The Constitutional Court gave a negative appraisal to the initiative to review Articles 78, 85, par. (4) and 89 of the Constitution concerning the method of electing and dismissing the President of the Republic of Moldova, following an application submitted by the Liberal Democratic Party and the Party of Socialists, IPN reports.
The bill provides for the election and dismissal of the head of state by universal, equal, direct, secret and freely expressed vote.
The Court ruled that the legislative amendment to review the Constitution cannot be submitted to Parliament for examination. A bill to review the Constitution must not only refer to the method of electing and dismissing the head of state, but should also provide answers to key problems, including to make a clear choice for a system of government, specify the prerogatives of the President, Prime Minister and Parliament and introduce the principle of mutual respect and loyal cooperation between the state powers in the set of principles based on which the constitutional system of the Republic of Moldova was created.
The Constitutional Court said that even if it is presented by the authorized subject, the Constitution amendment proposal violates the limits set by Article 142 of the Constitution because the amendment to Article 89, concerning the authorizing of the Supreme Court of Justice to ascertain the commission of serious violations that infringe the Constitution by the head of state, is unconstitutional.
The Court’s appraisal is definitive and cannot be challenged. It takes effect when it is adopted and is published in the Official Gazette of the Republic of Moldova.
