The complaint through which a group of Socialist lawmakers challenged the constitutionality of the Electoral Code provisions that allow for the extension of the president’s term in office by at least 90 days has been declared inadmissible by the Constitutional Court.

The complaint noted in particular that, under Article 135 (1) of the Electoral Code, the presidential election is organized within two months from the date on which the vacancy occurred. The PSRM deputies highlighted the fact that, based on these regulations, the elections can be organized within two months from the expiry of the last day of the president’s term in office. Article 135 (2) states that the date of the presidential election is decided by Parliament at least 60 days before the day of the elections. This means that the Parliament could set the date of the presidential election on the very last day of the President’s term in office.

Considering that the president exercises his or her term in office until the newly elected president is sworn in, the disputed rule allows for the extension of the president’s term in office by at least 90 days (taking into account the probability of a second round, the deadline for submitting appeals, the validation procedure and the oath taking).

The Constitutional Court held that after the complaint was lodged on December 6, 2023, the Parliament adopted on January 18, 2024 amendments to the Electoral Code. It was stipulated that “the date of the elections for the position of president of the Republic of Moldova is established by the decision of the Parliament at least 60 days before the day of the elections”. It was also established that “elections for the position of president are organized no later than 90 days before the date of expiry of the mandate of the incumbent president, but not later than the term established in art. 90 paragraph (4) of the Constitution of the Republic of Moldova”. Another adopted provision states that, “in the event of a vacancy in the position of president following resignation, dismissal, the definitive inability to exercise his/her duties or death, the elections are organized within 2 months from the date on which the vacancy occurred”.

“The court notes that the Legislator has completely modified the provisions contested by the authors of the complaint. Under these conditions, the Court reiterates that the exercise of the control of the constitutionality of a law can intervene both before its promulgation and after its entry into force by fulfilling the procedures required by the law, but not on a law or on a provision of the law that is no longer in force”, states the Constitutional Court.

Therefore, the Court found that the complaint does not meet the conditions of admissibility and cannot be accepted for examination on the merits.