The Government System of Moldova

C
Charlie Blogger em Self-Employed

I talk about the government system of Moldova from executive to legislative and how elections work in the country.

1/19
Post author By Charlie March 4, 2022
The Government System of Moldova
theweeklyrambler.com/the-government-system-of-moldova/
I do wonder how Moldova feels right now with what is happening right next to it… also
considering it is not a full NATO member (although it is part of its Partnership for Peace
Programme), and has a pro-Russia breakaway region that is Transnistria with RUSSIAN
PEACEKEEPERS there, and a region that has ACTUALLY ASKED to join Russia in the
past. And of course, Moldova was once part of the Soviet Union and has bad history with
the Russian Empire before it. Yeah, I’d be feeling pretty spooked right now.
2/19
Moldova is a landlocked country located in Eastern Europe. It is bordered with Ukraine
and Romania. Its capital city is Chisinau which is located centrally in the country. There is
also the unrecognized state of Transnistria located on its eastern border between it and
Ukraine, no countries recognise its independence and so it is considered a part of
Moldova, although it continues to self-govern.
What is today Moldova’s territory once stood at the centre of the Cucuteni-Trypillia
culture, which lasted roughly from 5500 to 2750 BC, they performed agriculture, raised
livestock, hunted, and made pottery with intricate designs. Classical antiquity saw the
area inhabited by Carpian tribes.
The area saw on and off control by the Roman and then Byzantine Empires. In late
antiquity and the Early Middle Ages the area saw invasions from many peoples including
Goths, Huns, Avars, Bulgars, Magyars, Pechenegs, Cumans, Mongols, and Tartars, this
was due to the strategic location of the area between Europe and Asia.
The 14th Century AD would see the founding of the Principality of Moldavia which would
take up most of what is today Moldova. The Principality was founded by Dragos – a Vlach
voivode (basically a military leader) who was the first voivode of the Principality of
Moldovia according to the earliest Moldavian chronicles.
Dragos came from Maramures in what is today found in northern Romania and western
Ukraine and many people followed him from here to the new Principality. Dragos made
the Principality a vassal to the Kingdom of Hungary.
Bogdan I would become the first independent voivode of Moldavia, he was also from
Maramures and had fallen out with the Hungarian king, and so he took control of
Moldavia in 1359 after crossing the Carpathian Mountains. During this time the
Principality comprised of what is today present-day Moldova, what is today the eastern-
eight counties of Romania, and a small part of what is today Ukraine.
Before Moldavia had become independent, the Kingdom of Poland had wanted to gain
greater influence over the area against the Kingdom of Hungary, the taking of Moldavia by
Bogdan I allowed political ties between the two to expand. Hungary nonetheless still held
much influence over the Principality. Both of those Kingdoms would wield political muscle
and challenge each other’s influence over Moldavia.
Alexander I came to the Moldavian throne in 1400 with Hungarian support as well as
assistance from Mircea I of Wallachia, but despite this he became closer with Poland.
Eventually the territory would face invasions from Crimean Tartars and also from the 15th
Century, Turks.
In 1538 the Principality would agree to pay a tribute to the Ottoman Empire, it would
mostly remain autonomous. The Polish-Lithuanian Commonwealth continued to have
strong influence in the area despite this, which also included marriages between
Moldavian nobility and Polish szlachta (nobles).
3/19
In 1600 Michael the Brave of Wallachia took the Moldavian throne and briefly reunited it
with Wallachia and Transylvania until a Polish army drove the Wallachians out of
Moldavia and the area would then become a vassal of the Polish-Lithuanian
Commonwealth, it would eventually come back under Ottoman vassalage in 1621.
The area was invaded and annexed by the Russian Empire during the Russo-Turkish War
of 1806-12 with the Treaty of Bucharest of 1812 ceding the territory to the Russian
Empire, which included the eastern part of Moldavia and some other Ottoman territories,
which became collectively known as Bessarabia.
The Russian Empire named it Oblast of Moldavia and Bessarabia and allowed it to mostly
have autonomy for a time, but from 1828 it would begin to lose this autonomy and from
1871 the area was renamed to the Bessarabia Governorate as Russification of the area
went ahead, which included removal of the Romanian language from official and religious
usage.
Following the Crimean War, the Treaty of Paris 1856 gave the southern part of
Bessarabia (which became three counties – Cahul, Bolgrad and Ismail) to Moldavia and
in 1859 it united with Wallachia to form the Kingdom of Romania. Romania would be
forced to cede these three counties back to the Russian Empire in 1878 following the
Russo-Turkish War of 1877-1878.
The advent of World War I caused a rise in political and cultural awareness in Bessarabia,
300,000 of its inhabitants were drafted to fight in the war. The area took advantage of the
1917 Russian Revolution and elected its own parliament and declared the existence of
the Moldavian Democratic Republic. Romania was invited to occupy the state which then
went on to declare its independence from the collapsing Russian Empire.
The state asked the support of the Romanian Army and also a French Army that was
present in Romania. The Kingdom of Romania and Bessarabia would unite into a union,
recognised by most principal Allied Powers in the 1920 Treaty of Paris.
The newly established Soviet Union did not recognise it, seeing Bessarabia as Russian
territory and that it was an occupation. in 1919 a Ukrainian-led uprising in Khotyn and a
pro-Russian uprising in Bender were suppressed by Romanian forces. A government-in-
exile called the Bessarabian Soviet Socialist Republic was formed by the Soviet Union.
A Soviet-backed peasant revolt called the Tatarbunary Uprising took place in 1924 with a
goal of creating a Moldavian Soviet Republic and ending what it called the Romanian
occupation, the uprising failed and was suppressed by Romanian forces.
