Validation of several MP mandates
On 21 October 2015, the Constitutional Court delivered its judgment on the validation of several MP mandates (Application no.40e/2015).
Circumstances of the Case
On 15 October 2015, by Decisions no.173 and no.174, the Parliament declared the vacancy of two MP mandates, one on the list of the Socialist Party of Moldova, following the resignation of MP Ion Ceban and one on the list of the Democratic Party of Moldova, following the resignation of MP Igor Corman.
By Decision no. 4228 of 21 October 2015, the Central Electoral Commission took note of the vacancy of two MP mandates and submitted to the Constitutional Court the proposal to declare as elected MPs, by validating the mandates of Adrian Lebedinschi, alternate candidate on the list of the Socialist Party of Moldova and Iurie Cazacu, alternate candidate on the list of the Democratic Party of Moldova.
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
Conclusions of the Court
Hearing the reasoning of the parties and examining the case files, the Court held that, according to the provisions of Article 62 of the Constitution, the Constitutional Court, upon the proposal submitted by the Central Electoral Commission, rules either on the validation of the mandate of the Member of Parliament, or on invalidation whenever electoral legislation has been infringed. Under Article 69.1 of the Constitution, the MPs start exercising their mandate under the condition of prior validation.
The Court noted that on 9 December 2014, by Decision No. 29, the Constitutional Court confirmed the results of parliamentary elections of 30 November 2014, validating the MP mandates and confirmed the lists of alternate candidates for the office of MP. Thus, Adrian Lebedinschi can be found on the list of the Socialist Party of Moldova and Iurie Cazacu - on the list of the Democratic Party of Moldova.
At the same time, by validating the MP mandate, the Court took into account the statement of the alternate candidate Victor Chiriac, on the list of Democratic Party of Moldova, who refused the assignment of the MP mandate.
The Court found that the alternate candidates, Adrian Lebedinschi and Iurie Cazacu, presented the Central Electoral Commission their statements, by which they accepted the mandate of MP, assuming the obligation to eliminate incompatibilities within the time prescribed by law. In the Court's plenary have not been established circumstances preventing the mandate validation.
Judgment of the Court
Stemming from the above reasoning, are declared as Members of the Parliament of the Republic of Moldova, with mandate validation:
- Adrian Lebedinschi, on the list of the Socialist Party of Moldova;
- Iurie Cazacu, on the list of the Democratic Party of Moldova;
The 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 Gazette of the Republic of Moldova.