CC judgment is formally the only correct solution, experts

The Constitutional Court’s judgment of February 23 is formally the only correct one. It is a final decision and those involved have to comply with it. The political leaders should now act and solve the unpredictable situation created in the political sphere of Moldova. The issue was developed by the experts invited to IPNs’ public debate “PSRM and PAS, two parliamentary groups on which overcoming of political crisis depends. Why is communication between them blocked?”.

Igor Boțan, the standing expert of IPN’s project, said the CC judgment of February 23 is the only correct and welcomed solution.  Formally, this judgment is impeccable. At the same time, President Maia Sandu, addressing the people, said that in normal conditions, this formalism of the CC would be beyond discussions and comments. But the situation in Moldova is not normal and this fact was confirmed by her representative to the Constitutional Court, who said that Parliament adopted the Declaration on State Capture in 2019, while in 2020 Parliament adopted a Statement by which it condemned party switching and political corruption.

The expert noted that the President starts from the realities and suggests that the Moldovan citizens should have the last say in the created situation: either referendum on the dismissal of the President or snap parliamentary elections. “So, the President prefers to address the people so as to solve this problem. Now the biggest problem derives from the constitutional procedures that take us to the solution proposed by the President,” stated Igor Boțan.

Zinaida Gribincea, expert in psychology, journalism and communication, said that in the states with consolidated democracy, the CC judgments are not disputed or are disputed less. In the case of Moldova, interpretations, suspicions always appear. In this case, the CC indeed took a correct decision, formally. The political leaders are to act now so as to solve this unpredictable siltation in Moldova’s political sphere.

Civic activist with experience in communication Ana Racu, UN expert and a member of the United Nations Committee against Torture, said that when entering the Constitutional Court in the U.S., there is a slogan saying that this could be not the most correct decision, but it is the last one. In the case of Moldova, the CC decision is irrevocable and those concerned have to only comply as they cannot appeal against it. There were Presidents who fully opposed the CC decisions, but ultimately complied.

Ana Racu noted it is good that the people discuss not the personality of the judge, but the decisions taken either by ordinary courts or appeals courts, either by a forum or a constitutions court. This gives the feeling of a juridical culture in society as the people learn what democracy is, learn how the Constitution can be interpreted. “Life does not stop at a Constitutional Court decision, but it is a point from which life continues,” stated the civic activist.

On February 23, the Constitutional Court declared unconstitutional President Maia Sandu’s decree by which Natalia Gavrilița was nominated for premiership the second time, after partially accepting a challenge filed by Socialist MPs. Under the law, the President must initiate new consultations with the parliamentary groups so as to identify a candidate for Prime Minister. But President Sandu said that she pleads for snap elections or for a referendum, if her suspension from office is initiated.

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