CONSTITUTIONAL COURT SAYS THAT PARLIAMENT MAY NOT GET SELF-DISSOLVED

The Constitutional Court of the Republic of Moldova has confirmed that the Moldovan Parliament may not resort to a self-dissolution. The Court took such decision on Monday in response to an inquiry submitted by deputies of the Party of Action and Solidarity (PAS).

In their inquiry, the PAS parliamentarians referred to the experience of other countries. The deputies believe that the Parliament may get self-dissolved if such step is supported by a constitutional majority i.e. by 67-of-101 parliamentarians.

The Constitutional Court reminded that there already is a CC decision of November 10, 1997 clearly saying that a Parliament dissolution is only possible on the basis of Article 85 of the Constitution stipulating that in case a government fails to be formed or if the passing of laws fails for 3 months, the President of Moldova may dissolve the Parliament following consultations with parliamentary factions.

Constitutional Court Chairperson Domnica Manole told a press briefing on Monday that the President may dissolve the Parliament only in conditions prescribed in the Constitution.

"Parliament dissolution is a punishment upon the legislative forum for its own inactivity and not for the actions or inactivity of other institutions or political actors", stressed Domnica Manole.

In her words, the Constitutional Court must provide explications in case of unclear provisions in the Constitution, and "Therefore the Court is not supposed to explain definitely clear provisions of the Constitution, like in instances when such explanations have already been made before".

Domnica Manole stressed that in this particular case the Constitutional Court is not supposed to examine the deputies' inquiry because the Constitutional stipulates clearly when a parliament dissolution is possible.