QUAND LA COUR CONSTITUTIONNELLE MOLDAVE S’EFFORCE D’ÉTEINDRE LE FEU QU’ELLE A ELLE-MÊME ALLUMÉ. À PROPOS DE L’ARRÊT N° 9 DU 26 MARS 2024
WHEN THE MOLDOVAN CONSTITUTIONAL COURT STRIVES TO EXTINGUISH THE FIRE IT ITSELF STARTED. REGARDING JUDGMENT NO. 9 OF 26 MARCH 2024

Summary/Abstract: The ineligibility of candidates from the “Șor” party, imposed for five years by a new law adopted following the Moldovan Constitutional Court’s ruling of June 19, 2023, finding the party unconstitutional, has provoked strong reactions, both politically and legally. Following the recommendations of the Venice Commission, the High Court declared this law unconstitutional, noting violations of the procedure for its adoption, as well as violations of a substantive nature. This article highlights the tensions that have arisen between democratic requirements and the increased politicization of the Constitutional Court's interventions and encourages reflection on the development of mechanisms and procedures to prevent them, given the increased risk of delegitimizing the institution.

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