Administrative Code will ensure better observance of human rights, minister

The Administrative Code adopted this July, which is to take effect on April 1, 2019, is a hope for the whole judicial system and for the state authorities as this is expected to strengthen the rule of law, Minister of Justice Victoria Iftodi said in a conference that centered on the adoption of the first code of such a kind in Moldova. According to the official, the Administrative Code will help to better  ensure the observance of human rights, IPN reports.

The Code defines the method of functioning of the public institutions and authorities and aims to systematize all the regulations concerning the administrative procedure. It regulates the issuing of administrative documents  by the public authorities and the mechanisms for dealing with complaints filed by people and, for the first time, the refusal to accept or examine an application. The public authorities for the first time will be obliged to compile an administrative file.

Victoria Iftodi said the new document places the human rights violated by a state authority at a new level. The implementation of the Administrative Code will help improve the judiciary practice.

According to Ion Druță, president of the Supreme Court of Justice, the Administrative Code is an important document that defines the legal status of all the players, the powers of the public administrative authorities and courts of law. The president of the Constitutional Court Mihai Poalelungi said clarity is ensured as to administrative disputes. The Administrative Code is closely related to the German Code of Administrative Court Procedure. It undertook a part of the German practice known for the quality of justice and of the argumentation of court judgements. Until April 1, 2019, when the Code takes effect, all the judges should be familiarized with the provisions of this document.

Former president of the High Administrative Court of Bavaria Rolf Hüffer, who formed part of the group of experts who helped work out the Administrative Code, said the rule of law will not make a state strong if the instruments needed to implement the law are absent. Administrative jurisprudence is important as it has a direct impact on the life of citizens. The document protects the public functionaries from influences from the upper level. Juridical protection leads to the safety of juridical relations. From economic viewpoint, a safe juridical space is a safe space for investments.

MP Raisa Apolskii, who heads the Parliament’s legal commission for appointments and immunities, said this document will better regulate the relations between the public authorities and the people. The Code is friendly towards the people as it enables to restore the rights violated by the state authorities before reaching the court, which is the last instrument that can be used by the citizens.

MP Igor Vremea, one of the authors of the Code, said this standardizes the legal solutions and simplifies the action methods of the administration, offering coherence and ensuring predictability in the actions taken by the state authorities.

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