Experts: There are preconditions for state of emergency to be declared unconstitutional

Constitutional law expert Alexandru Arseni anticipates that the Constitutional Court on April 28 will pass a ruling that will not be favorable to the Party of Socialists. The request to declare a state of emergency was made by MPs, not by the Government or the President and this can serve as a reason for declaring the given decision unconstitutional. Furthermore, political exert Ion Tăbârță considers the state of emergency is used exclusively for political reasons to delay the dissolution of Parliament, IPN reports.

According to the experts, the declaring of the state of emergency is not related to the epidemiological situation in the country and is used by the PSRM to put off the date of snap elections.

“If the decision to declare the state of emergency is declared null and void, the President is expected to sign the decree on the dissolution of Parliament. The state of emergency remained a strictly political issue. It should have been declared three-four weeks earlier. It was clear that the number of infections had been growing since February. But it was declared when the number of infections started to decline. Now some of the restrictions are lifted intentionally so that the number of infections is high at end-May. The pandemic will be used as a political instrument politic,” political expert Ion Tăbârță stated in the talk show “Ghețu Asks” on TV8 channel.

Constitutional law expert Alexandru Arseni believes the state of emergency will be declared unconstitutional as it was instituted with deviations. In accordance with the law, the state of emergency is declared by Parliament at the request of the plenipotentiary Government or the President. As the interim Government does not have such prerogatives, the request was made by a group of MPs.

“The Constitutional Court does not decide aspects referring to the epidemiological situation as it is not a doctor. The Court will determine if the decision was adopted in accordance with the procedures, by observing the legal norms. In Parliament, the procedure was vitiated during adoption. Furthermore, it is clear that the state of emergency is exclusively political in character and is aimed at delaying the snap elections,” stated Alexandru Arseni.

The state of emergency all over Moldova until May 30 was declared by the votes of the PSRM-Shor parliamentary majority. Under the law, the legislative body cannot be dissolved during the state of emergency.

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