President can not be obliged to suspend activity in political parties during his/her mandate
President can not be obliged to suspend his/her activity in political parties during his/her mandate. This decision was made by the Constitutional Court (CC) as an answer to the claim of a group of MPs, who wanted to include the principle of the incompatibility of the office of Moldovan President with being the member of a party.
Sources within the CC Press Service stated for BASA-press that the initiative of the 36 MPs matches the constitutional stipulation in line with which 36 MPs have the right to start the revision of the Constitution and this initiative could be submitted to the parliament. But, the CC decided the introduction of the principle requested by the MPs in the Constitution breaks a constitutional stipulation.
„The draft of constitutional law aimed to be added to article 81 point 1 in the Constitution which stipulates that „During the mandate the Moldovan President is obliged to suspend his/her activity in political parties and public organizations" contravenes the constitutional article 142, point 2”. It specified that „no amendment of the Constitution is possible if it brings about the violation of the fundamental rights and liberties of the citizen or his guarantees”.
The CC decision is ultimate and can not be changed.
The claim was submitted to the CC by 35 MPs. They requested that the article 81 point (1) of the Constitution be amended, so that it stipulates that “during his/her mandate, the Moldovan President is obliged to suspend his/her activity in political parties and political bodies”.
The MPs specified that this would allow "the moral supreme authority in the state to be able to be objective and keep equidistant toward any political decision-maker, to ensure the stability and the necessary environment for this process, the participants in the political act accepting the president of the country as being a supreme impartial mediator". At the same time, they argue that this requirement is not only a necessity but also a tradition of the states with an advanced democracy.
At the same time, the Moldovan president, the Government and the Ministry of Justice hold the opinion that it is not imperative to include this amendment in the Constitution right now due to the fact that the current situation in our country is different from that in the other states. Thus, once the president is elected by the Parliament, by the vote of three fifths of the number of MPs, he becomes the political leader of the country, exercising the mediation function of the state authorities and society. // BASA-Press
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