Repere constituţionale pentru depăşirea crizei politice în Republica Moldova: Argumente teoretice şi Soluţii practice
Constitutional landmarks for overcoming the political crisis in the Republic of Moldova: Theoretical arguments and practical solutions

Author(s): Victor Popa
Subject(s): Constitutional Law, Governance, Corruption - Transparency - Anti-Corruption
Published by: IDIS VIITORUL Institutul pentru Dezoltare şi Initiative Sociale
Keywords: constitutional conflicts;
Summary/Abstract: This study is an attempt to signal a situation of constitutional conflict, manifested by the accumulation of incompatibilities of holding political and administrative mandates, in the context of the crisis after the elections of April 5, 2009. Reactions to events and legal nihilism of some high state officials have produced effects, which the Constitutional Court, together with the political class of the Republic of Moldova, must resolve, at this moment, in order not to turn the mistakes committed, rigorously analyzed in the following, into a dramatic episode, denial, or even suspension of the Constitution. // In particular, this study shows the existence of effects produced by the adoption of unconstitutional decisions, including related to the election of the President of the Parliament, and at the same time, the retention of the position of President of the Republic of Moldova by one and the same person, coming in flagrant contradiction. with the provisions of the Constitution and the law on the status of the deputy in the Parliament. In particular, the author considers it opportune to annul the decision to validate the elections for the position of President of the Republic of Moldova on 3.06.09 and the second round in accordance with the provisions of the Constitution and the Law on the procedure for electing the President of the Republic of Moldova.

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