The Constitutional Court didn’t accept the application of Socialist MPs Grigore Novac, Vasile Bolea and Alexandr Suhodolski to determine the constitutionality of Law No. 151 of October 4, 2018 concerning the sale of the site of the former Republican Stadium to the United State for construction of a New Embassy Compound, ruling this is inadmissible, IPN reports.
The authors said the challenged law was adopted by Parliament by ignoring the President’s relevant constitutionality objections. The temporary removal of the President from office owing to the non-fulfillment of the constitutional obligation to promote Law No. 151 of October 4, 2018 was a procedure that was later classed by the CC, by its decision of August 6, 2020, as not in accordance with the Constitution. In the period, the Court was ‘captured’ and the legitimacy of its members was reprovable. Also, when Law No. 151 of was adopted, the US already had an Embassy Compound.
The CC held that Law No. 151 of October 4, 2018 was earlier subject to constitutionality control from the perspective of similar criticism and an inadmissibility decision was pronounced on November 29, 2018.
The Court reiterated that the Republic of Moldova, under article 21, par. (1) of the Venice Commission concerning diplomatic relations, as an accredited state is obliged to facilitate the purchase of compounds by the accrediting state on its territory or to help this buy compounds in another way, in accordance with the legislation.
The CC noted that its decision No. 23 of August 6, 2020, by which it held that the mechanism for the temporary suspension of the President is not based on the Constitution, produces effects for the future only and does not have a retroactive effect.
As to the ownership right of private individuals or legal entities with eventual property situated on the site of the former Republic Stadium, the Court held the challenged law refers exclusively to the 5.1814 ha lot situated at 12 Tighina St that belongs to the state Republic of Moldova and the application authors didn’t prove that the disputed law affects the ownership right of any person.
CC judge Vladimir Țurcan formulated a declaration of abstention before the Court as he took part in the adoption of the challenged law as an MP.
On July 29, the Constitutional Court is to examine three more challenges concerning the Republican Stadium filed by MPs of the Democratic Party, the Party “Dignity and Truth Platform” and the Party of Action and Solidarity, who disputed the law adopted by the parliamentary majority consisting of MPs of the Party of Socialists and the For Moldova Platform on December 3, 2020 by which the law of 2018 that authorized the sale of the site of the former Republican Stadium to the United State for construction of a New Embassy Compound was revoked.
