of Parliament Ensuring Accountability and Transparency Macedonian Constituency Engaged in

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1 Macedonian Constituency Engaged in Ensuring Accountability and Transparency of Parliament nd 2 Report on the Accountability, Transparency and Productivity Index of the Parliament of the Republic of Macedonia 15 years

2 INTRODUCTION This report has been prepared within the project Macedonian Constituency Engaged in Ensuring Accountability and Transparency of Parliament. It contains data on the constitutive session that has been conducted in the period 30 December May What does this report contain? 1. Summary 2. Methodology and legal framework 3. Legal and political context in which the Parliament functioned during this period 4. Analysis of MPs speeches (discussions, replies, counter-replies, procedural interventions) 5. Analyse of the way the chairperson of the constitutive session has presided over the very same session. Having on mind, that within this period the Parliament was not constituted, this report refers only to the work of the MPs during the constitutive session of the Parliament and therefore it differs from the first report published within the frames of the project. Data collection The data subject to this report were obtained from the official web page of the Parliament of RM, that is, the shorthand notes from the constitutive session of the Parliament of RM and its 21 continuations, as well as from the available video material of the election of the new President of the Parliament. 1

3 SUMMARY Conclusions For the first time in the parliamentary history of Republic of Macedonia, the first constitutive session of the Parliament lasted 22 working days, contrary to the usual 1 to 2 working days of the same sessions conducted after all 8 previous parliamentary elections. The delay of the session is an outcome of the numerous violations of the Rules of Procedure conducted by the MPs from the VMRO-DPMNE coalition. The course of the constitutive session is determined by the Rules of Procedure. The session starts with verification of the MPs mandates, followed by two items on procedure for election of President of the Parliament. All MPs from VMRO-DPMNE (51) have applied for a discussion, out of which 16 have used the right to discuss by 27 April. Only one of the speakers has stuck to the item on the agenda - election of Committee on Election and appointment Issues, an item that is before the item Election of the President of the Parliament. All types of addresses were abused by the MPs: discussions, reply, counter-reply and procedural interventions 1. The chairperson of the constitutive session has abused its office, because he failed to react when the MPs from VMRO-DPMNE coalition have violated the Rules of Procedure and/or has reacted inappropriately in cases when the MPs from the SDSM coalition were debating without violating the Rules of Procedure. The election of President of Parliament is a precondition for a functional Parliament that can elect Government and enact laws. The prolonging of the constitutive session caused postponement of the transfer of power and paralysis of the legislative and executive branches. The parliamentary majority used the only available solution to end the blockade and elect a President of the Parliament on April The violations of the Rules of Procedure conducted by the rest of the political parties (replies and procedural interventions) are analysed below and represent less than 15% of the total number of violations. 2

4 Analysis of MPs speeches During the constitutive session, there were noted in total speeches of the MPs, of which: 16 discussions, 620 replies, 602 counter-replies and 574 procedural interventions. The VMRO-DPMNE MPs had the highest number of speeches, speeches (81%), followed by SDSM MPs, 258 speeches (14%), DUI - 35 speeches (2%), Alliance for Albanians - 34 speeches (2%), and BESA - 18 speeches (1%). The Rules of Procedure was violated in total of speeches (86% of all speeches), and the highest number of violations were conducted by the MPs from VMRO-DPMNE coalition, violations (86% of the total number of violations), followed by the SDSM coalition with 145 violations (9% of the total number of violations) The most frequent violation of the Rules of Procedure was debating on issues that were not on the agenda, that is, at least speeches out of the (72%); In 840 speeches (46%) the so called Tirana Platform 2 was mentioned, the Committee on Election and appointment issues was mentioned only in 509 speeches (28%), and in the other 463 speeches (26%) election results, situations in the society, historic events and etc. were debated. Out of the 16 discussions (all delivered by the MPs from the VMRO-DPMNE coalition), 15 were not in compliance with the Rules of Procedure and completely or partially have referred to the so-called Tirana platform; The Rules of Procedure was violated in 580 replies (94%), of which, 540 replies were delivered by the MPs from the VMRO-DPMNE coalition (93% of the total number of violations through reply) Out of the 602 counter-replies from the 16 MPs from VMRO-DPMNE coalition who have taken the floor, the Rules of Procedure was violated in 565 counter-replies (94%); In 406 out of 574 procedural interventions (71%), the Rules of Procedure was violated. The largest number of violations was conducted by the MPs from the VMRO-DPMNE coalition, that is, 232 procedural interventions where the Rules of Procedure was violated (57% of the total number of violations through procedural interventions) 2 Document for common political agenda and aims of the political parties from the Albanian bloc, signed on 7 January 2017, which the media, some political analysts and the VMRO-DPMNE MPs called Tirana Platform. 3

