After the Constitutional Court (CC) declared unconstitutional the political party “Shor” and ordered that no act of the bodies of this political party, adopted after the ruling, has legal value, some constitutional law experts came up with some reflections on the decision.

Alexandru Tănase, a former judge and ex-president of the High Court, said in a post on his Facebook page that the declaration of a political party as unconstitutional by the CC, regardless of the reasons, will have serious consequences on democratic processes in Moldova. According to the constitutional law expert, the long-term impact of such a ban depends on a number of circumstances, starting from the context in which it takes place and the good faith with which this ban will be implemented.

“In Moldova’s democratic system, the Constitutional Court has traditionally shown the necessary judicial activism, playing a key role in defending constitutional principles and values. It is for these reasons that the legislator has empowered the Court with the power to intervene when a political party acts in contradiction with the Constitution, for example by inciting violence or violating the fundamental rights and freedoms of citizens. In such cases, banning a political party can be seen as a measure to protect democratic values and ensure respect for the rule of law.

An essential detail to bear in mind is that banning a political party may limit the freedom of expression of opinions and lead to the restriction of political pluralism. Thus, if a ban on a political party is applied arbitrarily or for political reasons, this can undermine democratic principles and processes. For these reasons, the issue of the banning of a political party by the Constitutional Court requires that a reasonable balance is struck between the protection of constitutional principles and the values of the rule of law on the one hand and respect for political freedoms and democratic principles on the other.

Transparent financing of political parties is an essential element of democratic processes, building the consolidation of healthy political processes, respect for citizens’ rights and trust in the political system. It helps to maintain a balance between freedom of political activity and the need to prevent abuse and corruption in politics. Here are some reasons for the importance of transparency in political party financing, in addition to preventing corruption: Equal participation for all political parties and candidates in political competition; Trust and legitimacy in political processes; Prevention of influence from foreign agents or other states on political processes. The decision of the Constitutional Court of 19 June raised these principles to the level of constitutional principles, being binding for the legislator in all subsequent legislative regulations (…)”, Alexandru Tănase stressed.

Thus, according to Alexandru Tănase, if a political party violates the laws on funding and these violations are confirmed in court or in other legal institutions, a ban on its activity is possible.

“It is important that the decision to ban a political party is taken on the basis of objective and clear criteria, that the judicial procedures are fair and transparent, and that the application of such a ban respects the principles of the rule of law (…)”, he said.

In a commentary for Ziarul de Gardă, Alexandru Arseni, PhD in law and university professor, said that the CC’s ruling is “scientifically and logically reasoned, and is based on the constitutional regulations of the law”.

“The Constitutional Court’s ruling of 19 June on declaring the party in question unconstitutional is in strict accordance with the letter and spirit of the Constitution and the Law on Political Parties, because political parties do not by their definition or as an abstract, but through the members of the party participate in elections and acquire the mandate to exercise state power on behalf of the people and not in the interest of the gang. That is why this decision is scientifically and logically reasoned and based on the constitutional regulations of the law,” the expert said.

Asked whether the Constitutional Court’s declaration of the “Shor” party as unconstitutional would have certain consequences for democratic processes in Moldova, Alexandru Arseni said that the High Court’s decision should be implemented immediately.

“It’s not just that they could, but they must. This decision, which is constitutional and has entered into force, i.e. into legal force, must immediately be implemented. It must impact on the democratic process, uprooting the confusion of interest group gatherings with the process of the meaning of democracy. Democracy presupposes the dignity of man, his rights and freedoms, the free development of the human personality and the prominence of law, based on sound rules and starting from the human spirit. This ruling of the Constitutional Court is of a general nature and the requirements indicated in yesterday’s ruling must be made consistent for all parties registered as political parties. If they do not – irradiation. But this is a procedure that the Parliament and the Government already have to implement”, stressed the Doctor of Law.

On Monday, 19 June, the CC declared unconstitutional the political party “Shor”. According to the High Court, the “Sor” political party is considered dissolved and no act of the party’s bodies adopted after the ruling has legal value. The Ministry of Justice will appoint a commission to liquidate the political party, which will take all necessary measures to liquidate and remove the party from the State Register of Legal Entities.

After the High Court’s decision, the head of state said in a Facebook post that “state institutions are going to analyse the considerations of the CC decision and take the next steps in order to respect and effectively implement this decision”.

“From this moment on, political parties will probably not be able to carry out political activity in Moldova in any way, with any violation of the law,” stressed lawyer Eduard Digore, representing the government in the process. And former fugitive MP Ilan Shor, leader of the party of the same name, sentenced by the Chisinau Court of Appeal to 15 years in prison, threatened that “none of the perpetrators of this illegality will escape”.