RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of August 6, 2020 No. 23

About interpretation of Articles 89, 91 and 98 h (1) Constitutions (address No. 96b/2020 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Liouba Shova,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Dumitra Avornik,

in view of the address,

registered on June 16, 2020,

having considered this address in plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address brought into the Constitutional court on June 16, 2020 by the deputy of Parliament of the Republic of Moldova Igor Muntyanu formed the basis for consideration of the case. The address is submitted according to the procedure of Art. 135 of h (1) to the item b) to the Constitution, Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction.

2. The author of the address asks the Constitutional court to give interpretation of Articles 91 and 98 of h (1)  and to explain to the Constitution the following questions:

"1. Whether the head of state has discretional law to propose any candidate for position of the Prime Minister and not to consider that the parliamentary majority during consultations suggested to appoint the specific candidate for Prime Ministers?"

2. Whether the head of state shall push to position of the Prime Minister of the candidate offered by parliamentary majority during consultations with parliamentary fractions?

3. If the head of state refuses to propose the candidate chosen by parliamentary majority and offered during consultations between the President of the Republic of Moldova and parliamentary fractions whether it is possible to state condition of temporary incompatibility on execution by the President of the obligations?

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