Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 24, 2017 No. 2

About interpretation of provisions of Art. 98 of the h. (6) Constitutions of the Republic of Moldova (the joint decision in case of staff movements in the Government) (the address No. 5b/2017)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Lyudmila Kikhay,

in view of the address provided and registered on January 10, 2017

having considered the specified address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

Points of order

1. The address brought into the Constitutional court on January 10, 2017 by deputies of Parliament formed the basis for consideration of the case: Mihai Ghimpu, Ion Apostol, Valerian Bezhan, Roman Botsan, Liliyan Karp, Ion Kasyan, Petra Kosoy, Yuriye Dyrd, Oleg Ogor, Stefan Wlas, Alina Zotya according to provisions of Art. 135 of the h. (1) item b) Constitutions, Art. 25 of the item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about interpretation of Art. 98 of the h. (4) and h. (6) Constitutions of the Republic of Moldova.

2. Authors of the address require to give interpretation of Art. 98 of the h. (4) and h. (6) and to explain to the Constitution the next moments:

"1. Whether the President of the Republic of Moldova has rights to the nominal veto in case of appointment of structure of the Government which received vote of confidence from Parliament or in case of appointment of certain members of the government according to the proposal of the Prime Minister in case of updating of the Government?

2. What content has the term "appointment" used in the h. (4) and h. (6) Art. 98 of the Constitution, what limits of discretional law of the President performed by obligation on "appointment" of the Government or certain members of the government? Whether the President shall accept the proposal of the Prime Minister or he can reject it?

3. In what terms the President of the Republic of Moldova shall announce the decision or fulfill the constitutional duty to destination of the Government or certain members of the government in case of updating of the Government?

4. If the President refuses to appoint the new minister of the proposal of the Prime Minister how many times he can reject other offers?

5. If the President rejects specific proposal whether the Prime Minister has the right again to propose the same candidate and whether the President shall appoint this candidate in this case?"

3. The constitutional court made the decision to combine permission of question of the address acceptability with substantive prosecution.

4. During consideration of the address the Constitutional court requested opinion of Parliament, the President and the Government.

Actual circumstances

5. The constitutional court confirmed on December 13, 2016 election results of the President of the Republic of Moldova and recognized valid Igor Dodon's election to position of the President of the Republic of Moldova.

6. The president Igor Dodon took the oath before Parliament and the Constitutional court on December 23, 2016. Thus, from the date of bringing of the oath the President of the Republic of Moldova entered position.

Applicable legislation

7. Applicable provisions of the Constitution (repeated publication in M.O., 2016, No. 78, Art. 140):

Article 77 the President of the Republic of Moldova – the head of state

"(1) the President of the Republic of Moldova is head of state.

(2) the President of the Republic of Moldova represents the state and is guarantor of sovereignty, national independence, unity and territorial integrity of the country".

Article 79 Recognition of Powers and Bringing of the Oath

"(1) Election results of the President of the Republic of Moldova are recognized valid the Constitutional court.

(2) the Candidate, which election acknowledged valid not later than in 45-day time after elections brings the following oath before Parliament and the Constitutional court:

"I swear to direct all the efforts and ability for prosperity of the Republic of Moldova, to observe the Constitution and the laws of the country, to protect democracy, basic rights and human freedoms, sovereignty, independence, unity and territorial integrity of Moldova".

Article 98 Investiture

"(1) After consultations with parliamentary fractions the President of the Republic of Moldova proposes the candidate for the Prime Minister's position.

(2) In 15-day time after promotion the candidate for position of the Prime Minister asks Parliament to express vote of confidence to the program of activities and all structure of the Government.

(3) the Program of activities and structure of the Government are discussed at parliamentary session. The parliament expresses vote of confidence to the Government by a majority vote of the elected deputies.

(4) based on the vote of confidence expressed by Parliament, the President of the Republic of Moldova appoints the Government.

(5) the Government performs the powers from the date of bringing of the oath by his members before the President of the Republic of Moldova.

(6) In case of need staff movements or vacancy of positions in the Government the President of the Republic of Moldova according to the proposal of the Prime Minister dismisses and appoints certain members of the government".

8. Applicable provisions of the Law No. 64-XII of May 31, 1990 on the Government (repeated publication in M.O., 2002, Art. No. 131-133, 1018):

Article 4 Structure and procedure for formation of the Government

"The government is formed as a part of the Prime Minister, the first deputy, deputy prime ministers, ministers and other members determined by the law.

Persons having nationality of the Republic of Moldova and the residence in the country can only be members of the government.

The president of the Republic of Moldova after consultations with parliamentary fractions proposes the candidate for the Prime Minister's position.

The candidate for the Prime Minister's position for 15-day term after promotion asks Parliament to express vote of confidence to the program of activities and all structure of the Government.

The president of the Republic of Moldova based on the vote of confidence expressed by Parliament appoints the Government.

Within three days from the date of appointment of the Government the Prime Minister, his deputies, each of ministers and other members of the government take the oath which text is provided by part (2) article 79 of the Constitution before the President of the Republic of Moldova.

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