Regarding The Validation Of Mandates Of Deputy In The Parliament Of The Republic Of Moldova (19E/referral No. 2016)

Original Language Title: privind validarea mandatelor de deputat în Parlamentul Republicii Moldova (Sesizarea nr. 19e/2016)

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    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 POPA, judges, with the participation of the Registrar Ms. Eugenia Mîța, considering the appeal filed on March 15, 2016, 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 15 March 2016, 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 15 March 2016 referral has been declared admissible, without prejudeca Fund case.
3. At the meeting of the Court attended the Central Election Commission Chairman, Mr. Iurie Ciocan, and the representative of the parliamentary faction of the Democratic Party of Moldova, Serghei Sîrbu.


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. 32 since March 11, 2016 shall be as follows: "1. -Take note of the resignation of Mr. Member of Parliament Konstantin BOTNARI, elected from the Democratic Party of Moldova.
Article 2.-shall be declared vacant a member of Parliament who belongs to the Democratic Party of Moldova.
Article 3.-this decision shall enter into force on the date of its adoption. "
7. The relevant provisions of the decision of the Parliament. 33 of 11 March 2016 shall be as follows: "1. -Take note of the resignation of Mr. parliamentarian Imran CADER, elected from the Democratic Party of Moldova.
Article 2.-shall be declared vacant a member of Parliament who belongs to the Democratic Party of Moldova.
Article 3.-this decision shall enter into force on the date of its adoption. "


LAW 8. Through Decisions No. 32 No. 33 since March 11, 2016, the Moldovan Parliament said two Deputy seats vacant on the list of the Democratic Party of Moldova, following the resignation of Deputies Carlos Botnari and Iurie Cain, elected on behalf of the party.
9. The Central Election Commission, by decision No. 4587 of 15 March 2016, took note of the two holidays for Parliament and the Constitutional Court has made the proposal to declare elected as deputies in the Parliament of the Republic of Moldova, with the validation of mandates, Mrs. V. Raghu and Mr Sergei Chiseliov, the list of Deputy candidates of the Democratic Party of Moldova, presented respective materials.
10. the Court notes that on 11 February 2016 when the current term of Office configurations of the Central Election Commission has expired, however, under art. 17 para. (6) of the code, where the Central Election Commission's mandate expires in the course of the election period, the term of Office shall be extended by law until the expiry of that period and the subsequent entry of the new members.
11. In this respect, the Court finds that the new local election is carried out in localities Sărata-Yellow, Hâncești, and Red Eye, Anenii Noi, elections set for May 15, 2016.
12. Therefore, the court notice that, although the Central Election Commission's term of Office has expired, however, considering that new local elections are conducted on the basis of constitutional law and the principle of continuity, the Commission's mandate was expanded.
13. 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.
14. According to article 69 para. (1) of the Constitution, enters in the deputies of their mandate under condition of validation.
15. 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.
16. From the Central Election Commission shows that became vacant two warrants for parliamentarian belonging to the Democratic Party of Moldova.
17. 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.
18. Thus, Mrs. V. Raghu and Mr Sergei Chiseliov are found on the list of Deputy candidates to the position of Member of Parliament of the Republic of Moldova of the twentieth legislature on behalf of the Democratic Party of Moldova.
19. Ms. Valentina alternate Candidates Raghu and Mr Sergei Chiseliov presented statements by the Central Election Commission, by having accepted the mandate of Deputy in the Parliament of the Republic of Moldova, assuming the obligation to eliminate incompatibilities within the time limits prescribed by law. 
20. In the plenary session were not established the circumstances likely to hamper the validation of mandates of Parliament member assigned by the Central Electoral Commission:-Mrs. Valentina, born in 1968, residing in mun. Chisinau, doctor, doctor-Chief of central Clinical Hospital "Rail" Alternate candidate on the list of the Democratic Party of Moldova;
-Mr. Serghei Chiseliov, born in 1970, domiciled in mun. Bălţi, manager, director of "Tellus", Alternate candidate on the list of the 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 deputies in the Parliament of the Republic of Moldova, with the validation of mandates, Ms. V. Raghu and Mr Sergei Chiseliov, the list of the 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