The President of the Republic of Moldova, as the Head of State, represents the state and is the guarantor of the sovereignty, national independence, unity and territorial integrity of the state.
The President has the right to legislative initiative, promulgates laws and can, if he has objections to a law, send it back for reexamination to Parliament within two weeks. If the legislative body upholds the earlier adopted decision, the President promulgates the law. The Head of State can take part in the sittings of Parliament and can address messages concerning key problems of the nation to the legislative body.
The appointment of the Cabinet is also within the President’s competence. After holding consultations with the parliamentary groups, the President nominates a candidate for the post of Prime Minister and names the Cabinet based on the Parliament’s vote of confidence. In case of Cabinet reshuffle or vacancy of the post, the President recalls and names some of the Cabinet members, at the suggestion of the Prime Minister. If the post of Prime Minister falls vacant in case of inability to fulfill one’s duties or in case of death, the President names a member of the Cabinet as acting Premier, until a new Cabinet is formed.
If a Cabinet cannot be formed or the procedure for adopting laws is blocked for a period of three months, the President, as a result of consultations with the parliamentary groups, can dissolve Parliament. The legislature can be dissolved if this does not agree to give its vote of confidence for the formation of the executive within 45 days of the first request and only after at least two investiture requests are rejected. Simultaneously with these possibilities, there are also a number of restrictions. Thus, Parliament can be dissolved only once in the course of a year. It cannot be dissolved during the last six months of the President’s term in office and during a state of emergency, siege or war.
Among the President’s powers are also the setting and calling of the first sitting of Parliament, within 30 days of the election of the new legislature.
The President personifies the state and represents it in the relations with other states, at the highest level. He acts as the official representative of the state in the cooperation with the Government and Parliament and has a number of powers in the area of foreign policy. The Head of State holds talks and takes part in negotiations, signs international treaties in the name of the Republic of Moldova and presents them for ratification to Parliament. At the suggestion of the Government, the Head of State accredits and recalls the diplomatic representatives of the Republic of Moldova and approves the opening, closing or change of the rank of diplomatic missions. The Head of State receives the credentials and letters to recall the ambassadors of other states in the Republic of Moldova.
As regards the powers in the field of defense, the President is the Supreme Commander of the Armed Forces. This can order partial or general mobilization with the preliminary consent of Parliament. In case of armed aggression against the state, the President takes measures to reject the aggression, declares a state of war and immediately informs Parliament about the taken steps.
The President appoints the judges of courts of law, at the suggestion of the Superior Council of Magistracy. He confers awards and titles of honor, supreme military ranks, in accordance with the law, solves the problems of the citizens of Moldova and provides political asylum.
The Head of State names persons to public posts, in accordance with the law, provides individual pardoning, can ask the people to state their opinion on problems of national interest by referendum, confers diplomatic ranks and superior classification degrees on prosecution service employees, judges and other categories of functionaries. The President suspends the Government’s acts that run counter to the legislation until the Constitutional Court passes a definitive judgment and has also other powers provided by law.
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The IPN series “I want to know ABOUT ELECTIONS” is designed to explain notions, terms and practices related to the presidential election process.
