The Constitutional Court (CC) followed a wrong path when it unjustifiably declared the Shor Party unconstitutional and this led to the appearance of additional bills that need to clarify the emerging questions, political pundit Cornel Ciurea stated in IPN’s public debate “Parties between rights, responsibilities and unconstitutionality”.
The bill to implement aims contained in the Constitutional Court’s judgment No.10/2023, by which the Shor Party was declared unconstitutional, and that was already given a first reading on July 14, 2023, generated discussions, but the big dilemma is related to the ban on running in elections, which is imposed on particular categories of persons, said the expert.
Cornel Ciurea noted that the liquidation of a party was addressed by the Constitutional Court in an incorrect manner. “It was logical to follow another formula, called the dissolution of a political party, or the unconstitutionality formula should have been applied, but in strict compliance with Article 41 of the Constitution, paragraph 4, which clearly says that “the parties and other sociopolitical organizations that, by their goals or activities, plead against political pluralism, the rule of law principles, the sovereignty and independence and territorial integrity of the Republic of Moldova are unconstitutional,” said the expert.
As to the possibility of dissolving, liquidating a party by two ways – through court and through the Constitutional Court – which is offered by the CC’s judgment, Cornel Ciurea said the CC didn’t invent anything new and only followed the existing legal framework.
“There are two major ways based on external action, which are stipulated in the law on political parties – one way is to declare unconstitutional and this was done, but in an incorrect manner, and the other way is for the Ministry of Justice is to launch a complex procedure for punishing and, eventually, liquidating political parties by court decision.”
Cornel Ciurea noted that the Shor Party will look for ways to come to power and can succeed, judging by polls and by the trends in society, but will not use its own symbols. The political dexterities in Moldova will reach an apogee as this is what the government pushes the politicians to do.
The public debate entitled “Parties between rights, responsibilities and unconstitutionality” was the 286th installment of the series “Developing Political Culture through Public Debates” that are staged by IPN News Agency with assistance from the Hanns Seidel Foundation.