5 Analysis of the work of the chairperson of the constitutive session The chairperson of the constitutive session has not reacted in accordance with its Rules of Procedure obligations for maintenance of the order at the session: he has not prevented the violations of the Rules of Procedure, that is, in none of the speeches where the Rules of Procedure was violated (94% of the total number of speeches) deprived an MP of the right to speak; The chairperson did not react in accordance with the Rules of Procedure obligations for maintenance of the order at the session: he has warned 5 MPs from SDSM coalition whose speeches have not violated the Rules of Procedure; During 7 speeches delivered by VMRO-DPMNE MPs he has warned the speaker more than twice, but did not deprive the MP of the right to speak (0.4% of the total number of speeches where the Rules of Procedure was violated), even though multiple warnings is a ground for depriving the MP of the right to speak: he has deprived an MP of the right to speak in 4 cases, twice without warning the MP and twice after warning, by which he has violated the rule for double warning before deprivation of the right to speak. 4

6 METHODOLOGY AND LEGAL FRAMEWORK Subject to analysis in this report are the MPs speeches during the constitutive session (item 3) and the way the chairperson of the constitutive session presided over the very session 3. The speeches of the MPs are composed of the following four categories: discussions, replies, counter-replies, procedural interventions. In accordance with the Articles 85 and 86 of the Rules of Procedure, the MPs can register to take the floor/ for discussion and during the discussion can speak only once for a maximum of 10 minutes. The MP has the right to reply to the speaker, i.e. to clarify an incorrectly cited statement, or a statement that caused misunderstanding. Only one reply to the speech of the MP is allowed. In the very speech, the MP has to limit to the clarification and the reply, and to last three minutes. The speaker has the right to counter-reply for one minute (Article 89 of the Rules of Procedure). According to the Article 88 of the Rules of Procedure, the coordinator of a parliamentary group, deputy coordinator or MPs who are not members of a parliamentary group has the right to procedural interventions, i.e. to point out the improper implementation of the Rules of Procedure. The president immediately gives the floor once they are registered. The MP is obliged to indicate the provision of the Rules of Procedure and explain the points on the improper implementation. The procedural intervention may not last more than 3 minutes. Having on mind that during the conduct of the constitutive session, there were no parliamentary groups formed, it meant that every MP had unlimited right to procedural interventions. The analysis referred to whether the MPs in their speeches were limited to the item on the agenda, that is the issue that was debated and whether the procedural interventions were applied in accordance with the Rules of Procedure. According to the Article 90 of the Rules of Procedure of the Parliament of RM, the MP may speak only on the item on the agenda. If the MP wanders from the item, the President of the Parliament should remind him to stick to the issue. If the MP continues to wander after the second reminder, the President should deprive the MP of the right to speak. 3 The report does not take into account the two discussions and two procedural interventions given before the 3 rd item on the agenda. 5

7 Taking into consideration the Articles 88 and 90 of the Rules of Procedure, the speeches that were not limited to the item on the agenda and the procedural interventions where the improper implementation of the Rules of Procedure was not pointed out, were counted as speeches where the Rules of Procedure was violated. As to the deprivation of the right to speak, there were counted only the deprivations of the right to speak during the MPs speeches, i.e. the interruptions and deprivations of the right to speak of the MPs due to the break of the speech time limit were not counted. The affiliation of the MPs is determined in accordance with the election candidates lists, that is, coalitions VMRO-DPMNE, SDSM and Alliance for Albanians (AA) and political parties Democratic Union for Integration (DUI) and Movement BESA. 6

