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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of August 6, 2020 No. 23

About interpretation of Articles 89, 91 and 98 h (1) Constitutions (address No. 96b/2020 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Liouba Shova,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Dumitra Avornik,

in view of the address,

registered on June 16, 2020,

having considered this address in 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 June 16, 2020 by the deputy of Parliament of the Republic of Moldova Igor Muntyanu formed the basis for consideration of the case. The address is submitted according to the procedure of Art. 135 of h (1) to the item b) to the Constitution, Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction.

2. The author of the address asks the Constitutional court to give interpretation of Articles 91 and 98 of h (1)  and to explain to the Constitution the following questions:

"1. Whether the head of state has discretional law to propose any candidate for position of the Prime Minister and not to consider that the parliamentary majority during consultations suggested to appoint the specific candidate for Prime Ministers?"

2. Whether the head of state shall push to position of the Prime Minister of the candidate offered by parliamentary majority during consultations with parliamentary fractions?

3. If the head of state refuses to propose the candidate chosen by parliamentary majority and offered during consultations between the President of the Republic of Moldova and parliamentary fractions whether it is possible to state condition of temporary incompatibility on execution by the President of the obligations?

4. In case of ascertaining of temporary incompatibility of the President of the Republic of Moldova to fulfill the duties whether person who is temporarily fulfilling duties of the President of the Republic of Moldova owes to refuse promotion to position of the Prime Minister of the candidate offered by parliamentary majority or other candidate?"

3. Determination of the Constitutional court of June 30, 2020, without decision in essence, the address was acknowledged acceptable.

4. During announcement of substantive provisions of the resolution there were Roman Starashchuk, the representative of the author of the address Igor Muntyanu, Rada Rada, the representative of Parliament, and Doreen Lishman, the representative of the Government.

Applicable legislation

5. Applicable provisions of the Constitution:

Article 81 Incompatibility and immunity

"[…]

(3) the Parliament can make the decision on initiation of accusation against the President of the Republic of Moldova in case of making of crime by it two thirds of voices of the elected deputies. According to the law legal proceedings are included into competence of the Highest trial chamber. The president is discharged of position by right from the date of the introduction in legal force of conviction".

The article 89 Discharge from position

"(1) in case of making of heavy act and violation of Constitution provisions by that  the President of the Republic of Moldova can be discharged of position by Parliament two thirds of voices of deputies.

(2) the Proposal on discharge from position can be made at least than one third of deputies and shall be without delay brought to the attention of the President of the Republic of Moldova. The president can offer to Parliament explanations on the charges brought against it.

(3) If the offer on discharge from position affirms not later than in 30-day time the referendum on the issue of discharge of the President is held".

Article 91 Temporary fulfillment of duties of the President

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