The cabinet approved a draft law on governmental agent today. The new bill’s goal is to optimise the activity of the government’s representative at the European Court of Human Rights (ECHR). First of all, the emphasis is put on observance of the European Convention and its jurisprudence, as well as on strengthening the national systems, in order to reduce the number of claims submitted to the European Court.  

The document clearly sets the competences of the governmental agent, practices to represent Moldova before the Court and process of executing ECHR decisions. For the first time ever, two concepts are introduced: governmental supervision and parliamentary control over the execution process. Not only a coordination relation, but also an interdependent relation of responsibility between authorities will exist between the two mechanisms.

The draft also stipulates to keep the governmental agent at the Justice Ministry – a practice widely used in more European states, members of the Council of Europe. In order to ensure the independence and authority of this institution, it was maintained the way of appointing the governmental agent by government decision and hierarchically subordinated to the Justice Ministry and prime minister.

The mentioned draft law was worked out in order to execute the actions stipulated by the plan on implementing the Strategy on justice reform for 2011-2016.