Ratification of the Rome Statute of the International Penal Court: an imperative issue on Moldova's European Integration Agenda

To investigate the most heinous crimes of the twentieth century - genocide, crimes against humanity and war crimes, the international community has set up ad hoc tribunals such as the International Military Tribunals at Nuremberg and Tokyo, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for former Yugoslavia. However, genocide, crimes against humanity and war crimes remain a grim reality of the world today.

The Independence Day in Chisinau © Moldova Azi

Constitution should be adapted to political and social realities, Doctor of Law

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The professor says the initiation of a constitutional reform becomes inevitable when the political class cannot reach a consensus, Info-Prim Neo reports, quoting an analysis by Ion Guceac.

Ion Guceac says the revision of the Constitution should not be interpreted as a caprice or vainglory, but rather as an opportunity because every constitutional development stage in a country includes a starting point, a period of ascent and a period of decline or transformation.

The professor also said that any initiative to review the Constitution must be accompanied by arguments. "Regretfully, the Constitution of Moldova does not specify the form and content of the document whereby the necessity and opportunity of amending the Constitution can be explained. Article 141, paragraph 2 suggests that the intention to review the Constitution should be materialized in draft constitutional laws, not as in other European states," the author says.

Ion Guceac reminds that an attempt was made in Moldova to abrogate the Constitution. "The process was initiated by the Moldovan President's initiative of February 12, 2003, when there was published the Moldovan authorities' proposal to solve the Transnistrian conflict on the basis of a new Constitution that would legalize the future reunified state's federal system," Guceac said.

According to him, attempts to implement constitutional reforms can be expected every time

the political payers realize the necessity of making such changes. He said that such trends are natural as the political and social situation changes and the juridical reality should adapt itself to theses changes.

"At the same time, it is our duty to warn when there is a danger that the constitutional norms may be distorted by planned reform, fraud or violation of the constitutional texts. This runs counter to the principles of a state of law to which Moldova aspires," Ion Guceac said.