Communicationno. PCC-01/1b of 24.06.2015
On 24 June 2015 the Constitutional Court delivered Judgment no. 24 on the interpretation of articles 69 para.(2), 70 para.(1), 99 and 100 of the Constitution of the Republic of Moldova.
By this judgment, the Court explained certain aspects related to the circumstances when appear the cases of incompatibility of the position of MPs with other offices, the moment then the capacity of MP terminates and the modalities to eliminate the situations of incompatibility.
The Court mentioned that the incompatibility of people elected as Members of Parliament arises, as the case may be, for newly elected persons from the moment of validation of their mandate by the Constitutional Court; and for the Members of Parliament holding their positions from the moment of accepting another remunerated position or occurrence of other situations of incompatibility, in accordance with the law.
The Court held that the right to choose between the MP mandate and the incompatible position by resigning should be exercised before the legal period expires. If a letter of resignation from the position of Member of Parliament is submitted by the MP who is in the incompatibility situation, the mandate will be terminated upon lodging the letter.
Concurrently the Court noted that if the incompatibility still persists after the expiration of the legal period, the Member of Parliament shall be considered resigned de jure from the MP position. The MP mandate shall be terminated de jure when the legal term to remove the incompatibility expires. The resignation shall be submitted to the Parliament, which declares the vacancy of the mandate.
The Court also emphasized that the legislator has regulated differently the termination of the mandate for elected public officials (head, deputy head of the rayon, deputy mayor) in the situations of incompatibility.
Therefore, with a view to ensure the unity of the legal regulations in this area, the Court considers it necessary to review all legal provisions that regulate the incompatibilities of the elected public officials, taking account the arguments presented in this Judgment.
The Court also reiterates the findings presented in the Address to the Judgment no.2 of 20 January 2015, where it highlighted necessity to clearly regulate the grounds and the rules governing the forced termination of the MP mandate or the incompatibility of the member of Parliament taking into account the principles and the spirit of the Constitution, democratic norms and standards and paying attention to the experience of other states in this regard.
The Court requests the Parliament to consider this Address in accordance with Article 281 of the Law on the Constitutional Court, and to be informed on the results of such examination within the time limit prescribed by the law.
President Alexandru TĂNASE