Moldova's Constitutional Court gives green light to amend the Constitution on electing president
On Thursday, the Constitutional Court formulated its positive conclusion concerning the draft law on amending Article 78 of the Constitution [election of president].
According to the existing legal procedure, the draft law is now subject to consideration by parliament, but not earlier than 6 months since the date of the bill's publication in the Monitorul Oficial governmental paper. Such kind of bills require minimum 68 ballots in the Moldovan Parliament of 101 to become a law.
The presently opposition Moldovan Communist Party (MCP) has proposed a number of amendments to the constitutional procedure of electing president that meet the Venice Commission recommendations. The amendments stipulate that the Parliament elects the head of state in no more than 3 rounds and from among minimum 2 candidates. Namely, the first round requires minimum 61 ballots to elect president. If this attempt is unsuccessful, in the second round the necessary minimum goes down to 57 ballots, and in the 3rd round - to 52 ballots. In case of an election failure, the outgoing president dissolves the Parliament within next 10 days, and organizes an early parliamentary election within maximum 60 days.
CC judges have recommended the Parliament to avoid including into the Constitution the provisions saying that president is elected only on an alternative basis, that the parliament is dissolved within 10 days from presidential election failure, and that the new provisions come into effect upon the dissolution of the current Parliament of the 18th convocation. The Constitutional Court presumes these may well be adopted through a corresponding organic law.
On May 4, the Constitutional Court is supposed to give its conclusion on yet another bill, worked out by the governing Alliance for European Integration and envisaging a nation-wide, direct election of the head of state. Like for the above-mentioned MCP bill, this document will require minimum 68 ballots to become a law. The majority alliance has 53 deputies, and the Communist faction - 43.
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