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The Constitutional Court declared the amendment of the law on president election procedure as being constitutional

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This provision was contested with the Court by the communist members of parliament, Maria Postoico and Vadim Misin, who stated that by the amendment introduced on October 30, 2009, the Parliament exceeded its powers and interpreted the Constitution, which is the competence of the Constitutional Court.

The representative of the Communist Party of Moldova in Court, Sergiu Sirbu, noted that they do not contest the one year term, provided by the Law, but only the fact that the Parliament introduced this provision unconstitutionally.

In addition, Sirbu requires the replacement of CC member, Victor Puscasu, arguing that he exposed his opinion on this matter in public, which is prohibited. The Court accepted his appeal, replacing the judge.

Moreover, the representative of the Parliament, Ion Creanga and of the government, Oleg Efrim, asked CC to reject the Communist's appeal. „The right to regulate legal norms belongs to the Parliament and the CC has the role of interpreting constitutional norms", mentioned Ion Creanga. He noted that the legislative was driven by the fact that the procedure of president election is determined by the organic law, meaning that the Parliament was entitled and even obliged to regulate these norms.

According to Sirbu, the decision of the Court will affect the authority of CC, because this way the Parliament acquired the right to interpret the Constitution.

The decision of the Constitutional Court of the Republic of Moldova comes shortly after the Venice Commission, published the opinion that the Parliament should be dissolved only after a year since the last dissolution.

According to art. 85, paragraph. 3 of the Constitution, „ the Parliament can be dissolved only once in a year. At the same time, art. 78 provides that „the procedure of election of the President of the Republic of Moldova is established by organic law". On October 30, 2009, the MP's from the Alliance for European Integration added one new sentence in the paragraph 3 of article 10 of the Law on President election procedure, stating that „the next dissolution of Parliament can occur only after a year since the last dissolution". In this case, the current Parliament cannot be dissolved before June 16, 2010.

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