8 LEGAL AND POLITICAL CONTEXT IN WHICH THE PARLIAMENT FUNCTIONED IN THE PERIOD 30 DECEMBER MAY 2017 After the Early Parliamentary elections were finished, the President of the Parliament from the previous parliamentary composition has summoned the constitutive session on 30 December The constitutive session is the first session of the newly elected parliament and it takes place no later than 20 days after the elections. The very same one is to be summoned by the President of the Parliament from the previous parliamentary composition, who, too, presides over the session until the new President of the Parliament is elected. The agenda of the constitutive session is composed of four items: 1. Election of the president and members of the Verification committee of the Parliament of RM; 2. Verification of the mandates of the Members of Parliament of RM; 3. Election of president, deputy president, members and deputy members of the Committee on Elections and appointments issues of the Parliament of RM; 4. Election of President of the Parliament of RM. The constitutive session in principle is designated to be of a solemn and protocolled character, and usually it lasts 1 to 2 working days. In the period , the constitutive sessions lasted approximately 5 hours. The constitutive session of this parliamentary composition lasted from 30 December 2016 to 31 May 2017, that is, 22 working days within the course of these 5 months. At the beginning of the constitutive session on 30 December 2016 only the mandates of the MPs were verified, and the Committee on Elections and Appointments of the Parliament of RM and President of the Parliament of RM were not elected. In the new 2017 no continuation of the constitutive session was summoned, because of the turmoil related to the extension of the mandate for forming Government of RM. Firstly, the mandate was extended to the leader of VMRO- DPMNE, and after his failure to form a government, the President of RM refused to extend the mandate to the SDSM leader, by demanding additional reassurances for preserving the country s unitary. In the meantime, protests were organized by the newly formed citizens movement For Common Macedonia which demanded the mandated not to be extended to the SDSM leader. 7

9 Finally, the President of the Parliament from the previous parliamentary composition has summoned the continuation of the constitutive session on 27 March, where the third item on the agenda, election of Committee on Elections and appointments was to be discussed. The duration of the constitutive session has been prolonged, because all MPs from the coalition VMRO-DPMNE have applied for a discussion, and afterwards have applied for replies and counter-replies. By this one, the constitutive session could have been prolonged for several months. Even though the parliamentary majority has demanded to go to the next item on the agenda, the chairperson of the constitutive session has not allowed it, by reckoning that firstly the debate on the third item should be finished and then to go for election of President of the Parliament. On the other hand, although there was a large number of MPs who have applied for a discussion, the chairperson did not use the opportunity to work after 18:00 o clock. Facing this kind of situation, after the suspension of the 20 th continuation by the chairperson, the parliamentary majority has continued to work and went on the next item and has elected new President of the Parliament. In compliance with the Rules of Procedure, the most senior MP of the parliamentary majority by years of age who has taken over the presiding with the session appointed its own deputies and afterwards has handed over the presiding with the session to one of the deputies. The proposal to go to the fourth item on the agenda, election of President of Parliament was adopted by 66 votes in favour. The proposal for election of the only candidate was adopted by 61 votes in favour, and after signing the solemn oath, the new President formally took the office. The election of the President was followed by a violent raid of the protesters in the Parliament building. Due to the weak, inefficient and late respond from the police, the protesters have managed to get to the MPs and physically attacked them by inflicting serious injuries. After these events, the new President of the Parliament has summoned the 21 continuation of the constitutive session on 31 May, when the very same one has finished too. 8

10 Analysis of MPs speeches during the constitutive session 9

11 Speeches Types of spechees 1% 32% 34% Discussions Replies Counter-replies Procedural interventions 33% The chart shows that most of the speeches used to be replies, counter-replies and procedural interventions, by providing equal parts in the total number of speeches Overview of speeches according to political party VMRO-DPMNE SDSM DUI BESA AA From the chart it can be seen that the VMRO-DPMNE MPs had the highest number of speeches delivered, with 81% of the total number of speeches. 10

12 Overview of speeches by content 26% Tirana Platform 46% Committee on Election and Appointment Issues Other 28% Out of the total speeches (discussions, replies, counter-replies, procedural interventions), in 840 speeches (46%) the so called Tirana Platform was mentioned, even though such item was not on the agenda. On the other hand, the Committee on Election and appointment issues that was item number 3 on the agenda, was mentioned only in 509 speeches (28%), and in the remained 26% of the speeches are related to the issues that were not on the agenda such as election results, situations in the country, historical events, etc. 11

13 Overview of speeches according to violation of Rules of Procedure 14% 86% In accordance with RoP Contravening the RoP Out of total speeches, the Rules of Procedure was violated in or 86% on various grounds, such as debating on issues out of the item on the agenda or abusing the procedural interventions. Overview of speeches contravening the Rules of Procedure according to political party VMRO-DPMNE SDSM DUI BESA AA The highest number of violations was conducted by the VMRO-DPMNE MPs, violations in total or 86% of the total number of speeches violating the Rules of Procedure, followed by SDSM and other political parties and coalitions. 12