During World War II the Molotov-Ribbentrop Pact between Nazi Germany and the Soviet
Union recognised Bessarabia as being within the Soviet sphere of influence, which forced
Romania to hand over the territory as well as Northern Bukovina to the Soviet Union.
After this the Moldavian Soviet Socialist Republic was formed which included more than
half of Bessarabia, and half of what was the Moldavian Autonomous Soviet Socialist
Republic (which was part of the Ukrainian Soviet Socialist Republic) and is now
4/19
Transnistria today.
When the Axis Powers turned against the Soviets in the latter part of World War II,
Romania now a part of the Axis Powers, invaded and retook Bessarabia and Northern
Bukovina and also took a piece of territory called Transnistria Governorate.
During this time the Romanians helped the Nazis deport and massacre 300,000 Jews in
the region, including 147,000 from Bessarabia and Bukovina. Romania faced partisan
resistance during the time it occupied the area until the Soviets recaptured the territory in
1944 and reestablished the Moldavian SSR, over 250,000 of its inhabitants would be
drafted into the Soviet Army to fight.
The Soviets suppressed dissent and resistance groups by deporting locals to the
Northern Urals, Siberia, and Kazakh SSR, and also committed political arrests and
executions, all of which was most prominent from 1940-41 and then from 1944-1953.
The area also suffered from a major famine following the war, with over 210,000 dying, it
had been caused by a severe drought and Soviet policies of excessive delivery quotas
and requisitions. The postwar period saw further Russification and political suppression.
Glasnost and Perestroika reforms in the 1980s eventually allowed the formation of a
democratic movement in Moldavia which would become the Popular Front of Moldova,
with a goal of independence.
Russification also begun to be reversed by bringing back the Latin script and re-
identifying the Romanian language. Riots broke out in 1989 as discontent with the
Communist Party of Moldavia grew. The first democratic elections finally took place in
1990. The Transnistria region meanwhile, in light of rising nationalism in Moldavia,
declared its own independence in August 1990, disputed by Moldova.
Following this the Soviet Socialist Republic of Moldova established its supremacy and
with the beginning of the collapse of the Soviet Union in 1991, Moldova declared its
independence. The country joined the Commonwealth of Independent States with other
former Soviet states in December that same year but did not join the military branch of
this organisation, declaring itself a neutral country.
A short war between Moldova and Transnistrian separatists took place in 1992 following
the territory’s declaration of independence disputed by Moldova, with Russia intervening
militarily on the side of the separatists, a ceasefire was put in place and a security zone
set up policed by Moldovan, Transnistrian, and Russian personnel. NATO considers
continued Russian presence in Transnistria as an occupation of part of Moldova.
Since the war negotiations have been on and off on the matter, no country recognises
Transnistria but it nonetheless governs itself with its own Government and Parliament.
Following the 2014 annexation of Crimea by Russia, some officials in Transnistria have
suggested becoming a part of Russia.
5/19
Another region known as Gagauzia had also declared its independence as a Republic in
1990 but it was incorporated back into Moldova in 1994 via an agreement that made it a
special autonomous region, meaning it has its own Governor and People’s Assembly. The
territory of Gagauzia is not all joined up and has several enclaves. Gagauzia is
guaranteed independence if Moldova ever decides to unite with Romania.
The country joined NATO’s Partnership for Peace program in 1994 and became a
member of the Council of Europe in 1995.
The country’s official language is Romanian, which is also called Moldovan, recognised
minority languages are Gagauz, Russian and Ukrainian. Eastern Orthodox Christianity is
the largest religion. The official currency is the Moldovan leu. Moldova’s population is over
4,019,220.
Government Type
6/19
Moldova Coat of Arms. Public Domain.
Moldova is a Parliamentary Representative Democratic Republic with a Prime Minister
who is Head of Government and a President who is Head of State. The President is
largely ceremonial with little true power. The legislative branch is made up of a
unicameral Parliament called the Parliament of the Republic of Moldova.
Multiple parties are allowed, the current ruling party is a centre-right liberal party called
the Party of Action and Solidarity, a party only founded in 2016 and won a major majority
in 2021 elections. The opposition is mostly made up of left-wing communist and socialist
parties/alliances.
7/19
Parties and other socio-political organisations that by their objectives or activities are
engaged in fighting against political pluralism, the principles of the State governed by the
rule of law, sovereignty, independence and territorial integrity of the Republic of Moldova
are unconstitutional. Secret associations and activity of parties consisting of foreign
nationals are also forbidden.
The Executive Government
8/19
Moldova’s Presidential Palace.
The President is the Head of State. The position of the President is largely ceremonial
with limited powers. As is usual the President is the guarantor of the national sovereignty
and independence, as well as of the territorial unity and integrity of the State.
9/19
The impossibility to execute functions can be declared after 60-days and is declared so
only by the Constitutional Court within 30-days of the date of such a submission.
Presidential Vacancy and Temporary Absence
The Presidency becomes vacant for reasons such as expiry of mandate (while waiting for
next President to take office), resignation, removal, definitive impossibility of executing
functions, or due to death. When vacancy is permanent the Speaker of the Parliament or
the Prime Minister will become Interim President in order of priority. Fresh Presidential
Elections are held within 2-months.
Presidential Duties and Powers
The President calls session of a new Parliament and can also request special or
extraordinary sessions of Parliament.
The President can initiate legislation in the Parliament. The President may also
attend working sessions of Parliament and also address messages to the
Parliament related to the main issues of national interest.
The President promulgates laws passed by Parliament. The President can object to
a law within 2-weeks of receiving it and send it back to Parliament for
reconsideration, but if Parliament passes the law again unchanged the President
must promulgate it.
