Democracy is a value that must be protected every day, Alexandru Tanase

{ Info-Prim Neo interview with Constitutional Court President Alexandru Tanase} [ - On July 29, our Constitution comes of age. How mature is Moldova's Supreme Law, considering that a number of politicians want it amended?] - Social relations are permanently developing and evolving. The Constitution should be always up to date and in correspondence with the social relations and realities. Thus, all the constitutions in the world need to be periodically reviewed, amended or even replaced, so that they are in agreement with the social relations they are meant to govern. And Moldova is not an exception. Our Constitution was adopted in a period when we were taking the first steps on the path of building a state, without having much experience in this regard. Thus, it should be no surprise that some instruments in the current Constitution don't work as they should. The Constitution may be revised only when revisory limitations are respected. The provisions concerning the sovereign, independent and unitary nature of the state, as well as those concerning the state's permanent neutrality may be revised only through approval in referenda, that is, with the majority vote of the people. It is also important to note that no revision can be done if it results in a suppression of fundamental human rights and freedoms or safeguards. [ - What does a Constitution mean to a nation? What does the Moldovan Constitution mean to the Moldovans?] - The Declaration of Independence and the Constitution are two fundamental acts for our country. The state of Moldova was built on the principles laid out in the Declaration of Independence and which are entirely enshrined in the Constitution. Among the principles which our Constitution affirms as supreme values are the unitary and indivisible nature of the state, the rule of law, justice, political pluralism, democracy, and respect for human rights and freedoms. The Constitution of Moldova represents the existential philosophy of our country from which we must not depart. The fundamental mission of the Constitution is to ensure democracy and social harmony, which are impossible to achieve without ensuring the rule of law and unconditional respect for constitutional rights. [ - Since the Eurointegration Alliance came to government, the Opposition has regularly accused it of violating constitutional standards...] - Political discourse is not always based on evidence or arguments. Everywhere around the world, speculation and manipulations are part of the arsenal of political competition, and this is especially true in the relation between government and opposition. In this regard, Moldova is no exception. So, political discourses should be left to the domain of politics and treated as such. Just like the citizen is the only one to judge politicians, so is the Constitutional Court the only institution with the authority to say whether constitutional norms were violated or not. [ - Still, are these allegations valid to any extent? Have our political leaders showed disrespect for the Supreme Law?] - The Constitutional Court spoke trenchantly every time it found the Constitution to be violated. In recent years, we declared unconstitutional a number of important documents adopted by the Government and Parliament. In most such cases, it was not an issue of disrespect. Rather it was an erroneous understanding of some constitutional provisions. However, it is most certainly disrespect for the Constitution when politicians undermine the authority of the Constitutional Court by railing at it every time a decision is pronounced which goes against their political interests. [ - Returning to the issue of constitutional amendments, do we have national experts who are competent enough to develop such amendments and who are not susceptible to political influence, or should we invite international experts?] - We are not a banana republic to have foreigners draft our Constitution. We have enough competent jurists here in Moldova who could help politicians draft potential amendments. However, any such bill should be sent to the Council of Europe to be checked for inconsistencies with the principles of a democratic state. The problem is not the incapacity of our jurists to develop constitutional bills, but rather the incapacity of our politicians to reach a mutual understanding on some fundamental constitutional issues. When this political compromise is found, drafting such a bill will become a technical matter. [ - What would you like to tell the nation on Constitution Day?] - Democracy is a value that must be protected every day. Therefore, I would like to encourage every citizen of our country to contribute to building a society governed by justice and truth and cherish the Constitution of Moldova! [Mariana Galben, Info-Prim Neo]