The decision of the Constitutional Court (CC), according to which the text of the Declaration of Independence prevails over the text of the Constitution, gives constitutional value to the Declaration of Independence and such an approach is correct as this act gave birth to the Republic of Moldova. At the same time, the decision is incorrect and generated a state of confusion with long-term effects in society. Such opinions were stated by experts in the program “Politica” on TV7 channel, IPN reports.
Constitutional law expert Vitalie Catana said the CC’s approach is correct as the Republic of Moldova was created based on the Declaration of Independence. In Moldova they sometimes adopt constitutional texts based not on principles, but on political interests. A relevant example is the amendments made to Article 78 of the Constitution, by which the method of electing the head of state was changed. “There must be an instrument by which to intervene as there are provisions that run counter to the Constitution. We must accept that they must be changed. The CC’s decision forms part of such a practice,” said the expert.
Former president of the Constitutional Court Victor Puscas said the CC’s decision interprets the Constitution and cannot institute new law norms. But the constitutional norm must be explained. “Now the Constitutional Court explained the Declaration of Independence and didn’t act correctly. The Constitution includes all the positions that had legal value at that time. The declaration on Moldova’s sovereignty was obligatory for the Constitution, but now we are in an unclear situation,” he stated.
According to him, the legal effects of this decision imply the revision of Article 13 of the Constitution by the Parliament’s vote or by referendum.
Expert of the Center for the Analysis and Prevention of Corruption Mariana Kalughin said the Constitutional Court provides now unclear solutions as the decision must be implemented, but nobody knows how. Any decision that is to be carried out must be written competently and clearly. But the Court didn’t offer a solution for implementing this decision, which is irrevocable.
Expert Igor Botan, director of the Association for Participatory Democracy ADEPT, underlined that when such interpretations of the Constitution are made, their implications must be clear. According to him, the legal effects of the CC’s decision are unpredictable and of a long term.
On December 5, the Constitutional Court interpreted Article 13 of the Constitution, which says that Moldovan is the official language. It decided that the text of the Declaration of Independence, which stipulates that Romanian is the official language, prevails over the text of the Constitution.