The President can dissolve Parliament under certain conditions: in the event where
formation of Government is impossible or of blocking up the procedure of adopting
laws within 3-months, and even then, only after consulting with Parliamentary
factions; or if the Government has not passed a vote of confidence for the setting up
of a new Government within the term of 45-days from the first presidential request
and only if two requests of investiture have been declined.
The Parliament cannot be dissolved more than once in the course of a year, it may also
not be dissolved within the last 6-months of the President’s term of office, and cannot be
dissolve during a State of National Emergency, Martial Law, or war.
The President is empowered to hold official negotiations, conclude international
treaties, and submit such treaties to the Parliament of Moldova for consideration of
ratification.
Upon proposal of the Government, the President accredits and recalls the country’s
diplomatic representatives, and also approve and setup, cancel or change, the
ranking of diplomatic missions.
The President also receives the letters of accreditation and of recall of foreign
diplomatic envoys.
The President is the Commander-in-Chief of the country’s armed forces, with
consent of the Parliament he/she can declare partial or general mobilisation.
10/19
When the country is under armed aggression the President can take the necessary
steps to repulse the aggression, and also declare a state of war and inform the
Parliament on this without delay. If Parliament is not in session during this time it
must be legally convened within 24-hours from when the aggression begun.
The President can take other due measures to ensure national security and public
order under the scope and terms of the law.
The President can award medals and titles of honour (approved by Parliament).
The President can award supreme military ranks as provided for by law.
The President settles issues on citizenship and grants political asylum.
Appoints public officers under the law.
Grants individual pardon.
Can request citizens to express their will by referendum on matters of national
interest.
Awards diplomatic ranks.
Can confer superior degrees of qualification to officers holding positions with the
prosecuting bodies, courts of law and to other categories of civil servants, under the
law.
Repeals acts of Government which run contrary to the legislation until a final
decision is made by the Constitutional Court.
Decrees issued by the President in exercise of their powers/duties on accrediting
and recalling diplomats, on modification or cancellation to diplomatic missions’
rankings; on partial and general mobilisation; on actions taken against armed
aggression and on declaring war; and on taking other measures to ensure national
security and public order all must be countersigned by the Prime Minister to have
affect.
Judges sitting in courts of law are appointed by the President after proposal by the
Superior Council of Magistrates. Judges are first appointed for a 5-year term, and
after that are then appointed to serve until an age limit fixed by law.
It may be possible for the President to reject an appointment of a judge, but possibly only
one time each if proposed amendments to the judiciary have been adopted.
It is also further possible that the initial 5-year term has since been removed and judges
are appointed straight away to an age limit fixed by law.
Presidential Removal
11/19
The Parliament of Moldova via a vote of at least a two-thirds majority of members can
indict the President if he/she has committed an offence. When indicted the President will
face prosecution by the Supreme Court of Justice, if they are convicted by that court they
are removed from office.
But under Article 89 there is a different scenario that involves dismissal from office via a
motion introduced by at least one-third of Parliament members and which receives at
least a two-thirds majority of all members to adopt it, which can be brought about if the
President committed certain deeds that infringes upon the Constitution.
If all meets with approval a national referendum will then be organised within 30-days on
whether to remove the President from office.
Prime Minister and Government
The Prime Minister is the Head of Government. There is a process to follow when
appointing the Prime Minister. First of all, following Parliamentary elections, the President
designates a candidate for Prime Minister after hearing from the Parliamentary factions.
This designated candidate will then request a vote of confidence from the Parliament over
the programme of activity and the entire list of Government members within 15-days.
The Parliament debates on both the programme of activity and list of Government
members and will then vote on confidence, which will require an absolute majority. If
confidence is granted then the President appoints the Government.
In the event of a government reshuffle or vacancy of office, the President can revoke and
appoint, upon proposal of the Prime Minister, some members of Government.
It is up to the Prime Minister and Government to maintain the confidence of the
Parliament or face losing power. A motion of confidence against the Government may be
brought forth by at least a quarter of members of Parliament, and requires a majority vote
of members.
The Government itself can also assume responsibility before Parliament upon either a
programme of activity, a general policy statement, or a draft law. The Government is
dismissed if a motion of censure, tabled within 3-days, has been passed. If a Motion of
Censure is not adopted then the lodged draft law is adopted, or the programme or
general policy statement become mandatory upon the Government.
The Government is responsible before the Parliament, its committees and individual
members in the provision of solicited information and documents. Government members
have access to sessions of Parliament, members of Government may be made to attend
as mandatory if requested.
The Government as a whole and each of its members are bound to reply to questions or
interpellations raised by members of Parliament.
12/19
The Government ensures the carrying out of the state external and internal policy and
exercises general leadership of the public administration. In exercise of prerogatives, the
Government is guided by its programme of activity that is endorsed by Parliament.
The Government is made up of the Prime Minister, First Deputy Minister, Ministers,
Deputy Ministers and other members as determined by an organic law.
Ministries constitute specialized central bodies of the State. They bring into practice the
Government policy, its decisions and orders, under the law, as well as supervise over
their entrusted fields and held responsible for activities they perform.
Other administrative authorities are set up, under the law, in order to manage, coordinate
and exercise control over the national economy and other fields, which do not directly fall
under the competence of any Ministries.
The Prime Minister, as Head of Government, exercises leadership of the Government and
coordinates activity of its members, abiding by powers delegated to them.
The Prime Minister designates another Government member to act as interim either until
the formation of a new Government, in the case of the Prime Minister being unable to
perform their duties permanently or if they died. The same person will hold the office if the
Prime Minister cannot perform their functions only temporarily, until their return.
If the Prime Minister resigns it is treated as the entirety of the Government resigning.
