The Constitutional Court is examining the legality of the decree to institute the Soviet Occupation Day on June 28, issued by Acting President Mihai Ghimpu. The decree was challenged by the Communists Party (PCRM). The hearing is attended by Mihai Ghimpu, Info-Prim Neo reports. The PCRM considers the acting head of state misused his power when he signed the decree, violating 13 articles of the Constitution. The PCRM's jurist Sergiu Sarbu said Mihai Ghimpu could not make a decision as regards the day of June 28, 1940 by himself as many people consider it was not an occupation, but liberation day. The Communists accuse Mihai Ghimpu of interfering in the internal policy of the state institutions and in the foreign policy as he demanded that Russia pull out its troops from the Transnistrian region. The Presidential Office's representative at the Constitutional Court Mariana Secareanu said the PCRM submitted the challenge after the decree had been published in the Official Gazette and made reference to other articles of the Constitution that show the decree is constitutional. Mihai Ghimpu said the PCRM's challenge contains political statements and is not based on reasons. “The foundation of the Moldovan Autonomous Soviet Socialist Republic in Moscow on June 28, 1940 represented occupation. The Academy of Sciences of Moldova also considers it was occupation. The collectivization and deportations show it was occupation, not liberation,” the acting head of state said, stressing the President is obliged to obey the decree, while the local authorities are free to choose whether to observe it or not. Mihai Ghimpu presented the decree to condemn fascism issued by the former Communist head of state Vladimir Voronin. He said that if his decree on June 28 is condemned, Voronin's decree should be also condemned. The Government's representative at the Constitutional Court, Deputy Minister of Justice Oleg Efrim said the executive considers the PCRM's challenge is unfounded and the Court should stop examining it. “The decrees only reminds ascertained facts,” he said, referring to Moldova's declaration of independence. Mihai Ghimpu issued the decree to declare June 28 the Soviet Occupation Day on June 24. On June 28, 2010 it was 70 years since Moldova became part of the Soviet Union. The PCRM's challenge was to be examined on July 8, but Mihai Ghimpu asked postponing the hearing as he was to attend the Parliament's sitting the same day. When the news story was published, the Constitutional Court was in deliberations.