Mołdawia: postanowienie Sądu Konstytucyjnego z dnia 24 listopada 2015 r. dotyczące wykładni ust. 1 i ust. 4 art. 85 Konstytucji Republiki Mołdawii w sprawie nieutworzenia rządu i rozwiązania parlamentu w trakcie ostatnich sześciu miesięcy kadencji prezydenta.
Moldova: judgment of the Constitutional Court of 24 November 2015 on the interpretation of paras. 1 and 4 of Article 85 of the Constitution of the Republic of Moldova concerning not establishing the government and dissolving the parliament during the last six months of the President’s term of office.
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The Constitutional Court of the Republic of Moldova decided that due to the parliamentary system of governance there prevails the necessity to ensure a parliamentary majority able to appoint the government. According to the Moldovan Constitutional Court, under present circumstances excluding the possibility of dissolving the parliament by the President during the last six months of the President’s term of office has no systemic justification, which in the presidential system of governance was preventing the President elected in universal elections from dissolving the parliament and holding presidential and parliamentary elections simultaneously, a political consequence of which would be the domination of the head of state’s adherents in the parliament. Since the President is elected in direct elections by the parliament, such restriction has no grounds. The Constitutional Court is of the opinion that the President has the right to dissolve the parliament, after seeking advice of parliamentary factions, also during the last six months of his/her term of office. This allows to overcome a political crisis and to establish, as a result of new elections, a parliament able to appoint a government to conduct the policy of the state.
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