To remedy the situation with reference to the Constitutional Court, Parliament, the Government and society, the Law on the Constitutional Court and the Constitutional Jurisdiction Code should be amended. “Attempts in this regard have been made, but they didn’t go further than roundtable meetings” ex-CC judge Nicolae Osmochescu stated in a public debate titled “Constitutional Court swaying in the political wind: norm or deviation?”, which was organized by IPN News Agency.
According to the university professor, the Constitutional Jurisdiction Code should be modified so as to clarify how the institutions featured in the CC judgments should react when a document is declared unconstitutional partially or fully.
Nicolae Osmochescu noted that by attempting to influence the Constitutional Court, the political players want to show that the politicians are always absolutely right, considering that they are above the law. But this is a strategic mistake of any party. There should be a clear response to the question.
During the 25 years of its founding, the CC took very good decisions that were to be daily implemented in the national legislation. Regrettably, many CC rulings remained at the level of decisions and weren’t introduced in the national legislation as definite norms.
On the other hand, Nicolae Osmochescu said there is a kind of heresy at the Constitutional Court: ”No CC judgment can create law norms as this is not within the remit of this Court. The CC is a passive legislator that acts when it interprets law norms.”
Acceding to the former judge, if the current crisis in the CC continues, confidence in the law system, in general, and in the legal system of Moldova, in particular, specifically in the justice of the Constitutional Court, could fall further. The foreign partners’ confidence can also decrease, including of the partners with which Moldova cooperators within the Moldova-UE Association Agreement, and the ideal of building the rule of law that is enshrined in the Constitution can remain an unaccomplished dream.
The debate “Constitutional Court swaying in the political wind: norm or deviation?” was the 131st installment of the series of debates “Developing political culture through public debates” that are supported by the Hanns Seidel Foundation.