Judgment no. 32 of 29.12.2015
Judgement on constitutional review of the Decree of the President of the Republic of Moldova No. 1877-VII dated 21 December 2015 on appointing a candidate for the position of Prime-minister (Complaint No. 59a/2015)
The subject of complaint: Member of Parliament
Type of judgment: constitutional review of decrees of the President of the Republic of Moldova
Provision: provisions declared constitutional
1. The case originates in the complaint lodged with the Constitutional Court on 28 December 2015, according to articles 135 para. (1) let. a) and b) of the Constitution, 25 let. g) of the Law on the Constitutional Court, and 38 para. (1) let. g) of the Constitutional Jurisdiction Code, by the Members of Parliament, Violeta Ivanov, Victor Mîndru, Galina Balmoş, Alexandr Bannicov, Boris Golovin, Anatolie Gorilă, Elena Gudumac, Corneliu Mihalache, Petru Porcescu, Artur Reşetnicov, Sergiu Stati, Vladimir Vitiuc, Igor Vremea and Anatolie Zagorodnîi, on the interpretation of article 98 para. (1) of the Constitution of the Republic of Moldova and review of constitutionality of the Decree of the President of the Republic of Moldova No. 1877-VII dated 21 December 2015 on appointing a candidate for the position of Prime-minister.
2. The authors of the complaint requested the Constitutional Court to interpret the provisions of article 98 para. (1) of the Constitution and to explain:
“1. How to understand the phrase «consultation of parliamentary factions»?
2. Is it a discretionary right of the Head of the State to appoint a candidate for the position of Prime-minister regardless of the existence or inexistence of a parliamentary majority?
3. If the Head of the State obliged, during the consultation process, to take into account the existence of a parliamentary majority disposed to support a candidate for the position of Prime-minister?
4. Is the President obliged to have consultations only with the factions, or also with the parliamentary groups of non-affiliated MPs?”
3. On 29 December 2015, based on article 31 para. (3) of the Constitutional Jurisdiction Code, the authors of the complaint (Vladimir Vitiuc, Petru Porcescu, Galina Balmoş, Boris Golovin, Victor Mîndru) have supplemented the basis and object of the complaint, requesting additionally the interpretation of the notion “appoints”, provided in article 98 para. (1) of the Constitution, the Constitutional Court to explain if:
5. “The President of the Republic of Moldova should appoint the candidate or one of the candidates proposed by the majority parliamentary faction (factions) [party with the biggest number of mandates – clarification of the author during the public sitting] during the consultations, who is assumed to get the vote of confidence?”
4. In this context, the authors of the complaint alleged that the Decree of the President of the Republic of Moldova No. 1877 dated 21 December 2015, being issued without consultation of all the parliamentary factions, and appointing a candidate that was not proposed by the consulted factions, contravenes the articles 6, 60, 77 para. (2) and 98 para. (1) of the Constitution.
5. Based on the Constitutional Court Decision of 28 December 2015, the complaint was declared admissible, without prejudicing the merits of the case. At the same time, the Court rejected the request to suspend the action of the Decree of the President of the Republic of Moldova No. 1877-VII dated 21 December 2015 on appointing a candidate for the position of Prime-minister, in favor of examining the complaint in a priority regime, before the meeting of the Parliament for the Government investiture vote.
6. In the process of preparing the examination of the complaint, the Constitutional Court requested the opinions of the Parliament and the President of the Republic of Moldova.
7. In the public hearing of the Court, the complaint was supported by Mr. Eduard Răducan, representative of the complaint`s authors. The Parliament was represented by Mr. Ion Creangă, head of the General Legal Division of the Parliament Secretariat. The President of the Republic of Moldova was represented by Mr. Valentin Țîmbaliuc, advisor in the legal area and institutional relations, President`s representative in the relations with the Parliament and Government, and Alexandru Ohotnicov, head of the General Legal Division of the Apparatus of the Republic of Moldova President.