The decision was announced on Thursday following the examination of two notifications regarding the constitutional control of some provisions from the Law on the special legal status of Gagauzia, the Law on police activity, and from the Electoral Code.

The court has admitted the notification submitted by the Minister of Justice, Vladislav Cojuhari, and declared unconstitutional the provisions of the Law on the special legal status of Gagauzia that gave the People’s Assembly the competence to approve the composition of the Central Electoral Commission of the autonomy. At the same time, several articles from the same law were annulled.

Also, the constitutional magistrates declared unconstitutional the provision from the Law regarding the police activity, which established that the head of the police in Gagauzia is appointed at the proposal of the Bashkan and with the agreement of the Popular Assembly. Several provisions from the Electoral Code, which regulated the establishment of the “Central Electoral Council of Gagauzia” based on local legislation, were also annulled.

At the same time, the Court declared inadmissible the notification submitted by the Popular Assembly of the Gagauz Territorial Autonomous Unit, which requested the verification of the constitutionality of several provisions in the Electoral Code related to the “Central Electoral Council of Gagauzia”, as well as some provisions regarding electoral competitors.

The Constitutional Court announced that it has also issued an address to the Parliament, requesting the adjustment of legislation in accordance with the adopted resolution.

The decision of the Court is final, it cannot be contested, it comes into effect on the date of adoption and is to be published in the Official Gazette.

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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 Ministry of Justice contests provisions that grant the Gagauz People’s Assembly powers in approving the composition of the region’s electoral body, as well as in the appointment procedures of the leadership of certain territorial structures of the Police, Information and Security Service, and the Justice Directorate in Gagauzia.

The authors of the complaint argue that these norms contravene the Constitution, as they allow the involvement of a local authority in exercising duties that fall under the exclusive competence of state institutions. According to the Ministry of Justice, Gagauzia’s autonomy must be exercised within the limits of the Constitution and cannot affect the functioning of national authorities in areas such as security, public order, justice, and the organization of elections.

In the argumentation of the notification, the jurisprudence of the Constitutional Court is also invoked, including the decision from April 2025, which declared unconstitutional provisions regarding the involvement of the People’s Assembly in the appointment of the chief prosecutor of the UTA Gagauzia Prosecutor’s Office.

The referral to the Constitutional Court comes in the context of the electoral deadlock in Gagauzia, following the expiration of the Popular Assembly’s mandate at the end of 2025. The elections have been postponed repeatedly due to a dispute concerning the Popular Assembly’s right to approve the composition of the regional electoral body, with Comrat insisting on the creation of its own Central Electoral Commission, while the Electoral Code provides for the constituency electoral council.

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According to ANRE, some manufacturers who received the status of eligible producer in 2020, 2022 and 2023 have not built and put into operation the power plants within the established timeframe. In other cases, equipment was used that does not meet legal requirements or the electricity was sold under different conditions than those stipulated in the contract.

Therefore, the total capacity withdrawn from the support scheme is 22,03 MW.

ANRE clarifies that, with the withdrawal of the status, the performance guarantees deposited at the time of its confirmation will be transferred to the state budget. Through these measures, the authority aims to ensure strict compliance with regulations and to maintain a transparent and fair mechanism.

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