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CC decisions can lead to re-voting of Law on Constitutional Court, opinions


https://www.ipn.md/en/cc-decisions-can-lead-to-re-voting-of-law-on-7978_1005354.html

The latest decisions of the Constitutional Court (CC) may determine the Liberal-Democrats and the Communists to repeatedly pass amendments to the Law on the CC so that the Parliament is empowered to dismiss the constitutional judges who are no longer trusted, consider political analysts Veaceslav Berbeca and Ion Tabara. The two analysts commented for IPN on the CC decision by which the Parliament’s decision to dismiss Corneliu Gurin from the post of prosecutor general was declared unconstitutional.

“The Court’s decision is in line with the interests of the Liberal Party and the Democratic Party. It is evident that the CC is politically biased. It became a political body and can cause surprises similar to the votes of the Liberal Democratic Party and the Communist Party to discharge the constitutional judges,” said Ion Tabarta. He considers that the CC gave reasons for the two parties to act as it became politically involved in the disputes between parties. “Most probably, the PCRM and PLDM will re-vote this law that the head of state returned to Parliament. Or a tougher decision may be taken – to dissolve the Court,” stated Ion Tabarta.

Veaceslav Berbeca is sure that many politicians disagree with this decision of the CC, but they must comply. “There is no way to challenge this decision. I see no way of adopting another decision to dismiss Corneliu Gurin. If the PLDM and PCRM decide to re-vote that law, it can be disputed in court. If it is re-voted, I’m sure that it will be disputed. I think that if it is challenged, the law may be declared unconstitutional,” he stated.

As to the decisions taken by the Court, the analyst said it is hard to realize whether the CC is partial or not. “There are certain decisions that can be considered as being close to the limit of correctness. Some decisions are well-justified, while others leave room for discussion,” said Veaceslav Berbeca.

After April 22, the CC has been permanently criticized by the Lib-Dems. On April 22, the Court decided that the leader of the PLDM Vlad Filat can no longer be Premier as the Government he headed was dismissed on suspicion of acts of corruption. Afterward, the CC declared unconstitutional the presidential decrees by which Deputy Prime Minister Mihai Moldovanu and Minister Anatol Salaru were discharged, at the proposal of the interim Prime Minister, as well as the Government’s decision to dismiss the head of the Forestry Agency “Moldsilva” Ion Ciobanu. The last decision with which the PLDM is dissatisfied is the decision to invalidate the Parliament decision by which Corneliu Gurin was removed from the post of prosecutor general.