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Home | Media | News | The Constitutional Court delivered its advisory opinion on the initiative made by a group of MPs on the review of art. 78.3 of the Constitution
24.07
2015 The Constitutional Court delivered its advisory opinion on the initiative made by a group of MPs on the review of art. 78.3 of the ConstitutionOn 24 July 2015 the Constitutional Court delivered its advisory opinion on the initiative of reviewing Art. 78.3 of the Constitution (Notification no. 33c / 2015). Circumstances of the case The case originated in the complaint lodged with the Constitutional Court on 23 July 2015 by a group of 46 MPs. The MPs which were signatories of the initiative to review the Constitution belong to the factions of the Liberal Democratic Party, Democratic Party and Liberal Party. The draft of the constitutional law proposes to change the method of electing the President of the Republic of Moldova in respect of the required number of votes. Thus, according to the wording of the amendment draft of Article 78.3 of the Constitution, the President of the Republic of Moldova shall be elected by majority vote of the elected members of Parliament. The legislative proposal amending the Constitution is set forth in the following wording: “Sole Article - Article 78.3 of the Constitution, adopted on 29 July 1994 (Official Gazette of the Republic of Moldova, 1994, no. 1), as amended, the words" three fifths" are replaced by the word "majority".” The Constitutional Court ruled on the complaint in the following composition: Mr Alexandru TĂNASE, President, Mr Aurel BĂIEȘU, Mr Igor DOLEA, Mr Victor POPA, judges Advisory opinion of the Constitutional Court 1. The initiative on the review of Article 78.3 of the Constitution made by a group of 46 MPs is lodged by the authorized subject and, in this regard, it complies with the provisions of Article 141.1.b of the Constitution. 2. The draft of the constitutional law on the review of Article 78.3 of the Constitution does not exceed the limits of constitutional review imposed under the constitutional provisions of Article 142.2 and can be submitted for examination to the Parliament. 3. The draft of the constitutional law on the review of Article 78.3 of the Constitution can be passed by the Parliament following at least 6 months from the date when the corresponding initiative has been submitted. The advisory opinion 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 Gazette of the Republic of Moldova.
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