Constitutional Court will consider the Communist Party’s inquiry on September 8

MOLDOVA

The Constitutional Court of Moldova will consider on September 8 the Communist Party’s inquiry concerning whether or not the parliamentary majority acted in compliance with constitutional norms last Friday.

According to the Court’s press service, reports concerning the MCP’s inquiry and its examination will be made by two CC judges – Nicolae Railean and Alina Ianucenco. Debates will involve spokespersons of the Communist Party and the majority Alliance for European Integration.

On September 1, the Communist Party challenged with the Constitutional Court the election of new parliament speaker and other decisions that were passed by the parliamentary majority of 53 on August 28.

Both sides have already stated they will unconditionally accept any judgment the Constitutional Court will make. If the Court decides that the last Friday’s plenary sitting was held in contravention of law, then speaker election will have to be held from anew. But if the Court rules that the Constitution was duly observed, the Communists will have to obey to such decision.

Yet some independent experts are saying the Constitutional Court may decline the MCP inquiry even without an examination. One of the experts told your Infotag correspondent, “Even if there really were errors, those were violations of the parliamentary Rules of Procedure, not of the Constitution. Article 64 of the Main Law stipulates that the structure, organization and activities of the Moldovan Parliament are determined by virtue of its Rules of Procedure. This means that the Court may not consider the inquiry concerned because it is in the scope of competence of the parliamentary Standing Committee for Legal Issues, Appointments and Immunity”.

By law, if the MCP inquiry is declined, the Parliament’s decisions shall remain in force. They shall remain in force even if the opinions of the six Constitutional Court Judges are shared equally – three and three.

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