The Government, through the Cabinet which is the highest executive decision-making
body of Government, adopts decisions, ordinances and regulations, including on the
enforcement of laws. Decisions and ordinances adopted are signed by the Prime Minister,
and then must be countersigned by the minister/s bearing responsibility for such things to
have effect.
With view to bringing into operation the Government programme of activity, the
Parliament may pass, on proposal of the Government, a special law that enables the
Government to issue ordinances in the fields which do not fall within organic law. A
compulsory enabling law determines the field and date up to which ordinances can be
issued.
Other Bodies
There is a Supreme Court of Justice. It says in the Constitution (amended up until
2016) that President, Vice-Presidents and judges of the Supreme Court of Justice are
appointed by the Parliament following a proposal submitted by the Supreme Council of
Magistrates, and that such submitted judges must have at least 10-years tenure as a
judge.
It is possible this has since been amended as there was consideration on making it so
that the President appoints the judges proposed by the Supreme Council of Magistrates
instead.
13/19
The case of appointment of the Presidents and Vice-Presidents of this court may also
have been removed entirely and so it is unknown how their manner of appointment may
currently work. The requirement for 10-years of experience as a judge may also have
been removed.
There is a Superior Council of Magistrates. It says in the Constitution (amended up
until 2016) that the body consists of judges and university lecturers elected for 4-year
tenures. It also says the President of the Supreme Court of Justice, the Minister of
Justice, and the Prosecutor-General are ex-officio members. It does not exactly say how
the judges and university lecturers are elected and so I assume it is left up to law.
It is possible this has since been amended. It is possible a proposal was adopted that
made it so the body consists of judges, elected by the General Assembly of Judges,
which would represent all levels of the courts and representatives of civil society with
experience in the field of law. Manner and procedure of election would be delegated to
law.
Members would serve 6-year terms without possibility of two successive terms. It is
possible ex-officio members may have been removed as well.
This body…
Ensures the appointment, transfer, removal from office, upgrading and imposing of
the disciplinary sentences against judges.
There is a Prosecutor-General. They are appointed by Parliament following the proposal
submitted by its Speaker (this is kind of unclear it seems, proposal from who? -_-). The
Prosecutor-General serves a term of 5-years.
This office…
Is part of the public prosecution system alongside the territorial and specialised
prosecution offices.
The prosecution system represents the general interests of the society, defends the
rule of law and the citizens’ rights and liberties, and supervises and exercises,
under the law, the criminal prosecution and brings the accusation in the courts of
law.
There is a Court of Audit. The Court of Audit includes 7 members, its members and
President are appointed by Parliament on proposal of the Speaker (again, since this is
repeated, I can only imagine the proposal is actually from the Speaker then).
This body…
Supervises over the manner of formation, administration, and utilization of the public
financial resources.
Submits an annual report to Parliament.
14/19
There is a Constitutional Court. It has six judges appointed to 6-year terms. Two judges
are appointed by Parliament, two by the Government, and two by the Supreme Council of
Magistrates. The President of the Constitutional Court is elected by the Judges from
among themselves via secret ballot.
Judges appointed must possess outstanding judicial knowledge, high professional
competence and a length of service of at least 15-years in legal field, didactic or scientific
activity in law.
This body…
Is the sole body of constitutional jurisdiction.
Is independent of any other public authority.
Guarantees the supremacy of the Constitution, ascertains enforcement of the
principle of separation of the State power into the Legislature, executive and
judiciary, and guarantees the responsibility of the State towards the citizen and of
the citizen towards the State.
Deals with appeals on constitutionality of laws and decisions of Parliament,
Presidential decrees, decisions and ordinances of Government, and international
treaties.
Formulates position on initiatives aiming to revise the Constitution.
Confirms results of referendums, parliamentary and presidential elections.
Ascertains circumstances on justification of dissolving Parliament, suspension of the
President from office, and on the impossibility of the President to fully exercise their
functional duties for more than 60-days.
Solves pleas of unconstitutionality of legal acts, as claimed by the Supreme Court of
Justice.
Decides over matters dealing with constitutionality of parties.
The Legislative Government
15/19
Parliament of Moldova meeting place. Photo by Pudelek from Wikimedia Commons. CC BY-
SA 4.0. Source.
The Parliament of the Republic of Moldova is a unicameral parliament that makes up the
legislative branch. It is fixed to having 101 elected members by the Constitution. The
Parliament is the supreme representative body of the people and the sole legislative
authority of the State.
The Parliament has a number of basic powers given by the Constitution: the power to
pass laws, decisions and motions; declare the conduct of referenda; provide legislative
interpretations and ensures unity of legislative regulations throughout the country;
approve main directions of external and internal policies of the State; approves the state
military doctrine; supervises the executive government; ratify, terminate, suspend and
repeal international treaties; and approve state Budget and exercise control over it.
Legislation can be introduced by members of Parliament, the President of the Republic,
the Government, and by the People’s Assembly of the autonomous territorial unit of
Gaugazia.
Organic laws are passed with a majority vote of the elected members of Parliament
(absolute majority), after at least two readings. Ordinary laws and decisions are passed
via a majority vote of the present members of Parliament (simple majority).
Laws passed by the Parliament are submitted to the President for promulgation. The
President can object to a law within 2-weeks of receiving it and send it back to Parliament
for reconsideration, but if Parliament passes the law again unchanged the President must
promulgate it.
16/19
The Parliament also elects and nominates certain State positions; has ability to declare
partial or general mobilisation of armed forces; can declare a state of national emergency,
martial law, or war; ability to initiate investigations and hearings that concern any matters
touching upon the interests of society; can suspend the activity of the bodies of local
public administration in accordance with the law; and can pass acts of amnesty.
