on Education, Science and Sports Committee on Labour and Social Policy Committee on Culture Committee on Agriculture, Forestry and Water Resources Management Committee on the Political System and Inter-Ethnic Relations Committee on Election and Appointment Issues Committee on European Affairs Committee on Transport, Communications and Environment Committee on Health Care Foreign Policy Committee Committee on Defence and Security Committee for Supervising the Work of the Security and Counter- Intelligence Directorate and the Intelligence Agency Committee on Equal Opportunities for Women and Men Committee on Economy Committee on Supervision over the Interception of Communications* Committee on Rules of Procedure, and Mandatory-Immunity Issues 1 Standing Inquiry Committee for Protection of Civil Freedoms and Rights 0 Committee on Local Self-Government 0 Committee on Constitutional Issues 0 18

20 Committee Stakeholders inclusion index Sessions held Involvem ent of stakehold ers Number of public discussion s Number of public hearings on draft laws Number of thematic public hearings Involved experts/op inions at sessions during debate on law Involved experts/op inions at general topic sessions Number of oversight hearings Committee on Equal Opportunities for Women and Men Committee on Labour and Social Policy Committee on European Affairs Committee on Education, Science and Sports Committee on the Political System and Inter-Ethnic Relations Legislative Committee 17 0 Financing and Budget Committee 8 0 Committee on Election and Appointment Issues 6 0 Committee on Transport, Communications and Environment 4 0 Committee on Health Care 3 0 Foreign Policy Committee 3 0 Committee on Defence and Security 3 0 Committee for Supervising the Work of the Security and Counter- Intelligence Directorate and the Intelligence Agency 3 0 Committee on Economy 2 0 Committee on Agriculture, Forestry and Water Resources Management 2 0 Committee on Culture 2 0 Committee on Supervision over the Interception of Communications* 2 0 Committee on Rules of Procedure, and Mandatory-Immunity Issues 1 Standing Inquiry Committee for Protection of Civil Freedoms and Rights 0 Committee on Local Self-Government 0 Committee on Constitutional Issues 0 19

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36 MPs Contribution in the Work of the Committees and the Parliament 35

37 1. List of MPs who have proposed at least 4 laws by political party affiliation and number of laws proposed Name and surname Political party Laws Name and surname Political party Laws Tomislav Tuntev SDSM 13 Ljuben Arnaudov VMRO-DPMNE 4 Ilija Dimovski VMRO-DPMNE 11 Maja Morachanin DRM 4 Ejup Alimi DUI 10 Ivana Tufegdzic Independent 4 Vesel Memedi Alliance of Albanians 9 Goran Misovski NSDP 4 Jovan Mitreski SDSM 7 Enes Ibrahim PDT 4 Afrim Gashi BESA 6 Ilija Nikolovski PUPCM 4 Dragan Danev VMRO-DPMNE 6 Jagoda Shahpaska SDSM 4 Blagoj Bochvarski SDSM 6 Keti Smileska SDSM 4 Vasko Kovachevski SDSM 6 Panche Ivanov SDSM 4 Nevenka Stamenkovska VMRO-DPMNE 5 Sasko Kostov SDSM 4 Blagojche Trpevski SDSM 5 Sasho Pockov SDSM 4 Petre Shilegov SDSM 5 Hari Lokvenec SDSM 4 Vesna Pemova VMRO-DPMNE 4 Oliver Spasovski SDSM 4 36

