Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

EC Venice Commission About Moldovan Constitution

Posted by Info on 21/06/2011

The three questions put by the Constitutional Court of Moldova to the Venice Commission
A) May Parliament be repeatedly dissolved due to the same reason: non-election of the President ?
17. Dissolution of Parliament is regulated by Article 85 of the Constitution. The latter provides for this possibility when:
“(1) an impossibility has been reached to form the Government;
(2) when a situation has been encountered whereby the passing of the new legislation has been deadlocked for three consecutive months;
(3) within forty five days from a first presidential request for a vote of confidence to form a new government a second such request has been rejected by the Parliament”.
B) Shall the procedure under Article 78 of the Constitution be applied after elections held due to a failure to elect the President ?
C) May Parliament develop by an organic law a mechanism which would institutionalize a procedure meant to ensure the election of the Head of State and would not admit repeated dissolution of the Parliament?

The Venice Commission is of the opinion that:
• Article 78§5 allows repeated dissolution of Parliament if it proves unable to elect the new President of the country;
• It is possible and even desirable, in order to facilitate the effective election of the new President, to clarify some procedural aspects of the election procedure through an organic law.

42. As to the substantive requirement of a three-fifths majority for the new elections…the Commission is of the opinion that the most appropriate solution is to amend the relevant constitutional provisions explicitly, in accordance with the provisions of Title VI of the Constitution or to find a political compromise within the Parliament itself on the appropriate presidential candidate.
43. It is up to the Constitutional Court of Moldova to decide whether it is justified, under the present circumstances in the country, which the Constitutional Court of Moldova has considered unique… more HERE

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