The Parliament also exercises supervision over allocation of State loans, economic aid,
or any other such matters granted to foreign countries, conclusion of agreements that
concern State loans and credits obtained from foreign sources.
The Parliament is convened in its session upon the summons of the President of the
Republic which happens within 30-days at the most from the election date. Extraordinary
or special sessions of Parliament can be called either by the President of the Republic,
the Speaker, or by at least one-third of the members of Parliament.
The Speaker of the Parliament is elected via a majority vote of members and via secret
ballot, they serve for the term of Parliament. As usual this position is meant to be
impartial, represents the Parliament in an impartial manner, plays a role in administration
and agenda of Parliament, and enforces Parliamentary rules. Deputy Speakers are
elected on the proposal of the Speaker following consultations with parliamentary
factions.
The Speaker can be removed from their position at any time via a secret vote of at least
two-thirds of the members.
The Electoral Government
17/19
These are administrative regions of Moldova and do not denote electoral districts. Image is by
Andrein from Wikimedia Commons. CC BY-SA 3.0. Source.
Presidential elections take place every 4-years. In 2000 an amendment made it so the
President was elected by the Parliament of Moldova but in 2017 this was struck down by
the Constitutional Court and so now the President is elected directly by the people. These
elections must be freely-expressed, universal, equal, direct, and secret.
The President is elected via a two-round absolute majority system whereby if a candidate
does not receive an absolute majority of the vote in the first round, then a second round is
held between the top two candidates and is won via simple majority. The President is
limited to two consecutive terms, but can run again after having waited out a term. An
organic law can extend the term of the President in the event of war or calamity.
18/19
To run as a candidate for President one must be a citizen of Moldova, have the right to
vote, be over 40-years-old, and who has been living and has the permanent residence on
the territory of Moldova for no less than 10-years, and must speak the official language
(Romanian). While President the person may not hold any other renumerated position.
Presidential elections are validated by the Constitutional Court.
Parliamentary elections take place every 4-years per the Constitution, but that this can
be extended via an organic law during times of war or national calamity. The mandate of
Parliament is also prolonged until the legal assembly of the newly elected structure – no
constitutional amendments, organic law, may be brought, adopted, amended or
abrogated during this time.
The Constitution says that elections to the Parliament must be universal, equal, direct,
secret, and freely expressed suffrage – but outside of that the manner of organisation and
unfolding of elections is established by an organic law. The Constitution does state that
elections must be held within 3-months of the previous dissolution or mandate expiration
of Parliament.
In the 2019 election the country experimented with a parallel voting system where 51 of
the members are elected from single-seat constituencies using the first-past-the-post
method that only requires a simple majority to win, while the other 50 seats are elected
from a single nationwide constituency using a closed party-list proportional representation
method, meaning parties that reach a certain threshold of the vote, determined by a
formula, are guaranteed seats.
In 2021 elections the election once again had all members being elected through the
closed-list proportional representation method, which according to Freedom House’s
2022 report on Moldova, saw fewer irregularities than the 2019 experiment.
Members elected cannot hold any other remunerated positions, apart from for didactic
and scientific activities. Other incompatibilities are established by an organic law.
The Constitutional Court, upon the proposal of the Central Election Commission, rules on
the validation or invalidation of the mandate of the Parliament member, whenever
electoral legislation has been transgressed.
Sources
The source of this comes from Moldova’s Constitution of 1994 with amendments through
to 2016 (constituteproject.org). It appears a further amendment took place in 2017 but it
seems this merely changed the wording of article 13 to say “Romanian language” instead
of the “Moldavian language”. Although for some reason the CIA World Factbook page on
Moldova seems to say the Constitution was last amended in 2018, so this has caused me
some confusion.
It is possible that 2018 amendments involved amendments of the judiciary, but it is hard
to confirm this is the case. Nonetheless I have referenced such potential changes in the
relevant areas of the post, but keep in mind it could be inaccurate, wrong or misguided.
19/19
Amendments to the Constitution can be initiated in three different ways: at least a third of
the members of Parliament; the Government; or by at least 200,000 voting citizens, with
these citizens needing to cover at least half of the territorial-administrative units of the
second level, and at least 20,000 signatures from each of these units.
Amendments cannot be introduced during a State of National Emergency, Martial Law, or
war.
Adopting of the amendment requires a two-thirds majority vote in Parliament.
Amendments that affect sovereignty, independence and unity of the State, and those
regarding permanent neutrality of the State may only be revised via a majority vote of
registered citizens in a referendum.
Amendments cannot infringe fundamental rights and freedoms of citizens, or their
guarantees.
Remember that I do this as a hobby and I am not an expert. There may be inaccuracies,
things I missed, and the Constitution can always be amended again in the future which
may eventually make this post outdated.
Further cross-research is recommended from actual academic sources. This post is
intended more for those who are curious or have a general interest, but not for those
conducting serious research on the subject.
Next up will be the government system of Monaco.
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The Government System of Moldova

  • 1. 1/19 Post author By Charlie March 4, 2022 The Government System of Moldova theweeklyrambler.com/the-government-system-of-moldova/ I do wonder how Moldova feels right now with what is happening right next to it… also considering it is not a full NATO member (although it is part of its Partnership for Peace Programme), and has a pro-Russia breakaway region that is Transnistria with RUSSIAN PEACEKEEPERS there, and a region that has ACTUALLY ASKED to join Russia in the past. And of course, Moldova was once part of the Soviet Union and has bad history with the Russian Empire before it. Yeah, I’d be feeling pretty spooked right now.