14 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Overview of speeches according to political party and violation of the Rules of Procedure 8% 92% 43% 57% 31% 69% 22% 78% 18% VMRO-DPMNE SDSM DUI BESA AA 82% In accordance with RoP Contravening the RoP This overview provides that the VMRO-DPMNE MPs have the highest percentage of speeches where the Rules of Procedure was violated, that is, the very same one was violated in 92% of their speeches. SDSM MPs have the lowest percentage of speeches where the Rules of Procedure was violated with 57% of the speeches contravening the Rules of Procedure. 13

15 Discussions Overview of discussions according to violation of the Rules of Procedure 1; 6% 15; 94% In accordance with RoP Contravening the RoP Out of the 16 discussions, in 15 cases the discussions were not related to the item on agenda, i.e. were against the Rules of Procedure. All 16 discussions were delivered by MPs from the VMRO-DPMNE coalition. 14

16 Replies 600 Overview of replies according to political party VMRO-DPMNE SDSM BESA AA Overview of replies according to violation of the Rules of Procedure 40; 6% 580; 94% In accordance with RoP Contravening the RoP The same trend related to violations of the Rules of Procedure was noted within the replies, i.e. 94% of the replies were contravening the Rules of Procedure. 15

17 600 Overview of replies contravening the Rules of Procedure according to political party VMRO-DPMNE SDSM BESA AA 10 As to the replies, the data are even more shocking: 93% of the replies contravening the Rules of Procedure were delivered by the MPs from the VMRO-DPMNE coalition. 120% 100% 80% Overview of replies according to political party and violation of the Rules of Procedure 95% 76% 100% 83% 60% 40% 20% 0% 24% 17% 5% 0% VMRO-DPMNE SDSM BESA AA In accordance with RoP Contravening the RoP In this case, BESA has the highest percentage of speeches where the Rules of Procedure was violated, that is, the very same one was violated in 100% of their speeches, but their number of replies (5) is insignificant compared to the 540 replies out of 571 delivered by the MPs from VMRO-DPMNE where the Rules of procedure was violated. 16

18 Counter-replies Overview of counter-replies according to violation of the Rules of Procedure 37; 6% In accordance with RoP Contravening the RoP 565; 94% In here, too, the same trend as within the discussions and replies is noted, i.e. 565 out of in total 602 counter-replies, or 94% are contravening the Rules of Procedure. Since all discussions were delivered by the VMRO-DPMNE MPs, all counter-replies were delivered as well, only by the VMRO-DPMNE MPs. 17

19 Procedural interventions Overview of procedural interventions according to political party VMRO-DPMNE SDSM DUI BESA AA Overview of procedural interventions according to violation of the Rules of Procedures 168; 29% 406; 71% In accordance with RoP Contravening the RoP Even though the aim of the procedural intervention is to point out the improper implementation of the Rules of Procedure, as many as 71% of these interventions were contravening the Rules of Procedure. 18

20 Overview of procedural interventions contravening the Rules of Procedure according to political party 6% 2% 5% VMRO-DPMNE SDSM 30% 57% DUI BESA AA Within this category as well, the largest number of violations (57%) were delivered by the MPs from VMRO-DPMNE. Overview of procedural interventions according to political party and violation of the Rules of Procedure 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 83% 82% 69% 69% 55% 45% 31% 31% 17% 18% VMRO-DPMNE SDSM DUI BESA AA In accordance with RoP Contravening the RoP 19

21 Analysis on presiding over the constitutive session by the chairperson 20

22 The chart below presents the speeches where the Rules of Procedure was violated according to whether the chairperson of the constitutive session has warned the speaker. Overview of speeches contravening the Rules of Procedure according to warning by the chairperson 88; 6% 1473; 94% With warning Without warning In this category, as well, the same trend as the one within the violations of the Rules of Procedure conducted by the political parties is noted. Namely, in 94% of the speeches where the Rules of Procedure was violated, the chairperson of the constitutive session did not warn the speaker. On the other hand, the chairperson warned 5 MPs whose speeches have not violated the Rules of Procedure. In only 7 cases the chairperson of the constitutive session has warned the speaker more than two times, (0.4% of the total number of speeches where the Rules of procedure was violated). Although the warning more than two times is a ground for depriving the MP of the right to speak, in none of the cases the MP was deprived of the right to speak. On the other hand, depriving the right to speak was registered in 4 other speeches, without warning the MP more than 2 times, which lead to violation of the Rules of Procedure conducted by the chairperson of the constitutive session. 21