The constitutionality of the ratification of the Association Agreement with the EU derives from the Declaration of Independence, which is the constitution document of Moldova by which the state expressed its wish to establish relations with the European countries in all the areas. This is the Constitutional Court’s argumentation for declaring the Association Agreement with the EU as constitutional, IPN reports.
Under the Court’s motivation, the Declaration of Independence marked the rupture with the Soviet totalitarian system of values and the reorientation of the new independent state to the European democratic system of values. The orientation to this system is a defining element of the constitutional identity of the Republic of Moldova. Thus, the European integration of Moldova corresponds to the constitutional identity of Moldova and any other opposite orientation is a priori unconstitutional.
As regards the presumed violation of the national sovereignty, the Court held that the delegation of certain powers to the international institutions does not mean violation of sovereignty. When becoming a party to an international treaty, the state concedes certain powers within the limits set by the international regulations. The membership in the United Nations, the Council of Europe or the European Court of Human Rights would also mean violation of Moldova’s sovereignty as the state is obliged to obey the decisions of these international institutions.
The Court ruled that the Association Agreement does not imply Moldova’s entry into the EU. It substantiates the cooperation between Moldova and the EU. Moreover, the accession to the EU by a state also does not represent violation of the sovereignty, not speaking about the association, which is not an integration form.
The Constitutional Court’s decision is definitive and comes into force when it is adopted. It is published in the Official Gazette of the Republic of Moldova. Moldova signed the Association Agreement with the EU on June 27. On July 2, Parliament ratified this accord.
