Moldova’s President remains in office until newly elected President is sworn in, Constitutional Court

The President of the Republic of Moldova holds office until the newly elected President is sworn in. A judgment to this effect was passed by the Constitutional Court of Moldova, which declared inadmissible President Nicolae Timofti’s request for interpretation Article 90, par.(1) in conjunction with Articles 80, par. (1) and par. (2) and 91 of the Constitution as inadmissible, IPN reports.

The author of the application lodged with the Court asked to interpret the Constitution’s articles that refer to the occurrence of the vacancy of President. Nicolae Timofti also asked when his term that started when he was sworn into office, on March 23, 2012, expires given the provisions of the Constitutional Court’s Judgment of March 4, 2016, which restored the people’s right to elect the Head of State themselves.

Examining the admissibility of the application, the Court held that the given provisions were earlier interpreted by the Constitutional Court. Thus, in its Judgment of December 14, 2000, the Court ruled that if the vacancy of President occurs when the term in office expires, the President of the Republic of Moldova holds office until the newly elected Head of State is sworn into office. By the same judgment, the Court held that the office of President is held ad interim only in case of dismissal or resignation, temporary or definitive inability to complete one’s duties or death, by the Speaker of Parliament or the Prime Minister, in the appropriate order.

As no new elements that can determine the amendment of the Constitutional Court’s case law appeared, both the reasoning and the content of the aforementioned judgment remain valid in this case too. Based on the stated reasons, the Court held that the aspects addressed in the application were earlier examined by the Constitutional Court and the application is thus repeated and, therefore, inadmissible.

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