On behalf of the Republic of Moldova, the Constitutional Court, acting in the following members: Mr. Talbot, President, GEOGRAPHIC LOCATION, Mr. Aurel BĂIEȘU, Mr. Igor DOLEA, Dna Victoria IFTODI, Mr. Zadrahimi, judges, with the participation of Mrs. Eugenia Mîța, Registrar, considering the appeal filed on 6 June 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 mandates of Deputy in the Parliament of the Republic of Moldova submitted to the Constitutional Court on June 6, 2017, under articles 62, 69 para. (1) and 135 para. (1) (a). e) enactment 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 6 June 2017 referral has been declared admissible, without prejudeca Fund case.
3. At the meeting of the Court attended by the Secretary of the Central Electoral Commission, Mr. Veaceslav Brooke, and the representative of the parliamentary faction of the party of Socialists of the Republic of Moldova, Mr. A. Ladani.
PERTINENT LEGISLATION 4. The relevant provisions of the Constitution (republished in the Official Gazette, no. 2016, 78, art. 140) 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, by submitting a written statement to the Central Election 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. 85 of 25 may 2017 are as follows: "Art. 1.-It shall take note of the resignation of Mr Andrei NEGUTA Deputy in Parliament, elected from the party of Socialists of the Republic of Moldova.
Art. 2.-it is hereby declared vacant a member of Parliament, who belongs to the party of Socialists of the Republic of Moldova.
Art. 3.-this decision shall enter into force on the date of its adoption. "
7. The relevant provisions of the decision of the Parliament. 86 from 25 may 2017 are as follows: "1. -Take note of the resignation of Victor Lord's member of Parliament ANDREW, elected from the party of Socialists of the Republic of Moldova.
Art. 2.-it is hereby declared vacant a member of Parliament who belongs to the party of Socialists of the Republic of Moldova.
Art. 3.-this decision shall enter into force on the date of its adoption. "
LAW 8. Through Decisions No. 85 and nr. 86 from 25, 2017, the Moldovan Parliament said two Deputy seats vacant on the party of Socialists of Moldova, following the resignation of deputies of Parliament Andrei Neguta and Andre Victor, elected on behalf of the party.
9. The Central Election Commission, by decision No. 949 6th June 2017, took notice of vacation of two mandates of lawmaker and has submitted a proposal for the Constitutional Court to declare elected as deputies in the Parliament of the Republic of Moldova, with the validation of mandates, Mr. Stephen and Mr. Oleg S. Gandhi, alternate candidates in the list of Socialists of Moldova Party, presenting such material.
10. 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.
11. According to article 69 para. (1) of the Constitution, enters in the deputies of their mandate under condition of validation.
12. In accordance with article 88 para. (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.
13. From the Central Election Commission shows that became vacant two warrants for parliamentarian belonging to the party of Socialists of the Republic of Moldova.
14. 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.
15. Thus, Mr. Stephen and Mr. Oleg S. Gandhi can be found on the list of Deputy candidates to the position of Member of Parliament of the Republic of Moldova of the twentieth legislature party of Socialists of the Republic of Moldova.
16. Mr. Oleg shortlisted firms Deputy Stephen ii and Mr. S. Gandhi presented statements by the Central Electoral Commission who accepted the mandate of Deputy in the Parliament of the Republic of Moldova.
17. In the plenary session were not established the circumstances likely to hamper the validation of mandates of Parliament member assigned by the Central Election Commission:
-Mr. Oleg Cuciuc, born in 1971, domiciled in s. Sălcuţa, Causeni, engineer-technologist, Alternate candidate on the list of the party of Socialists of the Republic of Moldova;
-Mr. S. Gandhi, born in 1961, domiciled in or. Floresti, jurist, Alternate candidate on the list of the party of Socialists of the Republic 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, 4 para. (1) (a). 62 e) and subparagraph (c). (d) constitutional jurisdiction) of the code, the Constitutional Court DECIDES: 1. To be declared elected as deputies in the Parliament of the Republic of Moldova, with the validation of mandates, Mr. Stephen and Mr. Oleg S. Gandhi party of Socialists 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
