…BUT PRESIDENT ELECTION PROCEDURE HAS NOT BEEN DEFINED YET
10.03.2010
The 4 party leaders of the governing Alliance for European Integration stated to the press they have not yet decided about the procedure of electing president, but assured the procedure shall be changed in the new Constitution.
Parliament’s First Deputy Speaker and head of the Moldova Noastra Alliance Serafim Urechean stated after the AEI consultations on Tuesday night, “The reform shall be implemented by adopting a new Constitution by means of holding a national referendum. All steps and actions shall be made in strict accordance with the legislation”.
The AEI leaders avoided saying concretely how Moldova president is going to be elected – by a simple majority of 52 MPs in the 101-member Parliament of Moldova or by an all-nation voting.
Acting President and Parliament Chairman Mihai Ghimpu said that the decision on holding a national referendum was approved by all the four AEI party leaders, that the new Constitution shall be adopted by this June 16 at the latest, and that this will permit avoiding a parliament dissolution and an early election.
As Infotag has already reported, after the April 5, 2009 ordinary parliamentary elections the Parliament of Moldova failed to elect a new president. The Communist Party, which won the elections and got 60 mandates in the legislative forum, short-received only 1 vote needed to elect a new head of state. For that, it was necessary to have minimum 61 votes. The outgoing President and Chairman of the Communist Party, Vladimir Voronin, dissolved the Parliament and set the date of an early election – July 29. That, time, however, the Communists received 48 mandates, and the rest 4 parties got united into a parliamentary majority Alliance for European Integration of 53 MPs, formed a Government and other state power organs, but failed to elect a president.
On December 7, the only presidential candidate, Democratic Party Chairman Marian Lupu received 53 ballots of his Alliance colleagues, which was insufficient for becoming a president. By law, the Acting President, Parliament Chairman Mihai Ghimpu was supposed to disband the Parliament and announce the date of an early parliamentary election.
But this very legislation says that the Parliament may be dissolved not earlier than 1 year from its last dissolution date, i.e. after June 16, 2010. With an account of an election campaign, which must last not shorter than 45 days, next parliamentary election may take place only in autumn 2010. At the same time, the AEI leaders have set up a Commission for Constitutional Reform so as to amend the 1994 Constitution, elect a president, and avoid an early parliamentary election.
Moldova abolished a nation-wide electing of president in 2000, when a constitutional reform was undertaken. Then, the Parliament was dissolved due to its inability to elect the head of state. And only in 2001 a president was elected without problem [because the Communist won 70 mandates in the forum], and in all the rest instances presidential elections led to scandals or dissolution of parliament and holding an early parliamentary election.
Last week, the Council of Europe’s Venice Commission recommended the Moldovan lawmakers to avoid reconsidering the whole Constitution, but to achieve a consensus in parliament and amend only Article 78 in the Constitution that stipulates the presidential election procedure. However, the Communists are insisting on holding an early election first, and only after that they are ready to consider amending the Constitution – already in next Parliament. But the majority AEI keeps on insisting that the problem has to be solved in the incumbent Parliament, and an early election should be avoided.
To adopt a new Constitution by holding a national referendum, it is necessary to receive the support of over 50% citizens included into voter lists.
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