PAS application concerning self-dissolution of Parliament rejected by CC

The Constitutional Court (CC) rejected the requisition concerning the self-disillusion of Parliament that was filed by the MPs of the Party of Action and Solidary (PAS).

In a press briefing, CC president Domnica Manole said the authors of the application asked the Court to explain if Parliament can dissolve itself by adopting a relevant decision by a qualified majority of two thirds of the votes of MP.

“The Court pointed to the existence of a previous judgment that contains a response to this question. It is the CC judgment No. 31 of November 10, 1997, which provides, among others, that the dissolution of Parliament before the expiry of the period of four years is possible only in the conditions stipulated by Article 85 of the Constitution of the Republic of Moldova. In fact, by this decision the Court applied the rule stipulating that the clear texts should not be interpreted,” stated Domnica Manole.

She noted that Article 85 of the Constitution specifies two clear cases when Parliament can be dissolved, namely the impossibility of forming the Government and non-adoption of laws during three months.

“In its case law, the Court held that the necessity of interpretation should be confirmed by the uncertain and ununiformed character of the constitutional provisions. The Court noted that articles of the Constitution cannot be interpreted when the Constitution contains the answer to a question raised by a requisition in another article or when there is a decision that solves the problem,” explained Domnica Manole.

According to her, both Article 85 of the Constitution and the Court’s judgment of November 1997 contain the solution to the given issue and this solution does not envision exceptions and does not need interpretation.

The Constitutional Court underscored that under the legal provisions, the President can dissolve Parliament in the conditions and according to the procedures defined by law. Consequently, the Court rejected the application as inadmissible.

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