Constitutional Court rules it is within Parliament’s competence to choose presidential election date

It is within the competence of Parliament to select the date of the presidential elections, the Constitutional Court said Tuesday, after examining Article 90 of the Constitution at the request of Communist lawmakers. The MPs asked the court to rule if the term of two months of the date the post of head of state falls vacant, which is stipulated in the Constitution, is applicable when the post is held on an interim basis, Info-Prim Neo reports. According to the judges, Article 90, paragraph 4 of the supreme law says the period of two months is applicable only when the President of Moldova leaves the post. In other cases, only the legislative body can decide when to hold presidential elections. “It is the exclusive right of the legislature. If the Constitutional Court had given terms, it would have allowed experts in constitutional law to say that the Court exceeded its authority,” said the Court’s president Dumitru Pulbere. He also said that the Parliament will have to adopt a new law to fill the gaps in the Constitution. The Court will request the legislative body to formulate amendments in this respect. At the same time, Dumitru Pulbere said the legislature should hold the presidential elections within a reasonable time frame, of not more than 2-3 months. The Parliament’s representative Ion Creanga said the procedure for electing the head of state will last for more than 2-3 months. MP Sergiu Sarbu, the representative of the PCRM, expressed his regret at the Court’s decision. “The Parliament’s decision on the issue will be subjective and politicized,” he stated. The request to interpret Article 90 of the Constitution was made by Communist MPs Sergiu Sarbu and Artur Reshetnikov. According to the Communist parliamentary group, the procedure for electing the President should be commenced two month after the date Marian Lupu took over the post on an interim basis.

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