On behalf of the Republic of Moldova, the Constitutional Court, acting in the following members: Mr. Alexandru Tanase, President Mr. Aurel BĂIEȘU, Mr. Igor DOLEA, Mr. Victor PALMER, Mr. Zadrahimi, judges, with the participation of the Registrar Ms. Eugenia Mîța, considering the appeal filed on 17 March 2017, recorded at the same time, examining the appeal in public plenary, taking into account the laws and proceedings, Acting in the Council Chamber following the judgment, a decision: 1. The origin of the case lies to refer to the Central Election Commission concerning the validation of an mp in the Parliament of the Republic of Moldova submitted to the Constitutional Court on 17 March 2017, pursuant to articles 62, 69 para. (1) and 135 para. (1) (a). e) of the Constitution. (1) (a). e) of the law on the Constitutional Court and of the implementing regulation. (1) (a). e) 16(1). (1) and 38 para. (4) constitutional jurisdiction code.
2. By decision of the Constitutional Court of 17 March 2017 referral has been declared admissible, without prejudeca Fund case.
3. At the meeting of the Court attended by Vyacheslav Brooke, the Secretary of the Central Election Commission, and Maria Ciobanu and Tudor Deliu, the representatives of the parliamentary faction of the Liberal Democratic Party of Moldova.
PERTINENT LEGISLATION 4. The relevant provisions of the Constitution (Official Gazette, no. 1, 1994) are as follows: Article 62Validarea of the Chamber of deputies ' Constitutional Court, upon a proposal by the Central Electoral Commission, acting Deputy mandate or validation not validating him in case of violation of the electoral legislation. "


Article 69Mandatul of Deputies "(1) Deputies shall enter into the exercise of their mandate under condition of validation.
[…].”
5. The relevant provisions of the electoral code no. 1381-XIII of 21 November 1997 (Official Gazette, 1997, no. 81, art. 667) are as follows: Article 88Atribuirea mandates "[...]
(2) candidates included in the lists of candidates who have passed the threshold of representation as set out in art. 86, but were not chosen, are declared alternates. Alternate candidate will be declared elected by the Constitutional Court, the Central Electoral Commission are addressed, if, for some reason, a lawmaker belonging to the party, socio-political or electoral bloc which nominated her/him will become vacant. Alternate nominee may decline the mandate of lawmaker, but a statement in writing to the Central Electoral Commission.
[…].”


Article 89Confirmarea of the election results and validation of mandates of the Constitutional Court "[...]
(2) within 10 days after receiving the documents from the Central Electoral Commission, but no earlier than the final settlement by the courts of appeals submitted in accordance with procedures established by law, the Constitutional Court shall either confirm or not, by a notice, the legality of the elections. At the same time, the Constitutional Court shall validate the mandates of the elected deputies and Deputy candidates lists confirms.
[…].”
6. The relevant provisions of the decision of the Parliament. 16 of 2 March 2017 are as follows: "1. -Take note of the resignation of parliamentarian Shyam, elected for the Liberal Democratic Party of Moldova.
Article 2.-shall be declared vacant a parliamentarian belonging to the Liberal Democratic Party of Moldova.
Article 3.-this decision shall enter into force on the date of its adoption. "
LAW 7. By decision No. 16 of 2 March 2017, the Moldovan Parliament said a vacant parliamentary seat on the list of the Liberal Democratic Party of Moldova, following the resignation of Deputy Shyam, elected for the party.
8. The Central Election Commission, by decision No. 774 14 March 2017, took note of the holidays an mp and has submitted a proposal for the Constitutional Court to declare elected as member of Parliament of the Republic of Moldova, with validation of mandate, Mr. Alexandru Barbăroșie, Alternate candidate on the list of the Liberal Democratic Party of Moldova, presented respective materials.
9. Thus, in accordance with the provisions of article 62 of the Constitution, the Constitutional Court, upon a proposal by the Central Electoral Commission, acting Deputy mandate or validation not validating his infringement of electoral legislation.
10. According to article 69 para. (1) of the Constitution, enters in the deputies of their mandate under condition of validation.
11. Pursuant to article 88 paragraph 1. (2) of the electoral code, candidates included in the lists of candidates who have passed the threshold of representation as set out in art. 86, but were not chosen, are declared alternates. Alternate candidate will be declared elected by the Constitutional Court, the Central Electoral Commission are addressed, if, for some reason, a lawmaker belonging to the party they represent will become vacant.
12. From the Central Election Commission shows that became vacant a parliamentarian belonging to the Liberal Democratic Party of Moldova.
13. On 9 December 2014, by decision No. 29, the Constitutional Court confirmed the results of the election for the Parliament of the Republic of Moldova of 30 November 2014, with the validation of mandates of the elected deputies, and confirmed the lists of candidates to the post of alternate member of the Parliament of the Republic of Moldova.
14. Thus, Mr. Alexandru Barbăroșie is found in the list of Deputy candidates to the position of Member of Parliament of the Republic of Moldova of the TWENTIETH legislature of the Liberal Democratic Party of Moldova.
15. Mr. Barbăroșie alternate Candidate presented to the Central Election Commission declared, accepting the mandate of Deputy in the Parliament of the Republic of Moldova.
16. In the plenary session were not established the circumstances likely to hamper the mandate validation by Parliament member assigned by the Central Election Commission Mr Alexandru Barbăroșie, born in 1974, domiciled in Mereni village, Anenii Noi, a history professor, manager of SC "Plai Mereni", Alternate candidate on the list of the Liberal Democratic Party of Moldova.
For the reasons above, in accordance with the provisions of article 140 paragraph 1. (2) of the Constitution, 26 of the law on the Constitutional Court, "". (1) (a). 62 e) and subparagraph (c). (d) constitutional jurisdiction) of the code, the Constitutional Court DECIDES: 1. To be declared elected as member of Parliament of the Republic of Moldova, Mr. Alexandru mandate validation Barbăroșie on the list of the Liberal Democratic Party of Moldova.

2. This decision is final, cannot be subject to any appeal, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.

The PRESIDENT of the CONSTITUTIONAL COURT Alexandru Tanase