On 21 of June, the Venice Commission adopted the Opinion regarding the constitutional crisis in Moldova, i.e. on the dissolution of the Parliament (see the referrence below). More precisely, it was one of the rare cases when the Commission directly and critically assessed the acts (decisions, judgments and opinions) of the Constitutional Court. As follows from the Commission's Opinion, it is due to the exceptional character of this case as the Constitutional Court of Moldova (CCM) has acted outside of the parameters of its authority and responsibility.
As it was expected, the Venice Commission concluded that the CCM acts of 7-9 June, which had been at the core of the constitutional crisis, were not based on reasonable arguments and were passed in violation of the procedural rules. The establishment of the term of 90 days (instead of 3 calendar months) for the formation of a parliamentary coalition, by the CCM decision of 7 June, was found to be incorrect. Meanwhile, as the Commission concluded, other CCM acts of 8-9 June were adopted in breach of the equality and procedural rights of the parties to the proceedings.
The suspension of the powers of the President on 9 June was also found to be without any ground. As it is noted, however, the suspension of the powers of the President is not an unprecedented practice in Moldova. Therefore, it is my understanding that the previous practice cannot be questioned; this is not the aim of the Commission's Opinion either. Otherwise there would be no possibilities to ensure the constitutional stability and the effectiveness of the legislative and executive activities in Moldova in cases when the President (as it happenned more than once) deliberately refuses to exercise his constitutional duties with regard to the promulgation of laws or the appointment of the members of the Government.
This view can be supported by the Commission's emphasis on the necessity to maintain consistency of the CCM jurisprudence. This is the most important in the current context. It follows that the CCM decision of 15 June to annul all the decisions of 7-9 June, which was grounded on political changes, cannot serve as the precedent to review other acts of the CCM. Therefore, the European integration that is recognised by the CCM as a part of Moldova's constitutional identity cannot be reversed. It continues to be one of the key constitutional principles, in light of which other provisions of Moldova's Constitution have to be interpreted.
President of the Constitutional Court of Lithuania,
Member of the Venice Commission
You’ve probably already heard the Romanian language from friends, relatives or strangers in the community. Maybe you have even made an attempt to learn basic phrases of Romanian for an upcoming trip. But have you ever wondered how the language was formed? We found ourselves wondering...( ) Read all
Regime change in Moldova has been met with cautious optimism by Brussels, as President Igor Dodon pledged to dismantle the businesses that have long dominated political life. But mere months after a contentious coalition was brokered between Dodon and Maia Sandu, both international observers and...( ) Read all
Moldova does not recognize the so-called elections that were held in Russia-annexed Crimea and Sevastopol on September 8, the press service of the Ministry of Foreign Affairs and European Integration of Moldova has reported.( ) Read all
UKRAINE’S NEOPHYTE president, Volodymyr Zelensky, took a big step this week toward proving that he will be, as he promised, the most pro-reform president in Ukraine’s history. On Monday, he laid out a breathtakingly ambitious five-year plan including virtually every measure the...( ) Read all
In September, the European Court of Human Rights will consider an interstate case on a lawsuit filed by Ukraine against Russia on March 13, 2014, regarding the violation of human rights in the territory of the annexed Crimea.( ) Read all
This past week, the Russian Military Historical Society — a government-affiliated body headed by Vladimir Putin’s culture minister, Vladimir Medinsky — concluded its second research expedition to the Sandarmokh forest in the northwestern region of Karelia. Its purported aim was...( ) Read all
Lithuania has urged American online retailer Amazon to stop selling clothing featuring the hammer and sickle and other Soviet symbols, which it says are offensive to victims of Soviet-era persecution.( ) Read all
Move by pro-EU Prime Minister to turn August 23 into a day of remembrance for victims of totalitarianism may trigger an ideological fight with her pro-Russian coalition partners – who celebrate the victory in 1944 of the Soviet Red Army on that day.( ) Read all
Sept. 1 marks the 80th anniversary of Nazi Germany’s invasion of Poland — an event that heralded the beginning of World War II. Two years later, the United States entered the war as an ally of both Great Britain and the Soviet Union. By that time, France and numerous other...( ) Read all
One of the most celebrated diplomats of his generation, Richard Holbrooke helped normalize U.S. relations with China; served as U.S. ambassador to a newly reunified Germany and then to the United Nations; and, most famously, negotiated the 1995 Dayton peace agreement that ended the war in...( ) Read all
Russia wants to strike a short-term deal with Kiev on gas transit to Europe when the current 10-year agreement expires in order to buy time to complete pipelines that will bypass Ukraine, four sources familiar with Russian thinking said.( ) Read all
Looking for a combined wine and gastronomy vacation? Looking for something adventurous and a bit off the beaten track? Try Moldova. This is probably not the first country that pops up in your mind. Some people may not even know it as a wine country. But it definitely is one. And an old one at that.( ) Read all