Experts say Constitution could be modified during a year

Experts consider the Constitution of Moldova could be changed during a year so as to overcome the political crisis and elect the head of state, Info-Prim Neo reports, quoting Radio Free Europe. [Professor Victor Popa, Doctor Habilitate of Constitutional Law] said when the Constitution was modified in 2000 to change the government regime from semi-presidential into parliamentary, it became clear the provision that the President of Moldova is elected by 3/5 of votes was a ‘bomb’ placed under the country’s political system that will explode sooner or later. “This bomb went off after the parliamentary elections of April this year. The consequences are suffered by the people. During a year, the situation has been unstable. We do not have a President. The Parliament is also unstable and the Government will be disbanded if the head of state is not elected.” According to Victor Popa, the possible constitutional reform finds justification and argumentation in the international practice. “In Germany for example, the head of state is elected by a majority of votes by the MPs of the Bundestag and the representatives of the local legislative bodied. In Italy, the President is elected by 2/3 of votes, but in the third round the head of state is voted in no matter how many votes were cast in favor of the candidate. In Greece, if the President is not elected by 2/3 of votes by two rounds, the Parliament is dissolved. But the new Parliament elects the head of state by a majority of votes. Thus, many states decrease the majority in the second and third rounds so as to be able to elect the head of state. It is a normal thing for any democracy.” [Independent expert Vlad Lupan] said the necessity of modifying the legislation usually appears in moments of crisis. “The Constitution of 1994 was prepared for a semi-presidential republic. Things changed in 2000, when the country was transformed into a parliamentary republic by only one article. The essence was not modified. The political crises that followed generated the necessity of modifying the Constitution. Why now? Because a large part of the political class and the specialists in the field are in favor of this.” [Politologist Corneliu Ciurea, expert in identifying hotbed s of social and political conflicts] said there should be formulated a clear plan for modifying the Constitution. “The way in which the referendum will be held today will not enable us to change the Constitution. The turnout must be 60%, while for the referendum to be declared valid there are needed 50% plus one vote. Currently, this is impossible. The amendment of the Constitution will entail the modification of the Election Code so as to decrease the threshold. This can be done only if the society and the political parties are in favor of this. According to Victor Popa, the new Constitution can be presented for public debates in a month or two. Different national and international institutions are to give their consent. Afterward, the Parliament will start examining the draft Constitution and a referendum is to be held within the period specified in the Election Code. Vlad Lupan said the Election Code should be modified first because the Constitution cannot be amended by the Parliament. “This can be done by referendum or by collecting signatures. From practical viewpoint, the new Constitution can be ready in half a year and adopted in a year. Why should we have early elections if we can modify the Constitution and elect the head of state?” Corneliu Ciurea stressed the political parties that formed the government coalition should remember what they promised during the election campaign. “All the parties that formed the government said they want a President elected by the people. The emphasis is now changed and they want that the head of state be elected in continuation by the Parliament, by a smaller majority. To my mind, this is disputable at least.”