The referendum of October 20 is aimed at introducing in the Constitution of the Republic of Moldova provisions that will enshrine the European integration as a strategic objective of the state and will emphasize the European identity of the Moldovan people. The amendments do not affect Article 142 of the Constitution, which regulates the conditions for amending other constitutional provisions, including those relating to sovereignty and neutrality. Accession to the European Union does not imply either limitation of sovereignty or renunciation of the neutrality status of the Republic of Moldova. Only in the case of union with another state or accession to a military alliance will it be necessary to revise the Constitution with the participation of at least half of the citizens.
The clarifications were made by Polina Panainte, secretary of the Civic Coalition for Free and Fair Elections (CALC) and program director of the ADEPT Association, who was contacted by IPN for a comment in the context of discussions about the referendum and assertions that the plebiscite would represent a threat to the state’s sovereignty and that its validation would require the participation of at least half of the voting-eligible citizens, not only a third, as it is stipulated.
“The sovereignty of the Republic of Moldova belongs to the people, according to Article 2 of the Constitution. This article is not subject to modification by the referendum of October 20. On the contrary, the people, as holders of sovereignty, are invited to pronounce on the inclusion in the Constitution of provisions aimed at European integration, an objective that has been constantly promoted by all governments since independence,” said the CALC secretary.
Polina Panainte noted that the alignment of the Republic of Moldova with the standards and policies of the European Union is not something new. Since 1994, the Republic of Moldova has concluded and implemented a series of agreements with the EU, without affecting the sovereignty of the state. In 1994, the Parliament, with the majority held by the Agrarian Democratic Party of Moldova, ratified the Partnership and Cooperation Agreement with the EU. In 2005, the ruling Party of Communists signed the EU-Moldova Action Plan, and in 2014, the Alliance for European Integration ratified the Association Agreement with the EU. All these stages contributed to European integration, without raising suspicions about the encroaching on the sovereignty of the state.
Moreover, Article 8 of the Constitution stipulates that the Republic of Moldova undertakes to respect treaties to which it is a party. The entry into force of an international treaty containing provisions contrary to the Constitution will have to be preceded by a revision of it. This provision, which has existed for years, never generated debates on a possible infringement of the state's sovereignty, the expert said.
“The referendum of October 20 does not call into question the sovereignty of the Republic of Moldova. On the contrary, European integration, as a strategic objective, is a path that our state has consistently followed over the years, without compromising national sovereignty. The opinion of the Constitutional Court supports this fact as this notes that the Republic of Moldova will remain a sovereign entity, with the right to denounce international treaties when it no longer wishes to be a party to them, according to the 1969 Vienna Convention. Therefore, the citizens are encouraged to participate in the referendum, aware that the sovereignty and rights of the state are not endangered,” stated Polina Panainte.
