Lucinschi, blamed for Constitional faults
President Petru Lucinschi is guilty that Moldova has an unclear government form, maintain lawyers having participated in drafting the Moldovan Constitution.
“During the last stage of the adoption of the Constitution, Lucinschi, the then speaker of the Parliament, replaced president Mircea Snegur as chairman of the drafting committee. He modified two chapters and now Moldova has an unclear form of government,” said Nicolae Osmochescu, a former judge with the Constitutional Court and an author of the Constitution, at a symposium called “Moldova's Constitution – achievements and problems,” held on July 27.
Osmochescu went on saying that after Lucinschi became the chairman of the drafting committee, the provision that Moldova was to become a presidential republic was erased. Then other modifications followed, the key one being the election of the president by the parliament. After all the amendments, Moldova became not a parliamentary republic, but a super-presidential one, since the president assumed more rights than provided by the Constitution, Osmochescu stated.
In the view of university professor Andrei Smochina, in 1993, when the Constitution was drafted, they failed to legitimize that the Parliament is not the last arbiter, that this right exclusively rests with the Constitutional Court (CC). “The CC's decisions must be compulsory for the Parliament.”
“After Lucinschi came in, the most brilliant minds from the drafting commissions were ousted, as people having nothing in common with this work were brought in,” stated a co-author of the Constitution, Boris Negru.
Referring to the gross violations of the Constitution recorded these years, lawyer Anatol Plugaru has said the right to vote of about 1/5 of the population is violated, included the people living in Transnistria. Voting for small parties or independent candidates, without chances to pass over high thresholds, this people remain unrepresented in the Legislature. Plugaru considers as adequate the policy of some countries to oblige citizens to go to polls.
The symposium attendees have said that, under the Constitution, the acting head of the state may not have been elected nor confirmed as a speaker of Parliament, given the incompatibility expressly provided in the law. Moreover, the mandate of MP Vladimir Voronin should not even have been validated by the CC, given the interdiction for the president to occupy any other remunerated job.
The Moldovan Constitution was adopted on July 29, 1994.