The Constitutional Court Declares the Parliament Self-dissolution Impossible

The Constitutional Court Declares the Parliament Self-dissolution Impossible
by
18 January 2021 | 12:47

The Constitutional Court declared inadmissible the notification of the Action and Solidarity Party regarding the possibility of self-dissolution of the Parliament. The announcement was made today, January 18, by the president of the Constitutional Court, Domnica Manole, during a press briefing.

According to the president of the Constitutional Court, the Constitution of Moldova contains solutions regarding the dissolution of the Parliament before the expiration of the four-year term. Thus, the dissolution of Parliament is possible only under the conditions laid down in Article 85 of the Constitution.

Rule 85. Dissolution of Parliament

  • (1) In case of impossibility to form the Government or to block the procedure of adopting the laws for 3 months, the President of Moldova, after consulting the parliamentary factions, may dissolve the Parliament.
  • (2) The Parliament may be dissolved, if it has not accepted the vote of confidence for the formation of the Government, within 45 days from the first request and only after the rejection of at least two requests for investiture.
  • (3) Parliament may be dissolved only once in a year.
  • (4) The Parliament cannot be dissolved in the last 6 months of Moldova’s President’s mandate, nor during the state of emergency, siege, or war.

The PAS deputies, Mihai Popșoi, Dan Perciun, and Virgiliu Pâslariuc notified the Constitutional Court on December 31 for the interpretation of the Constitution in order to elucidate the possibility of dissolving the Parliament by adopting by the Parliament forum a decision in this respect with a qualified majority of two-thirds of the deputies.

According to the complaint, the deputies asked the court to explain how Parliament can take a decision on its self-dissolution and thus start the early parliamentary elections.

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