The State Secretary of the Ministry of Justice, Mihai Gheorghies, pointed out that the notification does not target the autonomy of Gagauzia, but the mechanisms through which regional authorities can condition the appointment of state officials. According to him, consultation and cooperation are compatible with the Constitution, however, prior agreement or mandatory proposal transforms the duties of central authorities into politically conditioned competencies at the regional level.

The official further stated that the constitutional provision regarding the three-fifths vote for amending the Gagauzia status law represents a procedural guarantee, but does not exclude constitutional control.

In turn, the lawyer of the People’s Assembly of Gagauzia, Iurie Margineanu, stated that the contested norms do not transfer decision-making powers to autonomy, as the appointment and dismissal of the heads of the targeted structures remain exclusively under the jurisdiction of the central authorities. In his opinion, the role of the People’s Assembly and the governor is limited to proposing candidates and does not affect the sovereignty of the state.

The Constitutional Court has connected the notification of the Gagauz People’s Assembly regarding some provisions of the Electoral Code with the one previously submitted by the Ministry of Justice. The GPA contests the norms related to the organization of the electoral authority in the autonomy, while the Ministry of Justice requests the verification of the provisions that assign the Assembly a role in the establishment of the regional electoral body and in the appointment procedures of the leadership of the territorial structures of the Police, SIS and the Justice Directorate in Gagauzia.

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The notification was submitted today, before the session in which the Constitutional Court examines the notification of the Ministry of Justice regarding the constitutional control of some provisions targeting the responsibilities of Gagauzia in the electoral and institutional field.

The People’s Assembly states that the disputed norms affect the status of the regional electoral authority and requests the Constitutional Court to verify their compliance with the provisions of the Constitution and the legal framework regarding the autonomy of Gagauzia.

The Constitutional Court is set to decide on the admissibility of the notification and, subsequently, whether it will examine its substance.

During today’s meeting, APG filed two motions: one regarding the request for an opinion from the Venice Commission and another regarding the suspension of the examination of the case until a decision is made on the referral filed by APG. The Court’s judges have entered deliberations to rule on the motions.

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At the same time, the Court dismisses the criticisms against the adopted decision and emphasizes that the decision was made taking into account the recommendations of the Venice Commission.

According to the institution, the limitation of a political party’s activity can only be ordered in exceptional situations, when there are serious violations, a real and imminent danger, and the risk of irreparable consequences. Also, the Ministry of Justice is obliged to present arguments and evidence to justify such a measure, and the court must verify, on a case-by-case basis, whether all the conditions provided by law are met. The Constitutional Court affirms that the contested provisions are in accordance with the fundamental law, as they respect the principles of legality and proportionality and provide sufficient procedural guarantees.

The President of the Republican Party Heart of Moldova, Irina Vlah, criticized the decision of the Constitutional Court which upheld the provisions of the Law on political parties that allow the exclusion of formations from elections and the restriction of their activities under certain conditions. According to the politician, the decision affects political pluralism and creates premises for possible abuses.

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During a press conference at IPN, the party leader stated that the Republic of Moldova risks straying from democratic standards and even being downgraded in international democracy rankings. She cited the Venice Commission’s opinion from March, which, according to her, states that a party cannot be excluded from elections nor can its activities be restricted solely on the basis of suspicions.

“Excluding a party from elections without proven violations does not mean democracy. Restricting the activities of a party based on fabricated false accusations does not mean rule of law. Ignoring the position of the Venice Commission does not mean European path”, mentioned Irina Vlah.

The leader of the “Inima Moldovei” Party maintains that the Constitutional Court’s decision affects the entire political class and could endanger the principles of free and fair elections, as well as the respect for the presumption of innocence, the right to defense and political pluralism.

Contacted by IPN for a reaction, representatives of the Constitutional Court stated that the institution will return later with a comment.

Note: The IPN Agency grants the right of reply to individuals who consider themselves to be the subject of news reports based on statements made by the organizers of this press conference, including by facilitating the organization of another press conference under similar conditions.

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At a press conference at IPN, Irina Vlah stated that the Constitutional Court’s decision “gives the green light to abuses and anti-democratic arbitrariness”. She referred to the case of her own party, which she claims was excluded from the elections and had its activities restricted based on suspicions that were not confirmed following an audit by the Central Election Commission.

“I have repeatedly stated the position of our political formation: in a state that claims to be democratic and lawful, it is unacceptable for a party to be deprived of the right to participate in elections or have its activity restricted solely on the basis of suspicions”, mentioned Irina Vlah.

The leader of the formation also stated that the decision of the Constitutional Court endangers the organization of free and fair elections, as well as the respect for the principle of the presumption of innocence, accusing that state institutions could be used to decide who can participate in the vote.

When contacted for a reaction, representatives of the Constitutional Court stated that the institution will provide a comment at a later time.

