Validation of the Mandate of an MP
On 5 May 2017, the Constitutional Court of Moldova delivered a judgment on the validation of the mandate of a Member of Parliament.
Circumstances of the case
On 4 May 2017, passing the Decision no. 77, the Parliament of Moldova declared vacant a mandate of a Member of Parliament on the list of the Liberal Democratic Party of Moldova, following the resignation of the MP Liliana Palihovici, who was elected on the list of this party.
The Central Electoral Committee passed the Decision no. 916 of 5 May 2017 acknowledging the vacancy of a mandate of MP and submitted to the Constitutional Court the proposal to declare Mr Nicolae Olaru – alternate member on the list of Liberal Democratic Party of Moldova – as an elected MP and to validate his mandate.
The application was examined by the Constitutional Court of Moldova in the following composition:
Mr Victor POPA, President of the sitting,
Mr Aurel BĂIEŞU,
Mr Tudor PANȚÎRU,
Mr Veaceslav ZAPOROJAN, judges.
Conclusions of the Court
Hearing the reasoning of the parties and examining the casefiles, the Court noted that in line with the provisions of Article 62 of the Constitution, the Constitutional Court upon the proposal of the Central Electoral Commission, decides on the validation of the mandate of a Member of Parliament or its non-validation in the event electoral legislation was infringed. Also, in line with Article 69.1 of the Constitution, Members of Parliament begin to exercise their office under the condition of validation of their mandates.
The Court mentioned that on 9 December 2014 it had adopted the Judgment no. 29 confirming the parliamentary election results of 30 November 2014 and it had validated the mandates of the elected Members of Parliament of Moldova. Thus, Mr Nicolae Olaru is found on the list of the Liberal Democratic Party of Moldova.
The Court found that the alternate candidate Mr Nicolae Olaru had submitted to the Central Electoral Commission his statements on accepting the office of a Member of Parliament and in the plenary sitting of the Court there were not established circumstances preventing his mandate being validated.
Judgment of the Court
Stemming from the above reasoning, the Constitutional Court of Moldova declared elected Nicolae Olaru as Member of Parliament on the list of the Liberal Democratic Party of Moldova.
The Judgment of the Constitutional Court of Moldova is final, cannot be subject to any appeal, becomes effective upon adoption and is published in the Official Journal of Moldova.
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