  • 2. 2/19 Moldova is a landlocked country located in Eastern Europe. It is bordered with Ukraine and Romania. Its capital city is Chisinau which is located centrally in the country. There is also the unrecognized state of Transnistria located on its eastern border between it and Ukraine, no countries recognise its independence and so it is considered a part of Moldova, although it continues to self-govern. What is today Moldova’s territory once stood at the centre of the Cucuteni-Trypillia culture, which lasted roughly from 5500 to 2750 BC, they performed agriculture, raised livestock, hunted, and made pottery with intricate designs. Classical antiquity saw the area inhabited by Carpian tribes. The area saw on and off control by the Roman and then Byzantine Empires. In late antiquity and the Early Middle Ages the area saw invasions from many peoples including Goths, Huns, Avars, Bulgars, Magyars, Pechenegs, Cumans, Mongols, and Tartars, this was due to the strategic location of the area between Europe and Asia. The 14th Century AD would see the founding of the Principality of Moldavia which would take up most of what is today Moldova. The Principality was founded by Dragos – a Vlach voivode (basically a military leader) who was the first voivode of the Principality of Moldovia according to the earliest Moldavian chronicles. Dragos came from Maramures in what is today found in northern Romania and western Ukraine and many people followed him from here to the new Principality. Dragos made the Principality a vassal to the Kingdom of Hungary. Bogdan I would become the first independent voivode of Moldavia, he was also from Maramures and had fallen out with the Hungarian king, and so he took control of Moldavia in 1359 after crossing the Carpathian Mountains. During this time the Principality comprised of what is today present-day Moldova, what is today the eastern- eight counties of Romania, and a small part of what is today Ukraine. Before Moldavia had become independent, the Kingdom of Poland had wanted to gain greater influence over the area against the Kingdom of Hungary, the taking of Moldavia by Bogdan I allowed political ties between the two to expand. Hungary nonetheless still held much influence over the Principality. Both of those Kingdoms would wield political muscle and challenge each other’s influence over Moldavia. Alexander I came to the Moldavian throne in 1400 with Hungarian support as well as assistance from Mircea I of Wallachia, but despite this he became closer with Poland. Eventually the territory would face invasions from Crimean Tartars and also from the 15th Century, Turks. In 1538 the Principality would agree to pay a tribute to the Ottoman Empire, it would mostly remain autonomous. The Polish-Lithuanian Commonwealth continued to have strong influence in the area despite this, which also included marriages between Moldavian nobility and Polish szlachta (nobles).
  • 3. 3/19 In 1600 Michael the Brave of Wallachia took the Moldavian throne and briefly reunited it with Wallachia and Transylvania until a Polish army drove the Wallachians out of Moldavia and the area would then become a vassal of the Polish-Lithuanian Commonwealth, it would eventually come back under Ottoman vassalage in 1621. The area was invaded and annexed by the Russian Empire during the Russo-Turkish War of 1806-12 with the Treaty of Bucharest of 1812 ceding the territory to the Russian Empire, which included the eastern part of Moldavia and some other Ottoman territories, which became collectively known as Bessarabia. The Russian Empire named it Oblast of Moldavia and Bessarabia and allowed it to mostly have autonomy for a time, but from 1828 it would begin to lose this autonomy and from 1871 the area was renamed to the Bessarabia Governorate as Russification of the area went ahead, which included removal of the Romanian language from official and religious usage. Following the Crimean War, the Treaty of Paris 1856 gave the southern part of Bessarabia (which became three counties – Cahul, Bolgrad and Ismail) to Moldavia and in 1859 it united with Wallachia to form the Kingdom of Romania. Romania would be forced to cede these three counties back to the Russian Empire in 1878 following the Russo-Turkish War of 1877-1878. The advent of World War I caused a rise in political and cultural awareness in Bessarabia, 300,000 of its inhabitants were drafted to fight in the war. The area took advantage of the 1917 Russian Revolution and elected its own parliament and declared the existence of the Moldavian Democratic Republic. Romania was invited to occupy the state which then went on to declare its independence from the collapsing Russian Empire. The state asked the support of the Romanian Army and also a French Army that was present in Romania. The Kingdom of Romania and Bessarabia would unite into a union, recognised by most principal Allied Powers in the 1920 Treaty of Paris. The newly established Soviet Union did not recognise it, seeing Bessarabia as Russian territory and that it was an occupation. in 1919 a Ukrainian-led uprising in Khotyn and a pro-Russian uprising in Bender were suppressed by Romanian forces. A government-in- exile called the Bessarabian Soviet Socialist Republic was formed by the Soviet Union. A Soviet-backed peasant revolt called the Tatarbunary Uprising took place in 1924 with a goal of creating a Moldavian Soviet Republic and ending what it called the Romanian occupation, the uprising failed and was suppressed by Romanian forces. During World War II the Molotov-Ribbentrop Pact between Nazi Germany and the Soviet Union recognised Bessarabia as being within the Soviet sphere of influence, which forced Romania to hand over the territory as well as Northern Bukovina to the Soviet Union. After this the Moldavian Soviet Socialist Republic was formed which included more than half of Bessarabia, and half of what was the Moldavian Autonomous Soviet Socialist Republic (which was part of the Ukrainian Soviet Socialist Republic) and is now
