An application to sensitize the Constitutional Court (CC) that was submitted by the Association “WatchDog.MD” Community to the Civic Coalition for Free and Fair Elections for being promoted was filed to the CC on July 20. This was taken and signed by the members of the Liberal-Democratic parliamentary group and by Liberal MP Lilian Carp, as subjects authorized to submit challenges to the High Court, IPN reports.
Liberal-Democratic MP Tudor Deliu said the CC was asked to interpret the constitutional norms so as to exactly determine the meaning of the norms specified in articles of the Constitution, namely: if the elections can be invalidated by competent state institutions in the absence of exact legal provisions and if the constitutional guarantees concerning the ensuring of the right to choose, the right to be chosen and the citizens’ right to take part in the administration of public affairs are affected by the invalidation of elections, in the absence of precise legal provisions and criteria.
The CC is also asked to provide explanations over the validation or invalidation of elections by courts of law in the absence of an argued application to annul the elections, accompanied by pertinent proofs on which it is based, submitted by voters, electoral bodies or electoral competitors who took part in the elections.
The Court is requested to says if the guaranteeing of the rule of law concept by ensuring the citizens’ right to take part in the administration of public affairs and the right to choose and be chosen can be ascertained in Moldova and if the constitutional case law should stipulate the criteria and electoral frauds that can lead to the invalidation of elections, before these regulation deficiencies are removed by the legislative authority.
Tudor Deliu said it is not within the remit of the CC to determine if the elections were correct or not. “We ask the Court to pronounce on those articles that refer to the rule of law, sovereignty, the right to vote, the right to administer public affairs, the violation of citizens’ basic rights and other articles,” he stated. The Lib-Dem noted that by this challenge the MPs want to protect the citizens in the future elections so that the things witnessed in the Chisinau mayoral elections do not repeat.
In a news conference at IPN, representatives of the Civic Coalition for Free and Fair Elections called on the subjects that can sensitize the CC to take the challenge from the platform www.alegerliber.md and register it with the High Court. The application was drafted by members of the Association “WatchDog.MD” Community and asks to interpret the Constitution’s norms that define the criteria that can lead to the invalidation of elections.