Note: The IPN Agency grants the right of reply to individuals who consider themselves to be the subject of news reports based on statements made by the organizers of this press conference, including by facilitating the organization of another press conference under similar conditions.

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The complaints were filed by deputies Vlad Batrincea, Grigore Novac, and Petru Burduja. They believe that the mechanisms provided in the contested laws would allow the adoption of important decisions in a non-transparent regime. In particular, these would affect the field of privatizations and the management of state property, violating the principle of separation of powers and decision-making transparency norms.

Upon examining the case, the Constitutional Court found that the supreme law does not impose a rigid legal form on the Government for the exercise of legislative initiative, and that protocol decisions can be used to approve draft laws and to endorse amendments.

At the same time, the Court emphasized that the contested mechanisms aim to streamline the executive’s activity and ensure the principle of good governance, without violating constitutional provisions. Therefore, the contested legal norms remain in force.

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The party’s lawyer, Igor Hlopetchi, told IPN that the judges have accepted the Constitutional Court’s notification regarding several legal provisions that allow the restriction of political parties’ activity based on “reasonable suspicions”, without clear evidence of illegal acts being committed. According to the lawyer, these norms are vague and can be abusively applied, including against the political opposition.

Igor Hlopetchi also mentioned that, since the electoral campaign and up to now, the accusations made against the party have not been confirmed, and no criminal proceedings have been initiated against the formation. In this context, the lawyer invoked the case “Political Party Patria and others against the Republic of Moldova”, in which the European Court of Human Rights found a violation of the right to free elections and obliged the state to pay compensation.

The defense clarifies that the purpose of notifying the Constitutional Court is to prevent similar situations. At the same time, it is emphasized that the court’s decision to partially admit the request coincides with the visit of the Venice Commission’s mission, which is to assess whether the contested legal provisions comply with international norms regarding political freedom of association.

The examination of the case remains suspended until the Constitutional Court makes a decision. The resolution deadline is unknown, however, according to the defense, the procedure could take up to six months.

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The decision to refer the matter to the Court was adopted during the CSM meeting, with seven votes in favor and four against. Those who supported the referral argued that the changes were introduced without adequate consultation with the Council and without respecting the principle of decision-making transparency. According to them, the expansion of categories of judges subject to external evaluation, after the approval stage, raises signs of unconstitutionality and could affect the independence of judges.

During the discussions, it was emphasized that, at the Chisinau Court, the panels for corruption cases were constituted ad hoc, from case to case, which could create legal uncertainty regarding the criteria for selecting judges subjected to evaluation. Also, the question was raised about the basis for setting January 1, 2017 as a time reference, considering the uniform application of this date for other categories of subjects.

Some members of the SCM opposed the referral to the Constitutional Court, arguing that the bill was approved by the Council, and the changes are in line with the recommendations of the European Commission. They believed that including judges from the anti-corruption panels does not bring substantial changes compared to the initial version of the project.

However, most members deemed it necessary for the Court to intervene to clarify whether the adoption procedure meets constitutional requirements.

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At the previous meeting, Nicanor Ciochina submitted three requests, two of which were rejected on the same day. However, on Monday, the court granted the request to lift the exception of unconstitutionality. The defense argues that the contested rule would have violated the right to defense, as the court used statements made during the criminal investigation phase.

The mother’s lawyer of the injured teenager, Dorin Podlisnic, criticized the defense’s request, calling it a “legal trick” and an attempt to delay the process. According to him, the examination of the case could be extended by about another six months.

The Constitutional Court is set to determine whether the contested rule is in accordance with the Constitution. The next hearing in the Ciochina case has been scheduled for February 19.

The former mayor of Bolduresti is accused of fatally hitting a 14-year-old local boy with his car in February 2024, and allegedly fled the scene. Subsequently, he is said to have tried to cover up the traces of the crime.

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At today’s meeting in the case where the former head of the parliamentary legal department, Ion Creanga, is accused of treason, the case prosecutor stated that the arguments put forward by the defense have no procedural basis. Dumitru Ștefîrță pointed out that “it was indicated that “Chelu” had diplomatic immunity and that the Vienna conventions were not respected, which is absolutely unjustified, and “Chelu” was not even searched”.

Following deliberations, the court rejected the defendant’s motion, qualifying the request as being unfounded.

The prosecutor further requested the completion of the judicial investigation and moving on to the debates, but the defense stated that some video evidence had not been viewed. Therefore, the prosecutor’s request was rejected by the court.

Ion Creanga is accused of treason and conspiracy against the state. According to prosecutors, during the period of 2023-2024, he allegedly maintained correspondence and clandestine meetings with an assistant to the military attaché of the Russian Federation Embassy in Chisinau. The former head of the Legal Department of the Parliament was detained in July 2024, when he allegedly received 500 dollars from a Russian official.

At present, Ion Creanga is under judicial control. The next court session is scheduled for December 26. Ion Creanga pleads not guilty.

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