None

N O T I C E :

1. The impossibility of forming a Government within the term provided by article 85 par. (1) of the Constitution.

2. This opinion is final, may not be appealed, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.

This text has been taken from the courts homepage itself!

https://www.constcourt.md/ccdocview.php?tip=hotariri&docid=700&l=en

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Non-official translation,
which may be subject to editorial review

Notification

on the finding of the circumstances justifying the dissolution of Parliament

(Notification no.114f / 2019)
https://www.constcourt.md/ccdocview.php?tip=avize&docid=67&l=ro

CHIŞINĂU

June 9, 2019

On behalf of the Republic of Moldova,

The Constitutional Court, judging in its composition:

Mr Mihai POALELUNGI, President,

Mrs. Raisa APOLSCHII,

Mr. Aurel BĂIEȘU,

Mr Corneliu GURIN,

Mr Artur Resetnikov,

Mr Veaceslav ZAPOROJAN, Judges,

with the participation of Ms. Ludmila CHIHAI, Clerk,

Considering the notification filed on June 9, 2019

and registered on the same date,

Having regard to the matter referred to it in public,

Having regard to the documents and works in the file,

Deliberating in the Council Chamber,

Delivers the following opinion:

PROCEDURE

1. At the origin of the case is the notification submitted to the Constitutional Court on June 9, 2019 by Mr. Pavel Filip, interim President of the Republic of Moldova, based on the provisions of Articles 4 para. (1) lit. f) of the Law on the Constitutional Court, 4 para. (1) lit. f) and 38 para. (1) of the Code of Constitutional Jurisdiction and 135 para. (1) lit. f) of the Constitution, as it was interpreted by the Decision of the Constitutional Court no. 28 of October 17, 2017.

2. The author of the referral requested the Constitutional Court:

„The finding of the circumstances that justify the dissolution of the Parliament of the Xth legislature as a result of the impossibility of forming the Government within the term provided by article 85 par. (1) of the Constitution ”.

3. The Court decided to examine the admissibility together with the merits of the case.

4. The author of the notification requested the examination of the notification in public session, in his absence.

RELEVANT LEGISLATION

5. The relevant provisions of the Constitution are the following:

Article 1

State of the Republic of Moldova

„[…]

(3) The Republic of Moldova is a state governed by the rule of law, democratic, in which human dignity, rights and freedoms, the free development of the human personality, justice and political pluralism are supreme values and are guaranteed. "

Article 85

Dissolution of Parliament

„(1) In case of impossibility to form the Government or to block the procedure of adopting the laws for 3 months, the President of the Republic of Moldova, after consulting the parliamentary factions, may dissolve the Parliament.

(2) The Parliament may be dissolved, if it has not accepted the vote of confidence for the formation of the Government, within 45 days from the first request and only after the rejection of at least two requests for investiture.

Article 91

Interim position

"If the position of President of the Republic of Moldova becomes vacant or if the President is dismissed or if he is temporarily unable to exercise his duties, the interim shall be provided, in order, by the President of the Parliament or the Prime Minister."

Article 135

Powers

"1. The Constitutional Court:

[…]

f) notes the circumstances that justify the dissolution of the Parliament, the dismissal of the President of the Republic of Moldova or the interim office of President, as well as the impossibility of the President of the Republic of Moldova to exercise his duties for more than 60 days; ”

IN FACT

6. By Decision no. 4 of March 9, 2019, the Court confirmed the results of the parliamentary elections of February 24, 2019 and validated the mandates of the deputies elected in the Parliament of the 10th legislature.

7. Within three months (90 days) of validation, Parliament was to set up Parliament's governing bodies and form the Government. Until June 7, 2019 inclusive, the working bodies of the Parliament were not established and the Government was not formed.

IN LAW

A. Arguments of the author of the notification

8. The complainant considers that, in the event of the circumstances of compulsory dissolution of the Parliament due to the legislative blockade and / or the impossibility of forming the Government for three months (90 days), the Parliament cannot carry out its legislative activity and - to fulfill the attributions provided by article 66 of the Constitution, as well as to constitute its governing bodies.

9. Also, when the circumstances of dissolution of the Parliament appear under the conditions of article 85 par. (1) of the Constitution, the President of the country is obliged to notify the Constitutional Court, without delay, to ascertain the circumstances of dissolution, with the subsequent issuance of the decree dissolving the Parliament and setting the date of early parliamentary elections. Any action and / or legislative act of the Parliament subsequent to the circumstances of compulsory dissolution constitutes a serious violation of the constitutional provisions and are null and void ab initio.

B. Findings of the Court

10. The Court notes that, under Article 85 para. (1) of the Constitution, the Parliament may be dissolved by the President of the Republic of Moldova in case of impossibility of forming the Government or blocking the procedure for adopting laws for three months.

11. Article 85 para. (1) of the Constitution has been interpreted over time, in constitutional jurisprudence, as imposing, in fact, an obligation of the President of the Republic of Moldova to initiate the dissolution of Parliament, when circumstances require, i.e. when the three-month period has elapsed.

12. In the Decision no. 29 of November 24, 2015, the Court noted that the prerogative of the President of the Republic of Moldova to dissolve the Parliament is a constitutional guarantee, which allows the resolution and unblocking of an institutional crisis (§ 35).

13. In Decision no. 13 of 16 December 2015, the Court reiterated that the three-month period is a general term for the formation of the Government, which starts to run from the date of the circumstances that determined the need to form a new Government and that the President of the Republic of Moldova is obliged to dissolve the Parliament. after exceeding this term (§§ 16-17).

14. At the same time, by the Opinion no. 1 of June 9, 2019, the Court found the interim position of President of the Republic of Moldova regarding the dissolution procedure of the Parliament, given the deliberate refusal of the incumbent President, Mr. Igor Dodon, to fulfill his constitutional obligation to notify the Constitutional Court, for the ascertainment of the circumstances justifying the dissolution of the Parliament of the Xa legislature.

15. The Court notes that, under Article 135 para. (1) lit. f) of the Constitution, the ascertainment of the circumstances that justify the dissolution of the Parliament belongs to the competence of the Constitutional Court.

16. According to the constitutional provisions, the President of the Republic of Moldova issues the decree on the dissolution of the Parliament and establishes the date of elections in the new Parliament based on the opinion of the Constitutional Court on finding the circumstances justifying the dissolution of the Parliament.

17. The Court notes that the three-month period laid down in Article 85 para. (1) of the Constitution was exceeded, without the Government being appointed. Therefore, there are circumstances that justify the dissolution of Parliament.

Based on articles 135 par. (1) lit. f) and 140 of the Constitution, 26 of the Law on the Constitutional Court, 63 let. b) and 66 par. (1) of the Code of Constitutional Jurisdiction, as well as based on the Decision of the Constitutional Court no. 13 of June 8, 2019, the Constitutional Court adopts the following

N O T I C E :

1. The impossibility of forming a Government within the term provided by article 85 par. (1) of the Constitution.

2. This opinion is final, may not be appealed, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.

President                                                                                                                        Mihai POALELUNGI

Chisinau, June 9, 2019

ACC no. 2

File no. 114f / 2019