The President is not entitled to submit to the Parliament for reconsideration a law adopted by assumption of responsibility by the Government

On 2 March 2016, the Constitutional Court delivered its judgment on the interpretation of Article 106¹.1 of the Constitution (Complaint no. 24b/2015 – in Romanian). 

Circumstances of the case

The case originated in the complaint lodged with the Constitutional Court on 4 June 2015 by MPs Mihai Ghimpu and Valeriu Munteanu.

The authors of the complaint have requested the Court to interpret Article 106¹.1 of the Constitution, in essence elucidating the following aspects:

1. What is the number of laws upon which the Government assumes responsibility before the Parliament?

2. What is the legal procedure to be followed in case the President of the Republic of Moldova shall not promulgate the laws upon which the Government assumed responsibility?

The Constitutional Court ruled on the complaint in the following composition:

Dl Alexandru TĂNASE, president, 

Dl Aurel BĂIEŞU,

Dl Igor DOLEA,

Dl Tudor PANȚÎRU,

Dl Victor POPA, judges

Conclusions of the Court 

Examining the casefiles, the Court held that according to Article 60.1 of the Constitution, the Parliament is the sole legislative authority of the State.

At the same time, under Article 106¹.1 of the Constitution, the Government may assume responsibility before the Parliament upon a programme, a statement of general policy or a draft law. Also, the constitutional provision establishes that the Government is dismissed if a motion of censure, brought before within 3 days following the date of presentation of the programme, of statement of general policy or of the draft law, has been passed in terms of Article 106 (with the majority vote of MPs). In case the Government is not dismissed, the draft law brought before the Parliament shall be considered adopted.

The Court reiterated that the provisions of Article 106¹ of the Constitution expressly regulate an exception to the rule established by the constitutional provisions of Article 60.

At the same time, the Court underscored that the procedure of assuming the responsibility by the Government on a draft law, as a simplified and indirect way of enactment, shall be a measure in extremis, determined by the urgency in adopting the measures contained in the law on which the Government has assumed responsibility, by the necessity of adopting with utmost celerity the regulation in question, by the importance of the regulated field and by the immediate enforcement of the law in question.

The Court stated that the Government may assume responsibility on several draft law simultaneously.

However, the draft law brought before the Parliament by the Government in order to assume responsibility shall circumscribe to a single field of regulation.

The Court held that the procedure of assuming responsibility by the Government before the Parliament is a peculiarity of legislative procedure, according to which the draft law shall not follow the legislative procedure provided for in the Parliament Regulation, it being subject to  a strictly political debate, resulting in maintaining or dismissing the Government by withdrawing the confidence granted by Parliament.

Given the peculiarities of this institution, the Court held that the President of the Republic of Moldova is not entitled to submit to the Parliament for reconsideration, prior to promulgation, a law adopted by assumption of responsibility by the Government. Otherwise, such a possibility would lead, in fact, to the annulment of this constitutional mechanism.

At the same time, the Court held that prior to promulgation, the President may lodge a complaint with the Constitutional Court, in case s/he considers that the law adopted by assumption of responsibility by the Government before the Parliament is unconstitutional.

Judgment of the Court

Stemming from the above reasoning, the Constitutional Court ruled that, Article 106¹ of the Constitution, the Government may assume responsibility on several draft laws at the same time, provided that the adoption shall be a measure in extremis, determined by the following:

- urgency in adopting the measures contained in the law/s on which the Government has assumed responsibility;

- necessity of adopting with utmost celerity the regulation in question;

- immediate enforcement of the law in question;

- circumscription of the laws to a single field of regulation.

Also, under Article 106¹.1 in conjunction with Article 93.2 of the Constitution, the President of the Republic of Moldova is not entitled to submit to the Parliament for reconsideration, prior to promulgation, a law adopted by assumption of responsibility by the Government. In case the President considers that the law adopted by assumption of responsibility by the Government is unconstitutional, s/he may lodge a complaint with the Constitutional Court.

The Judgment of the Constitutional Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Gazette of the Republic of Moldova.