RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of August 3, 2010 No. 18

About interpretation of provision of Art. 80 of the h. (4) Constitutions

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman, the judge-speaker

Petra RAJLJAN - the judge

Elena SAFALERU is judge,

Valeria SHTERBETS is judge

the secretary of meeting - Dina Mustyatsa, with the assistance of the deputy of Parliament Ion Pleshki, the author of the address, the permanent representative of the Government in the Constitutional court, George Susarenko, the permanent representative of Parliament in the Constitutional court, Jonah Kryange, the representative of the acting president of the Republic of Moldova, Marianna Sekeryanu, being guided by Art. 135 of the h. (1) item b) Constitutions, Art. 4 of the h. (1) item b) Law on the Constitutional court, Art. 4 of the h. (1) item b) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on interpretation of provision of Art. 80 of the h in open plenary meeting. (4) Constitutions of the Republic of Moldova.

The address of the deputy of Parliament Ion Pleshki provided on July 16, 2010 according to Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

The address was accepted determination of the Constitutional court of July 20, 2010 to consideration on the merits and is included in the agenda.

Having considered case papers, having heard the message of the judge-speaker and arguments of the representative of the author of the address, the Constitutional court at with t and N about in and l:

1. In the address provided to the Constitutional court the deputy of Parliament Ion Pleshka asks to give interpretation of provision of Art. 80 of the h. (4) Constitutions in combination with the constitutional provisions of Art. 90 of the h. (1) "About vacancy of position" and Art. 91 "About temporary fulfillment of duties of the President" about opportunity for person holding position of the President of the Republic of Moldova two terms in a row to stand for new term if, after the expiration of the second term of office, the position of the President became vacant and temporary execution of its obligations was assigned to the Chairman of the parliament.

Also the author of the address asks the Constitutional court to speak concerning effects of possible change of Art. 78 of the Constitution in view of election of the President of the country on the basis of general, equal and direct suffrage in case of secret and free vote regarding application of Art. 80 of the h. (4) Constitutions.

2. Having considered the questions stated in the address, the Constitutional court notes that establishment of exact sense of the constitutional provisions, according to Art. 135 of the h. (1) the item b) Constitutions, is within the exclusive competence of body of the constitutional jurisdiction and it is directed to elimination of the legal and political disagreements arising in connection with understanding and application of regulations of the Constitution.

For explanation of authentic content of provision of Art. 80 of the h. (4) Constitutions, the Constitutional court will operate with Art. provisions 77, of 78, of 80, of 89, of 90, of 91, 135 Constitutions, and also the previous resolutions, and uses all existing methods of legal interpretation.

3. According to Art. 80 of the h. (4) Constitutions "the same person more than two terms in a row cannot hold position of the President of the Republic of Moldova".

This constitutional regulation has imperative character and in a row presidential mandate does not allow person to perform more than two terms. The constitutional court considers that in the aspect requested in the address provision of Art. 80 of the h. (4) Constitutions are shown by the complete content only in combination with the constitutional provisions concerning temporary fulfillment of duties of the President and term of office of the President.

Art. 91 of the Constitution based on which the acting president performs the powers, provides the following: "If the position of the President of the Republic of Moldova becomes vacant or if the President is discharged of position or cannot temporarily fulfill the duties, temporary execution of its obligations is assigned to the Chairman of the parliament or the Prime Minister in the specified sequence."

Thus the constitutional legislator fixed by the accurate and limiting provisions circumstances of establishment of temporary fulfillment of duties of the President of the Republic of Moldova.

Position of the President of the Republic of Moldova according to Art. 90 of the h. (1) Constitutions there are vacant in case of the expiration of powers, resignations, discharges from position, final impossibility to fulfill the duties or death.

According to Art. 135 of the h. (1) the item f) Constitutions the Constitutional court states the circumstances justifying temporary fulfillment of duties of the President of the Republic of Moldova.

The constitutional court notes that the status of the acting president is temporary, its main position, depending on case, either the Chairman of the parliament, or the Prime Minister. For fulfillment of duties of the President it has neither the mandate of the people, nor the mandate of Parliament. In this context notes also that the purpose of temporary fulfillment of duties of the President - providing continuity of implementation of powers of the head of state which, owing to their special nature, do not allow breaks.

According to Art. 77 of the Supreme law the President of the Republic of Moldova is head of state, it represents the state and is guarantor of sovereignty, national independence, unity and territorial integrity of the country.

The constitutional court emphasizes that the constitutional legislator established accurate regulations on election of the President of the Republic of Moldova. So, according to Art. 78 of the h. (1) and h. (2) Constitutions, the President of the Republic of Moldova is elected by Parliament secret vote. The citizen having the right to choose, who reached 40-year age, living or living in the territory of the Republic of Moldova at least 10 years and knowing state language can be elected the president of the Republic of Moldova.

For person providing temporary fulfillment of duties of the President of the Republic of Moldova, the Constitution does not provide similar provisions that testifies to other status of this person.

Art. 80 of the h. (1) determines Constitutions that the President of the Republic of Moldova is elected for four-year term and enters position from the date of bringing of the oath. Thus, the term of office of the head of state begins from the date of bringing of the oath, after elections in the conditions provided in Art. 78 of the h. (1) - h. (4) Constitutions.

Election results of the President of the Republic of Moldova according to Art. 79 of the Constitution, are recognized valid the Constitutional court. The candidate whose election as acknowledged valid, brings the oath before Parliament and the Constitutional court.

This procedure is not applied to the acting president of the Republic of Moldova. So, implementation of the presidential mandate is result of expression of will of Parliament, and temporary fulfillment of duties of the President is provided based on the constitutional provisions of Art. 91 in combination to Art. 90 of the h. (1).

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