PRO-CHANGE ADVOCATES BELIEVE IT IS POSSIBLE TO RECALL DEPUTIES FROM PARLIAMENT…

The supporters of the Democratic Party-proposed bill on changing electoral system in Moldova presume it is possible to revoke deputies from parliament. On Friday, the parliamentary hearings were dedicated to discussing those provisions in the bill on amending the Election Code which are stipulating also the possibility of recalling deputies through holding regional referenda – in electoral constituencies concerned.

Presenting the DP bill, MP Sergiu Sirbu stated confidently that “citizens are discontented with the current state of things and want to have right not only to elect but also to recall their deputies”.

“We believe that this provision must be included into the Election Code. Yes the provision is on the verge of legitimacy, if to proceed from Article 68 of the Constitution saying that any imperative mandate is not valid. But there is also Article 69 stipulating instances when parliamentary mandates cease functioning [in cases of resignation, deprivation of mandate, incompatibility or the death of a deputy]. We must improve the legislation in the people’s interests”, stated DP Faction Secretary Sergiu Sirbu.

He presumes that such improvement process may require amendments to the Constitution.

Sirbu was supported by analysts standing for approving the proposed DP bill.

The Director of the Institute for Effective Policies, Chisinau political scientist Vitaly Andrievsky reminded that according to the Moldovan legislation, power in the republic belongs to the people.

“So we should proceed exactly from this. We should pass from the collective irresponsibility, which is often caused by elections based on party lists, over to a personal responsibility stipulated by elections based on single-mandate constituencies. And secondly: all deputies must feel the sword of Damocles above their heads – the provision that they may be recalled by voters for a bad job. It well may be that nobody will be recalled from the Moldovan Parliament – never, but such a possibility should be envisaged”, stressed Vitaly Andrievsky.

Expert Valeriu Renita stated that the Democratic Party’s legislative initiative meets the people’s interests.

“All recent opinion polls are showing that Moldovan voters want precisely what is written in this bill. Everybody understands this, even the interested experts standing up against electoral system changing. They recognize the imperfectness of the current system but, proceeding from certain political interests, they say that the people’s desire can be ignored”, said Valeriu Renita.

Chisinau political analyst Roman Mihaes also believes it is necessary to fix in the legislation the provision on recalling deputies from parliament.

“I disagree with the assertions that such provisions do not exist in European countries. They do exist, though as an exception, in Portugal, Ukraine and Germany. Yes these countries were criticized by the Council of Europe, but they decided so! This is possible in Moldova, too. The people must be given the right to elect as well as to recall deputies. In very strict conditions, as an exception, such right of recalling must be provided for”, believes Roman Mihaes.

…BUT CONSTITUTIONAL COURT AND EUROPEAN CONVENTIONS DO NOT PERMIT DEPUTY RECALLING

The Constitutional Court of the Republic of Moldova and the European conventions, which Moldova is part to, do not permit to recall deputies of parliament, Rodica Secrieru of the Constitutional Court stated at the parliamentary hearings on Friday.

She cited the explanations contained in a whole list of Constitutional Court decisions, including the CC judgment of 2012.

“You can find there a clear-cut and well-founded explication of the constitutional provision saying that any imperative mandate is not valid. A deputy may not be recalled from the Parliament if he fails to fulfill some assignments given to him by citizens or the party, from which he was elected to the forum. Since the moment of taking an oath, the deputy is on the service of the people, and may not be subjected to punishments like this”, said Secrieru with reference to numerous CC arguments.

She stressed that the Constitution-stipulated cessation of plenary powers does not mean the right to recall deputies for their non-fulfillment of citizens’ wishes.

“No, this is impermissible because in such case the deputy is simply becoming a usual representative of his electorate, like municipal councilors or heads of local power administrations. A deputy is not supposed to obey to a party or voters in the execution of his constitutional duties. The deputy proceeds from and acts in national interests, and not in the interests of a town or village he was elected from”, said the Constitutional Court representative.

Rodica Secrieru categorically refuted MP Sergiu Sirbu’s assertion that some CC decisions are allegedly contradictory.

“You will not find whatever contradictions in Constitutional Court decisions. In this particular case, the CC conclusion is based also on the Resolution 1303 of the Council of Europe, which demands from all countries reliable guarantees that deputies may not be recalled. This is a general principle of the functioning of democratic institutions in Europe. The Moldovan Constitution contains such guarantees, and they may not be restricted with any other laws”, stressed the CC representative.

Secrieru was supported by former Constitutional Court Chairperson Dumitru Pulbere, who stressed that Article 68 in the Constitution clearly indicates the invalidity of an imperative mandate, “therefore any other interpretations are inappropriate and irrelevant here”.

Constitutional law expert Dr. Nicolae Osmochescu, a former Constitutional Court Judge, also said that Articles 68, 69, 70 and 72 in the Constitution do not permit recalling of deputies.