Moldovan top court issues ruling on term of parliament's dissolution

Chisinau, 07 June /MOLDPRES/ – The magistrates of the Constitutional Court (CC) have declared on Friday, 07 June, inadmissible the complaint made by the President of Moldova, Igor Dodon, requesting the interpretation of some articles of the Constitution to determine the date from which the three – month period of inactivity of the Parliament for dissolution.

The magistrates have found that the date of election validation is the date of expiry of the Government mandate, a circumstance that determines the need to form a new Executive. Therefore, it is clear from the clear wording of Article 103 (1) of the Constitution indicates that the three – month term (90 days) in which the newly elected Parliament must form the Government runs from the date of validation of the election.

The Court has observed in this case the applicability of the rule In claris non fit interpretatio (clear texts do not require interpretation).

The magistrates of CC noted that the answer to the question raised stems from the text of the Constitution and from the interpretation previously given to the constitutional provisions in question. Also, given that, according to Article 135 (1) let. f) of the Constitution, the circumstances justifying the dissolution of the Parliament must be established first by CC, which is a guarantee capable of ensuring the observance of Constitution, the Court concludes that the complaint is unfounded.

The decision is final, can not be subject to any appeal, enters into force on the date of its adoption and is published in the Official Journal of Moldova.

The CC validated the parliamentary elections of 24 February on 09 March. Still, the magistrates validated the mandates of the elected MPs and confirmed the lists of alternate candidates.