Moldova's president cannot be party member

Chisinau, 25 January /MOLDPRES/ - The Constitutional Court’s (CCM) decision on the control of constitutionality of provisions of the Article 112, paragraph 2, of the Electoral Code, under which the ban for the Moldovan president to be party member was declared constitutional, will be published in the 26 January issue of the Official Journal (Monitorul Oficial).  

The Court’s ruling was adopted on 12 December 2017 and is an answer to a notification submitted by a Socialist MP, Vlad Batrincea, who claimed that “the incompatibility established through the text of the law runs counter the constitutional right of joining a political party.”

Under the CCM decision, the mandate of Moldova’s president is incompatible with the capacity of a political party, as “by taking the oath, the head of state takes a legal commitment before the entire people of Moldova and must prove his/her political impartiality and neutrality.”  

Magistrates said that the head of state plays the role of judge or of a neutral power, being detached from the political parties. The Court said that the Moldovan president is obliged to act in the interests of the whole society and not of a part of it, a political group or party.

Thus, CCM stated that the ban established by the law fits into the admissible limits of restricting the right to joining political parties, being thus in accordance with the Article 41 of the Constitution.  

(Reporter A. Zara, editor A. Raileanu)