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The Validation Of Mp Mandates In The Moldovan Parliament (Notification No. 40E / 2015)

Original Language Title: privind validarea mandatelor de deputat în Parlamentul Republicii Moldova (Sesizarea nr. 40e/2015)

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On behalf of the Republic
Constitutional Court, sitting in the following composition:
Mr. Alexandru Tanase, President, Mr. Aurel
BĂIEŞU, Mr. Igor
DOLEA,
Mr. Victor POPA, judges || | with Ms Ludmila Chihai Registrar.
Considering the complaint lodged on 21 October 2015
recorded at the same time examining the complaint in plenary
public
Considering documents and materials, deliberated in plenary closed
,
Delivers the following judgment: PROCEDURE

1. The case originated in the Central Election Commission complaint filed at the Constitutional Court on 21 October 2015, pursuant to the provisions of Articles 62, 69 para. (1) and 135 para. (1) e) of the Constitution, paragraph 4. (1) e) of the Law on Constitutional Court and 4 para. (1) e), 16 par. (1) and 38 par. (4) of the Constitutional Jurisdiction Code, the validation of MP mandates in the Moldovan Parliament.
2. By decision of the Constitutional Court of October 21, 2015 notification was admissible, without prejudging the merits.
March. At the plenary sitting of the Court public attended Central Electoral Commission, Iurie Ciocan. Factions, who announced holiday of mandates, were represented by Mr Vasile Bolea, Party of Socialists of the Republic of Moldova, and Mr Lilian Deliu Democratic Party of Moldova.

Relevant legislation in April. The relevant provisions of the Constitution (OJ 1994, no. 1) are:
Article 62

Validation of Members Mandates


"The Constitutional Court, the Central Election Commission proposal decide upon the validation or invalidation of the mandate of deputy to infringements of electoral law."
Article 69Mandatul Members


"(1) Deputies shall exercise their mandate under condition of prior validation.
[...]. "
May. No relevant provisions of the Electoral Code. 1381-XIII of 21 November 1997 (OJ 1997, no. 81, art. 667) are:
Article 88Atribuirea mandates


"[...]
(2) The candidates included in lists of electoral candidates who have passed the threshold of representation established in Art. 86 but were not elected, are declared subsidiary. Candidate shall be declared elected by the Constitutional Court, the Central Election Commission to address if, for some reason, a mandate belonging to the party, socio-political or electoral bloc he represents becomes vacant. Candidate may decline the mandate of deputy by submitting a written statement to the Central Election Commission.
[...]. "

Article 89Confirmarea election results and validation of mandates by the Constitutional Court


"[...]
(2) Within 10 days after receiving documents from the Central Election Commission, but not before final settlement by the courts of appeals submitted under the procedures established by law, the Court Constitutional confirm or deny, through a decision, the legality of elections. Simultaneously, the Constitutional Court validated the mandates of elected and confirmed lists of deputy candidates.
[...]. "
June. The relevant provisions of Parliament Decision no. 173 of October 15, 2015 are as follows:
"Art.1. - Take note of the resignation of Mr. Ion CEBAN Member of Parliament elected from the Socialist Party of Moldova.
Art.2. - It is declared vacant a mandate in Parliament, which belongs to the Socialist Party of Moldova.
Article 3. - This decision shall enter into force upon adoption. "
July. The relevant provisions of Parliament Decision no. 174 of October 15, 2015 are as follows:
"Art.1. - Take note of the resignation of Mr. Corman MP, elected from the Democratic Party.
Art.2. - It is declared vacant a mandate in Parliament, which belongs to the Democratic Party.
Article 3. - This decision shall enter into force upon adoption. "THE LAW

August. By Decision no. 173 and No.174 of 15 October 2015, the Moldovan Parliament declared vacant two mandates, one on the list of the Socialist Party of Moldova, following the resignation of deputy Ion Ceban and another on the list of Democratic Party as a result of MP Igor Corman resignation.

September. Central Election Commission, by Decision nr.4228 of 21 October 2015 took note of the two mandates holidays and forwarded the proposal to the Constitutional Court declared elected as Members of the Moldovan Parliament, the validity of the mandate, Mr. Adrian Lebedinschi, alternate candidate on the list of the Socialist Party of Moldova, Iurie and Cazacu, alternate candidate on the Democratic Party ticket.
10. In accordance with Article 62 of the Constitution, the Constitutional Court, the Central Election Commission proposal decide upon the validation or invalidation of the mandate of deputy to infringements of electoral law.
11. According to Article 69 para. (1) of the Constitution, Members shall start exercising their mandate under condition of prior validation.
12. According to Article 88 para. (2) of the Election Code, candidates included in lists of electoral candidates who have passed the threshold of representation established in Art. 86 but were not elected, are declared subsidiary. Candidate shall be declared elected by the Constitutional Court, the Central Election Commission to address if, for some reason, a mandate belonging to the party or electoral bloc he represents becomes vacant.
13. Central Election Commission of materials that have become vacant mandate of a Member of Parliament belonging to the Socialist Party of Moldova and a mandate in parliament belonging to the Democratic Party.
14. On 9 December 2014, by Resolution no. 29, the Constitutional Court confirmed the results of elections to the Moldovan Parliament on 30 November 2014, with validation of the mandates of deputies and confirmed lists of deputy candidates for deputy of the Moldovan Parliament.
15. Thus, Mr. Adrian Lebedinschi being found on the list of the Socialist Party of Moldova, Iurie Cazacu and being found on the list of Democratic Party.
16. However, the validity of the mandate MP candidate statement to take account of Mr Victor Chiriac alternate on the list of Democratic Party, which refused assignment from office.
17. Replacement candidates, Mr. Adrian Lebedinschi and Mr Iurie Cazacu, the Central Election Commission presented statements, which accepted the office of Member of Parliament of Moldova, assuming the obligation to eliminate incompatibilities within the time prescribed by law.
18. In the plenary session have not been established circumstances such as to prevent validation of the mandates of MP assigned to the Central Election Commission:
- Mr Adrian Lebedinschi, year 1976 lives in mun. Chisinau Lawyer, alternate candidate on the Socialist Party list Republic of Moldova;
- Iurie Cazacu year 1976 lives in mun. Chisinau Lawyer, alternate candidate on the Democratic Party ticket.
For these reasons, in accordance with Articles 140 para. (2) of the Constitution, 26 of the Law on the Constitutional Court 4 para. (1) e) and 62 lit. d) of the Code of Constitutional Court Constitutional

DECIDES:

1. It is declared elected as Members of the Moldovan Parliament, the validity of the mandate:
- Adrian Lebedinschi on the list of the Socialist Party of Moldova;
- Iurie Cazacu, the list of Democratic Party.
2. This decision is final, can not be subject to any appeal, shall enter into force upon adoption and shall be published in the "Official Gazette of the Republic of Moldova".