If the state of incompatibility of the MP continues to exist when the time limit set by the law expires, the MP is considered discharged. The tenure of an MP expires when the legal limit by which the situation of incompatibility is to be removed expires. The Constitutional Court (CC) pronounced on the issue following a challenge filed by Socialist lawmakers, who asked interpreting a number of legal provisions concerning the incompatibility of the seat of MP, IPN reports.
The CC held that until the legal time limit by which the situation of incompatibility is to be removed expires, the lawmaker can choose between the seat of MP and the post that generates the incompatibility and should resign from one of the posts. If the MP decides to vacate the seat of MP, the tenure expires when the resignation is tendered. Parliament is informed about the resignation so that it declares the seat vacant.
If a new Parliament is formed and members of the outgoing Cabinet are named as MPs, these can hold the posts simultaneously until the members of the new Cabinet are sworn in.
The CC’s decision is definitive and takes effect when it is published in the Official Gazette of the Republic of Moldova.