38 2. List of MPs who have proposed laws by political party affiliation and number of laws adopted Name and surname Political party Laws Name and surname Political party Laws Ejup Alimi DUI 9 Sasko Pockov SDSM 3 Tomislav Tuntev SDSM 8 Hari Lokvenec SDSM 3 Vesel Memedi Alliance of SDSM Aleksandar Kiracovski Albanians 7 3 Afrim Gashi BESA 6 Betian Kitev SDSM 3 Oliver Spasovski SDSM 4 Dime Velkovski SDSM 3 Maja Morachanin DRM 3 Zhaklina Lazarevska SDSM 3 Goran Milevski LDP 3 Katerina Kuzmanovska SDSM 3 Juliana Nikolova LDP 3 Kosta Janevski SDSM 3 Ivana Tufegdzic Independent 3 Kurto Dudush SDSM 3 Irena Stefoska Independent 3 Maksim Dimitrievski SDSM 3 Pavle Bogoevski Independent 3 Meri Lazarova SDSM 3 Stevo Pendarovski Independent 3 Mileva Gorgieva SDSM 3 Ferid Muhic Independent 3 Mira Stojcevska SDSM 3 Goran Misovski NSDP 3 Muhamed Zeqiri SDSM 3 Sonja Mirakovska NSDP 3 Petar Atanasov SDSM 3 Enes Ibrahim PDT 3 Stefan Bogoev SDSM 3 Alija Kamberoski PEI 3 Tanja Kovachev SDSM 3 Ilija Nikolovski PUPCM 3 Tatjana Prentovic SDSM 3 Jovan Mitreski SDSM Frosina Tashevska- SDSM 3 Remenski 3 Blagoj Bochvarski SDSM 3 Renata Deskoska SDSM 3 Vasko Kovachevski SDSM 3 Damjan Manchevski SDSM 3 Blagojche Trpevski SDSM 3 Ljupcho Nikolovski SDSM 3 Petre Silegov SDSM 3 Zoran Zaev SDSM 3 Jagoda Shahpaska SDSM 3 Radmila Shekerinska SDSM 3 Keti Smileska SDSM 3 Gjulumser Kasapi SDSM 3 Panche Ivanov SDSM 3 Ilija Dimovski VMRO-DPMNE 2 Sasko Kostov SDSM 3 37

39 No. List of adopted laws that were proposed by MPs 1 Law proposal on amending the Law on teachers in the elementary and high schools 2 Law proposal on amending the Law on high education 3 Law proposal on amending the Law on elementary education 4 Law proposal on amending and supplementing the Election Code 5 Law proposal on amending and supplementing the Criminal law 6 Law proposal on amending and supplementing the Election Code 7 Law proposal on amending and supplementing the Law on minimum wage in Republic of Macedonia 8 Law proposal on material security of unemployed persons due to privatization of state owned enterprises 9 Law proposal on amending the Law on audio and audio-visual media services 38

40 3. List of MPs who have proposed laws by political party affiliation and number of unacceptable laws Name and surname Political party Laws Name and surname Political party Laws Ilija Dimovski VMRO-DPMNE 2 Slagjana Mitovska VMRO-DPMNE 1 Ljuben Arnaudov VMRO-DPMNE 2 Blagica Lasovska VMRO-DPMNE 1 Zoran Gjorgjievski VMRO-DPMNE 2 Vladimir Gjorcev VMRO-DPMNE 1 Nikola Micevski VMRO-DPMNE Dafina Jovanoska- VMRO-DPMNE 2 Stojanoska 1 Vesna Pemova VMRO-DPMNE 1 Sasho Vasilevski VMRO-DPMNE 1 Dimitar Stevanadzija VMRO-DPMNE 1 Pancho Minov GROM 1 Pavlinche Chestojnova VMRO-DPMNE 1 Ljupcho Dimovski SPM 1 Vankuver Manchev VMRO-DPMNE 1 Vladanka Avirovic SPM 1 Zhaklina Peshevska VMRO-DPMNE 1 No. List of unacceptable laws that were proposed by MPs 1 Law proposal on amending the Law on water resources management 2 Law proposal on Public Prosecution Office 3 Law proposal on amending the Law on privatization and lease of state owned land 39

