Premier challenges constitutionality of suspending Cabinet members during election campaign
https://www.ipn.md/en/premier-challenges-constitutionality-of-suspending-cabinet-members-during-electi-7965_985770.html
Prime Minister Vlad Filat requested the Constitutional Court to rule on the constitutionality of Article 13 of the Election Code as the legal norm obliging suspending the Cabinet members for the period of the election campaign runs counter to Article 103 of the Constitution. Article 103 defines the principle of continuity of the power of the Cabinet, whose mandate expires when a new Government is formed, Info-Prim Neo reports, quoting the executive's press service.
The challenge says the right to elect and be elected is a fundamental one and any arbitrary limitation of this right is inadmissible. As there is no clear restriction banning the members of the Cabinet from running for MP, all or most of the ministers can take part in the legislative elections.
The Premier says the obligation for the Cabinet members to quit their posts for a period can deprive the Government of the right to adopt decisions, as the quorum will not be present.
“We consider that the invoked arguments can serve as a reason for declaring the syntagmas “deputy prime minister”, “minister” and “ex officio member of the Government” as non-constitutional,” reads the challenge.
The Prime Minister asked examining the matter as an urgency given that the election campaign has started and in order to ensure the continuity of power now that the Parliament has been dissolved.