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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 24, 2015 No. 29

About interpretation of part (1) and parts (4) article 85 of the Constitution of the Republic of Moldova (dissolution of Parliament) (Address No. 44b/2015)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop, judges,

with the assistance of the secretary of meeting Sorin to Muntyan,

in view of the address provided and registered on November 6, 2015

having considered the specified address in open plenary meeting,

considering acts and case papers,

having held meeting behind closed doors,

issues the following decree.

Points of order

1. The address of deputies of Parliament Igor Dodon, Korneliu Furkulits and Adrian Lebedinsky brought into the Constitutional court on November 6, 2015 according to provisions of Article 135 of the h formed the basis for consideration of the case. (1) item b) Constitutions, Article 25 of the item g) Law on the Constitutional court and Article 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about interpretation of the h. (1) and h. (4) Art. 85 of the Constitution of the Republic of Moldova.

2. Authors of the address ask the Constitutional court to give interpretation of the h. (1) and h. (Article 85 and to explain 4):

"1. What the termination of the three-months term provided by the Constitution for forming of the new Government in the last six months before the expiration of powers of the President of the Republic of Moldova implicates?

2. In particular, what procedure is applied in this case and in what time the Parliament can be dismissed?"

3. Determination of the Constitutional court of November 17, 2015, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinion of Parliament and the President of the Republic of Moldova.

Actual circumstances

5. Part (1) article 85 of the Constitution determines circumstances under which the President of the Republic of Moldova has the right to dismiss Parliament, namely, in case of impossibility of forming of the Government or blocking of the procedure of adoption of the laws within 3 months.

6. According to part (2), the Parliament can be dismissed if it did not express vote of confidence to the Government in 45-day time after introduction of the first offer, and only after offer variation at least two times.

7. At the same time part (4) provides that the Parliament cannot be dismissed in the last six months before the expiration of powers of the President of the Republic of Moldova, except for the case provided by part (5) Articles 78, and also during action of emergency, obsidional or warlike situation.

Applicable legislation

8. Applicable provisions of the Constitution (M.O., 1994, No. 1):

Article 1. State Republic of Moldova

"(1) the Republic of Moldova – the sovereign and independent, single and indivisible state.

[…]

(3) the Republic of Moldova – the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed".

Article 6. Separation and interaction of the authorities

"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions".

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 78. Presidential elections

"(1) the President of the Republic of Moldova is elected by Parliament secret vote.

(2) 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.

(3) the candidate who recruited the elected deputies three fifth voices is considered the Electee. If any of candidates did not gain necessary number of votes, the second round of vote on the first two candidates established in decreasing order of poll, received in the first round is held.

(4) If in the second round of vote any of candidates did not gain necessary number of votes, repeated elections are held.

(5) If after repeated elections the President of the Republic of Moldova is not elected, the incumbent president dismisses Parliament and appoints date of elections of new Parliament. (6) the Procedure of election of the President of the Republic of Moldova is established by the organic law".

Article 85. Dissolution of Parliament

"(1) in case of impossibility of forming of the Government or blocking within three months of adoption of the laws the President of the Republic of Moldova after consultations with parliamentary fractions has the right to dismiss Parliament.

(2) the Parliament can be dismissed if it did not express vote of confidence to the Government in 45-day time after introduction of the offer, and only after offer variation at least two times.

(3) Within one year the Parliament can be dismissed once.

(4) the Parliament cannot be dismissed in the last six months before the expiration of powers of the President of the Republic of Moldova, except for the case provided by part (5) Articles 78, and also during action of emergency, obsidional or warlike situation".

Article 103. Termination of powers

"(1) the Government performs the powers before recognition valid elections of new Parliament.

(2) in case of expression of non-confidence vote by Parliament to the Government, resignations of the Prime Minister or in the case provided by part (1), the Government before bringing of the oath by members of the new Government performs only management functions by public affairs".

9. Applicable provisions of the Law No. 64 of May 31, 1990 on the Government (M.O., 2002, Art. No. 131-133, 101):

Article 71. Functions of the operating (dismissed) Government

"In case of expression of non-confidence vote by Parliament, resignation of the Prime Minister or elections of new Parliament the operating (dismissed) Government before bringing of the oath by members of the new Government performs only management functions by public affairs.

The main functions of the operating (dismissed) Government:

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