Validation Of A Mandate Of A Deputy In The Parliament Of The Republic Of Moldova (Referral No. 54E/2015)

Original Language Title: privind validarea unui mandat de deputat în Parlamentul Republicii Moldova (Sesizarea nr. 54e/2015)

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362321

validation of a mandate of a Deputy in the Parliament of the Republic of Moldova (Referral No. 54e/2015)



Published: 18.12.2015 in Official Gazette No. 340-346 art no: 40 date of entry into force: 10.12.2015 In the name of the Republic of Moldova, the Constitutional Court, acting in the following members: Mr. Alexandru Tanase, President, Mr. Aurel BĂIEȘU, Mr. Mr. Talal Igor DOLEA, GEOGRAPHIC LOCATION, Mr. Victor POPA, judges, with the participation of Mrs. Ludmila Chihai, Registrar having regard to the appeal lodged on 8 December 2015, registered on the same day examining the appeal in public plenary, taking into account the laws and proceedings, Acting in a closed plenary session, Pronounce the following judgment: 1. The origin of the case lies the appeal lodged with the Central Electoral Commission, the Constitutional Court on December 8, 2010, pursuant to the provisions of articles 69 62, 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, concerning the validation of an mp in the Parliament of the Republic of Moldova.
2. By decision of the Constitutional Court of 8 December 2015 referral has been declared admissible, without prejudeca Fund case.
3. At the plenary session of the Court was also attended by the President of the Central Electoral Commission, Mr. Iurie Ciocan. The parliamentary Liberal Party was represented by Mr. S. Mîțu.
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, 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. 209 of 20 November 2015 are as follows: "1. -Take note of the resignation of Mrs Seex parliamentarian, elected as a Liberal.
Article 2.-shall be declared vacant a member of Parliament who belongs to the Liberal Party.
Article 3.-this decision shall enter into force on the date of its adoption. "in LAW 7. By decision No. 209 of 20 November 2015, Moldova's Parliament said the vacancy to a member of Parliament on the list of the Liberal Party, following the resignation of Deputy Seex.
8. The Central Election Commission, by decision No. 4340 December 2015, 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 Valerian Bejan, Alternate candidate for the Liberal Party.
9. 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, socio-political or electoral bloc which nominated her/him will become vacant.
12. From the Central Election Commission shows that became vacant a parliamentarian belonging to the Liberal Party.
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. Babic found on V6 list Liberal.
15. alternate Candidate Mr. Valerian Babic presented the Central Electoral Commission declaration, by which he 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.
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 Valerian Bejan, born in 1958, domiciled in Mândreşti r-nul Telenesti, June, Alternate candidate for the Liberal Party.
For the reasons stated under 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, with validation of mandate, Mr Valerian Bejan, the list of the Liberal Party.
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