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Validation of an MP’s mandate


On 8 May 2018, the Constitutional Court of Moldova delivered its judgment on the validation of an Member of Parliament’s mandate (Application no. 51e/2018). 

Circumstances of the Case
On 3 May, by Decision no. 80, the Parliament declared vacant an MP’s mandate from the list of the Democratic Party of Moldova, following the resignation of the MP Nicolai Dudoglo.

By Decision no. 1587 of 4 May 2018, the Central Electoral Commission noticed the vacancy of an MP’s mandate and submitted to the Constitutional Court the proposal to declare the MP as elected, by validating the mandate of Mr. Veaceslav Nedelea, an alternate candidate on the list of the Democratic Party of Moldova.

Conclusions of the Court
Hearing the reasoning of the parties and examining the case files, the Court held that, under Article 62 of the Constitution, upon the proposal submitted by the Central Electoral Commission, the Constitutional Court rules either on the validation of the mandate of the Member of Parliament, or on invalidation, in case the electoral legislation is infringed. Under Article 69 (1) of the Constitution, the MPs start exercising their mandate on the condition of prior validation.

The Court noted that by Decision No. 29 of 9 December 2014, the Constitutional Court confirmed the results of the parliamentary elections of 30 November 2014, validating the mandates of the elected MPs and confirmed the lists of alternate candidates for the office of MP in the Parliament of the Republic of Moldova. Thus, Mr. Veaceslav Nedelea is present on the list of the Democratic Party of Moldova.

The Court found that the alternate candidate, Mr. Veaceslav Nedelea, submitted to the Central Electoral Commission his declaration on accepting of his mandate of an MP and no circumstances preventing the mandate validation were ascertained by the Court sitting in full Court.

Judgment of the Court
Stemming from the above reasoning, the Constitutional Court declared Mr. Veaceslav Nedelea as MP of the Republic of Moldova, with his mandate validated.

This Judgment of the Constitutional Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Journal of the Republic of Moldova.

The full text of the judgment will be available on the Constitutional Court’s website http://www.constcourt.md/.

This is an English language courtesy translation of the original press-release in Romanian language.

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