41 4. List of MPs who have proposed laws by political party affiliation and number of laws that were withdrawn Name and surname Political party Laws Name and surname Political party Laws Ilija Dimovski VMRO-DPMNE 3 Pavlinche Chestojnova VMRO-DPMNE 1 Dragan Danev VMRO-DPMNE 3 Ane Leshkoska VMRO-DPMNE 1 Ljuben Arnaudov VMRO-DPMNE 2 Dragan Cuklev VMRO-DPMNE 1 Nevenka Stamenkovska VMRO-DPMNE 2 Trajche Dimkov VMRO-DPMNE 1 Antonijo Miloshoski VMRO-DPMNE 2 Pancho Minov GROM 1 Liljana Zaturoska VMRO-DPMNE 2 Chedomir Sazdovski GROM 1 Krsto Jovanovski VMRO-DPMNE 2 Maja Morachanin DRM 1 Krsto Mukoski VMRO-DPMNE 2 Liljana Popovska DRM 1 Jusuf Hasani DP of Turks 2 Enes Ibrahim PDT 1 Rexhail Ismaili DUI 2 Jovan Mitreski SDSM 1 Tomislav Tuntev SDSM 2 Vasko Kovachevski SDSM 1 Blagoj Bochvarski SDSM 2 Blagojche Trpevski SDSM 1 Ljupcho Dimovski SPM 2 Sashko Kostov SDSM 1 Vesna Pemova VMRO-DPMNE 1 Hari Lokvenec SDSM 1 No. List of withdrawn laws that were proposed by MPs 1 Law proposal on amending the Law on wage payment in Republic of Macedonia 2 Law proposal on amending the Law on audio and audio-visual media services 3 Law proposal on amending and supplementing the Law on spatial and urban planning 4 Law proposal on amending and supplementing the Law on enforcement procedures 5 Law proposal on amending and supplementing the Law on public debt 6 Law proposal on ration coupon issuances - vouchers 40

42 5. List of MPs who have proposed laws by political party affiliation and number of laws still in legislative procedure Name and surname Political party Laws Name and surname Political party Laws Ilija Dimovski VMRO-DPMNE 4 Vankover Manchev VMRO-DPMNE 1 Dragan Danev VMRO-DPMNE 3 Zhaklina Peshevska VMRO-DPMNE 1 Nevenka Stamenkovska VMRO-DPMNE 3 Slagjana Mitovska VMRO-DPMNE 1 Mirsada Emini-Asani DUI 3 Vesna Damchevska-Ilievska VMRO-DPMNE 1 Tomislav Tuntev SDSM 3 Magdalena Manaskova VMRO-DPMNE 1 Jovan Mitreski SDSM 3 Nola Ismajloska VMRO-DPMNE 1 Vesel Memedi Alliance of Chedomir Sazdovski GROM Albanians 2 1 Vesna Pemova VMRO-DPMNE 2 Rexhail Ismaili DUI 1 Dimitar Stеvanandzija VMRO-DPMNE 2 Ejup Alimi DUI 1 Shpresa Hadri DUI 2 Artan Grubi DUI 1 Vasko Kovachevski SDSM 2 Ivana Tufegadzic Independent 1 Petre Shilegov SDSM 2 Goran Misovski NSDP 1 Surija Rashidi Alliance of Ilija Nikolovski PUPCM Albanians 1 1 Antonijo Miloshoski VMRO-DPMNE 1 Blagoj Bochvarski SDSM 1 Liljana Zaturoska VMRO-DPMNE 1 Blagojche Trpevski SDSM 1 Pavlinche Chestojnova VMRO-DPMNE 1 Jagoda Shahpaska SDSM 1 Ane Lashkoska VMRO-DPMNE 1 Keti Smileska SDSM 1 Dragan Cuklev VMRO-DPMNE 1 Panche Ivanov SDSM 1 Trajcho Dimkov VMRO-DPMNE 1 Sasho Pockov SDSM 1 41

43 No. List of laws in legislative procedure proposed by MPs 1 Law proposal on amending the Law on cash payment registration 2 Law proposal on ration coupon issuances - vouchers 3 Law proposal on amending the Law on protection from smoking 4 Law proposal on amending the Law on traffic road safety 5 Law proposal on amending the Law on medical profession 6 Law proposal on Trade on the green markets 7 Law proposal on amending the Law on Labour relations 8 Law proposal on amending the Law on wage payment in Republic of Macedonia 9 Law proposal on amending and supplementing the Law on enforcement procedures 42