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20.12
2016

Validation of several MP mandates (Application no.154e/2016)

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On 20 December 2015, the Constitutional Court delivered its judgment on the validation of several MP mandates (Application no. 154e/2016).  

Circumstances of the Case

On 15 December 2016, by Decisions no.272 and no.273, the Parliament declared the vacancy of two MP mandates: one mandate on the list of the Party of Socialists of the Republic of Moldova, following the resignation of the MP Igor Dodon, and one mandate on the list of the Liberal Democratic Party of Moldova, following the cessation of the quality of MP of Mr. Vladimir Filat.

By Decision no. 625 of 19 December 2016, the Central Electoral Commission took note of the vacancy of 2 MP mandates and submitted to the Constitutional Court the proposal to declare as elected MPs, by validating the mandates, Mrs. Irina Mizdrenco, alternate candidate on the list of the Party of Socialists of the Republic of Moldova and Mr. Simion Grișciuc, alternate candidate on the list of the Liberal Democratic Party of Moldova.

At the same time, on 19 December 2016, a group of MPs lodged with the Constitutional Court the complaint no.152a/2016 on the constitutionality review of the Parliament Decision no.273 of 15 December 2016 ascertaining the cessation of the quality of MP of Mr. Vladimir Filat. By Decision of 19 December 2016, the Constitutional Court declared inadmissible the respective complaint.

The public hearing of the Court was attended by the Secretary of the Central Electoral Commission - Mr. Veaceslav Agrigoroaie and the representative of the parliamentary faction of the Party of Socialists of the Republic of Moldova - Mr. Vasile Bolea. The parliamentary faction of the Liberal Democratic Party of Moldova has not delegated any representative.

The alternate candidates were not present at the hearing of the Court.

The Constitutional Court ruled on the application in the following composition:

Mr Victor POPA, President of the hearing,

Mr Aurel BĂIEȘU,

Mr Igor DOLEA,

Mr Veaceslav ZAPOROJAN, justices

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 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, Mrs. Irina Mizdrenco can be found on the list of alternate candidates for the office of MP in the Parliament of the Republic of Moldova for the XXth parliamentary term as representative of the Party of Socialists of the Republic of Moldova and Mr. Simion Grișciuc - on the list of alternate candidates for the office of MP in the Parliament of the Republic of Moldova for the XXth parliamentary term as representative of the Liberal Democratic Party of Moldova.

Also, at the validation of the MP mandate, the statement on the refusal to assign the MP mandate of the alternate candidate on the list of the Liberal Democratic Party Mrs Loretta Handrabura, was taken into account.

The Court found that the alternate candidates, Mrs. Irina Mizdrenco and Mr. Simion Grișciuc 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 there have not been established circumstances preventing the mandate validation.

Judgment of the Court

Stemming from the above reasoning, the Constitutional Court declared as Members of the Parliament of the Republic of Moldova, with mandate validation, Mrs. Irina Mizdrenco and Mr. Simion Grișciuc.

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.

 
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