  • 4. 4/19 Transnistria today. When the Axis Powers turned against the Soviets in the latter part of World War II, Romania now a part of the Axis Powers, invaded and retook Bessarabia and Northern Bukovina and also took a piece of territory called Transnistria Governorate. During this time the Romanians helped the Nazis deport and massacre 300,000 Jews in the region, including 147,000 from Bessarabia and Bukovina. Romania faced partisan resistance during the time it occupied the area until the Soviets recaptured the territory in 1944 and reestablished the Moldavian SSR, over 250,000 of its inhabitants would be drafted into the Soviet Army to fight. The Soviets suppressed dissent and resistance groups by deporting locals to the Northern Urals, Siberia, and Kazakh SSR, and also committed political arrests and executions, all of which was most prominent from 1940-41 and then from 1944-1953. The area also suffered from a major famine following the war, with over 210,000 dying, it had been caused by a severe drought and Soviet policies of excessive delivery quotas and requisitions. The postwar period saw further Russification and political suppression. Glasnost and Perestroika reforms in the 1980s eventually allowed the formation of a democratic movement in Moldavia which would become the Popular Front of Moldova, with a goal of independence. Russification also begun to be reversed by bringing back the Latin script and re- identifying the Romanian language. Riots broke out in 1989 as discontent with the Communist Party of Moldavia grew. The first democratic elections finally took place in 1990. The Transnistria region meanwhile, in light of rising nationalism in Moldavia, declared its own independence in August 1990, disputed by Moldova. Following this the Soviet Socialist Republic of Moldova established its supremacy and with the beginning of the collapse of the Soviet Union in 1991, Moldova declared its independence. The country joined the Commonwealth of Independent States with other former Soviet states in December that same year but did not join the military branch of this organisation, declaring itself a neutral country. A short war between Moldova and Transnistrian separatists took place in 1992 following the territory’s declaration of independence disputed by Moldova, with Russia intervening militarily on the side of the separatists, a ceasefire was put in place and a security zone set up policed by Moldovan, Transnistrian, and Russian personnel. NATO considers continued Russian presence in Transnistria as an occupation of part of Moldova. Since the war negotiations have been on and off on the matter, no country recognises Transnistria but it nonetheless governs itself with its own Government and Parliament. Following the 2014 annexation of Crimea by Russia, some officials in Transnistria have suggested becoming a part of Russia.
  • 5. 5/19 Another region known as Gagauzia had also declared its independence as a Republic in 1990 but it was incorporated back into Moldova in 1994 via an agreement that made it a special autonomous region, meaning it has its own Governor and People’s Assembly. The territory of Gagauzia is not all joined up and has several enclaves. Gagauzia is guaranteed independence if Moldova ever decides to unite with Romania. The country joined NATO’s Partnership for Peace program in 1994 and became a member of the Council of Europe in 1995. The country’s official language is Romanian, which is also called Moldovan, recognised minority languages are Gagauz, Russian and Ukrainian. Eastern Orthodox Christianity is the largest religion. The official currency is the Moldovan leu. Moldova’s population is over 4,019,220. Government Type
  • 6. 6/19 Moldova Coat of Arms. Public Domain. Moldova is a Parliamentary Representative Democratic Republic with a Prime Minister who is Head of Government and a President who is Head of State. The President is largely ceremonial with little true power. The legislative branch is made up of a unicameral Parliament called the Parliament of the Republic of Moldova. Multiple parties are allowed, the current ruling party is a centre-right liberal party called the Party of Action and Solidarity, a party only founded in 2016 and won a major majority in 2021 elections. The opposition is mostly made up of left-wing communist and socialist parties/alliances.
  • 7. 7/19 Parties and other socio-political organisations that by their objectives or activities are engaged in fighting against political pluralism, the principles of the State governed by the rule of law, sovereignty, independence and territorial integrity of the Republic of Moldova are unconstitutional. Secret associations and activity of parties consisting of foreign nationals are also forbidden. The Executive Government
  • 8. 8/19 Moldova’s Presidential Palace. The President is the Head of State. The position of the President is largely ceremonial with limited powers. As is usual the President is the guarantor of the national sovereignty and independence, as well as of the territorial unity and integrity of the State.
  • 9. 9/19 The impossibility to execute functions can be declared after 60-days and is declared so only by the Constitutional Court within 30-days of the date of such a submission. Presidential Vacancy and Temporary Absence The Presidency becomes vacant for reasons such as expiry of mandate (while waiting for next President to take office), resignation, removal, definitive impossibility of executing functions, or due to death. When vacancy is permanent the Speaker of the Parliament or the Prime Minister will become Interim President in order of priority. Fresh Presidential Elections are held within 2-months. Presidential Duties and Powers The President calls session of a new Parliament and can also request special or extraordinary sessions of Parliament. The President can initiate legislation in the Parliament. The President may also attend working sessions of Parliament and also address messages to the Parliament related to the main issues of national interest. The President promulgates laws passed by Parliament. The President can object to a law within 2-weeks of receiving it and send it back to Parliament for reconsideration, but if Parliament passes the law again unchanged the President must promulgate it. The President can dissolve Parliament under certain conditions: in the event where formation of Government is impossible or of blocking up the procedure of adopting laws within 3-months, and even then, only after consulting with Parliamentary factions; or if the Government has not passed a vote of confidence for the setting up of a new Government within the term of 45-days from the first presidential request and only if two requests of investiture have been declined. The Parliament cannot be dissolved more than once in the course of a year, it may also not be dissolved within the last 6-months of the President’s term of office, and cannot be dissolve during a State of National Emergency, Martial Law, or war. The President is empowered to hold official negotiations, conclude international treaties, and submit such treaties to the Parliament of Moldova for consideration of ratification. Upon proposal of the Government, the President accredits and recalls the country’s diplomatic representatives, and also approve and setup, cancel or change, the ranking of diplomatic missions. The President also receives the letters of accreditation and of recall of foreign diplomatic envoys. The President is the Commander-in-Chief of the country’s armed forces, with consent of the Parliament he/she can declare partial or general mobilisation.
