Communist MPs Vladimir Voronin and Diana Caraman asked the Constitutional Court to check the constitutionality of a certain Electoral Code provision and look in particular at the Parliament resolution that set the presidential election date.
The plaintiffs argue that the Electoral Code provision conflicts with the Constitution, and the Constitution must prevail.
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Electoral Code, Art. 135(2) |
Moldovan Constitution, Art. 90(4) |
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“[The] election for the president of Moldova shall be held no later than 90 days before the term of the incumbent president is set to expire, but no later than the deadline set by Art. 90(4) of the Constitution”. |
“In 2 months from the date on which the vacancy of the office of president of Moldova occurs, an election shall be held in conformity with the law to elect a new president”. |
“The two months’ deadline established by Article 90, paragraph 4 of the Constitution is a constitutional-tier provision, whereas the deadlines laid out in Article 135, paragraph 2 of the Electoral Code is infraconstitutional-tier legislation. Ordinary legislators are not in the capacity to develop a constitutional provision going over the frames set by the constitutional convention”, argued MPs Voronin and Caraman, suggesting that Parliament’s decision of 16 May 2024 that set the presidential election day also violated the Constitution.
