The Constitutional Court declared unconstitutional Parliament’s decision to resign the President of the Constitutional Court and the following appointment of Boris Lupașcu for the judge position at the Court.
On Tuesday, April 27, the Constitutional Court declared unconstitutional the decisions approved by the Socialist-Shor deputies regarding the decision to cancel the mandate of the President of the Constitutional Court, Donnica Manole, and to appoint the lawyer Boris Lupașcu as a judge at the Constitutional Court.
Before the Court’s decision, in a letter addressed to the Parliament and the Constitutional Court, Lupașcu requested canceling the mandate by which he was appointed judge by the Socialist-Shor parties motivating his act by the unrest in the society that resulted from it.
“Related to the upheaval of society that resulted from the Parliament’s decision on April 23, 2021, to appoint me as a judge at the Constitutional Court, pursuing the goal to establish peace in a society that is antagonized by popular statements of politicians and alleged opinion formers, but also by not accepting the further damage to the images of the High Court, I respectfully request the annulment of the appointment in this position, with the voluntary renunciation of the entrusted mandate,” the document in possession of ZdG shows.
After Boris Lupașcu requested the annulment of his mandate, the deputy of the Action and Solidarity Party Sergiu Litvinenco stated that this “does not relieve him of criminal liability of power grab if it is found that he committed the crime.”
“The coup d’état failed miserably – even Lupașcu gave up. It doesn’t matter that he has nothing to give up – that he is not a judge of the Court at the moment – but the act matters. However, this does not relieve him of criminal liability for power grab if it is found that he committed the crime,” Litvinenco wrote in a post on Facebook.
The Socialist Party President Igor Dodon commented Court’s decision by saying that the Court ”has become a political tool in the hands of usurping politicians” and that ”a tough political struggle awaits us in the early parliamentary elections”.
”In its latest decisions, the Constitutional Court confirmed what we all know – this institution has become a political tool in the hands of usurping politicians, being used when a political solution must be identified, avoiding the provisions of the Constitution. In the coming months, a tough political struggle awaits us in the early parliamentary elections. The West relies on the puppet political forces it controls: the party of Maia Sandu, Renato Usatîi, and that of the unionists.”
The judges of the Romanian Constitutional Court express their full solidarity and empathy towards the members of the Constitutional Court of the Republic of Moldova (CC) and disapprove of the concerted attacks on the CC, as well as the constitutional crisis created in the Republic of Moldova.
The Constitutional Court of Romania announces its solidarity with the Moldovan Court.
“We express our full solidarity and empathy towards our colleagues, members of the Constitutional Court of Moldova. We disapprove of the concerted attacks and the constitutional crisis created, which seeks to annihilate efforts to build, maintain and consolidate a genuine democracy,” it is shown in the informative note.
The Socialist-Shor deputies voted for the resignation of three judges of the Constitutional Court, accusing them of usurping the constitutional institution. The opposition describes it as an attack on the Constitutional Court and calls for protests.
President Maia Sandu requested the General Prosecutor’s Office to investigate the actions carried out by the parliamentarians on Friday under the aspect of usurpation of state power. Sandu called on the international community to monitor the situation in Moldova.