  • 10. 10/19 When the country is under armed aggression the President can take the necessary steps to repulse the aggression, and also declare a state of war and inform the Parliament on this without delay. If Parliament is not in session during this time it must be legally convened within 24-hours from when the aggression begun. The President can take other due measures to ensure national security and public order under the scope and terms of the law. The President can award medals and titles of honour (approved by Parliament). The President can award supreme military ranks as provided for by law. The President settles issues on citizenship and grants political asylum. Appoints public officers under the law. Grants individual pardon. Can request citizens to express their will by referendum on matters of national interest. Awards diplomatic ranks. Can confer superior degrees of qualification to officers holding positions with the prosecuting bodies, courts of law and to other categories of civil servants, under the law. Repeals acts of Government which run contrary to the legislation until a final decision is made by the Constitutional Court. Decrees issued by the President in exercise of their powers/duties on accrediting and recalling diplomats, on modification or cancellation to diplomatic missions’ rankings; on partial and general mobilisation; on actions taken against armed aggression and on declaring war; and on taking other measures to ensure national security and public order all must be countersigned by the Prime Minister to have affect. Judges sitting in courts of law are appointed by the President after proposal by the Superior Council of Magistrates. Judges are first appointed for a 5-year term, and after that are then appointed to serve until an age limit fixed by law. It may be possible for the President to reject an appointment of a judge, but possibly only one time each if proposed amendments to the judiciary have been adopted. It is also further possible that the initial 5-year term has since been removed and judges are appointed straight away to an age limit fixed by law. Presidential Removal
  • 11. 11/19 The Parliament of Moldova via a vote of at least a two-thirds majority of members can indict the President if he/she has committed an offence. When indicted the President will face prosecution by the Supreme Court of Justice, if they are convicted by that court they are removed from office. But under Article 89 there is a different scenario that involves dismissal from office via a motion introduced by at least one-third of Parliament members and which receives at least a two-thirds majority of all members to adopt it, which can be brought about if the President committed certain deeds that infringes upon the Constitution. If all meets with approval a national referendum will then be organised within 30-days on whether to remove the President from office. Prime Minister and Government The Prime Minister is the Head of Government. There is a process to follow when appointing the Prime Minister. First of all, following Parliamentary elections, the President designates a candidate for Prime Minister after hearing from the Parliamentary factions. This designated candidate will then request a vote of confidence from the Parliament over the programme of activity and the entire list of Government members within 15-days. The Parliament debates on both the programme of activity and list of Government members and will then vote on confidence, which will require an absolute majority. If confidence is granted then the President appoints the Government. In the event of a government reshuffle or vacancy of office, the President can revoke and appoint, upon proposal of the Prime Minister, some members of Government. It is up to the Prime Minister and Government to maintain the confidence of the Parliament or face losing power. A motion of confidence against the Government may be brought forth by at least a quarter of members of Parliament, and requires a majority vote of members. The Government itself can also assume responsibility before Parliament upon either a programme of activity, a general policy statement, or a draft law. The Government is dismissed if a motion of censure, tabled within 3-days, has been passed. If a Motion of Censure is not adopted then the lodged draft law is adopted, or the programme or general policy statement become mandatory upon the Government. The Government is responsible before the Parliament, its committees and individual members in the provision of solicited information and documents. Government members have access to sessions of Parliament, members of Government may be made to attend as mandatory if requested. The Government as a whole and each of its members are bound to reply to questions or interpellations raised by members of Parliament.
  • 12. 12/19 The Government ensures the carrying out of the state external and internal policy and exercises general leadership of the public administration. In exercise of prerogatives, the Government is guided by its programme of activity that is endorsed by Parliament. The Government is made up of the Prime Minister, First Deputy Minister, Ministers, Deputy Ministers and other members as determined by an organic law. Ministries constitute specialized central bodies of the State. They bring into practice the Government policy, its decisions and orders, under the law, as well as supervise over their entrusted fields and held responsible for activities they perform. Other administrative authorities are set up, under the law, in order to manage, coordinate and exercise control over the national economy and other fields, which do not directly fall under the competence of any Ministries. The Prime Minister, as Head of Government, exercises leadership of the Government and coordinates activity of its members, abiding by powers delegated to them. The Prime Minister designates another Government member to act as interim either until the formation of a new Government, in the case of the Prime Minister being unable to perform their duties permanently or if they died. The same person will hold the office if the Prime Minister cannot perform their functions only temporarily, until their return. If the Prime Minister resigns it is treated as the entirety of the Government resigning. The Government, through the Cabinet which is the highest executive decision-making body of Government, adopts decisions, ordinances and regulations, including on the enforcement of laws. Decisions and ordinances adopted are signed by the Prime Minister, and then must be countersigned by the minister/s bearing responsibility for such things to have effect. With view to bringing into operation the Government programme of activity, the Parliament may pass, on proposal of the Government, a special law that enables the Government to issue ordinances in the fields which do not fall within organic law. A compulsory enabling law determines the field and date up to which ordinances can be issued. Other Bodies There is a Supreme Court of Justice. It says in the Constitution (amended up until 2016) that President, Vice-Presidents and judges of the Supreme Court of Justice are appointed by the Parliament following a proposal submitted by the Supreme Council of Magistrates, and that such submitted judges must have at least 10-years tenure as a judge. It is possible this has since been amended as there was consideration on making it so that the President appoints the judges proposed by the Supreme Council of Magistrates instead.
  • 13. 13/19 The case of appointment of the Presidents and Vice-Presidents of this court may also have been removed entirely and so it is unknown how their manner of appointment may currently work. The requirement for 10-years of experience as a judge may also have been removed. There is a Superior Council of Magistrates. It says in the Constitution (amended up until 2016) that the body consists of judges and university lecturers elected for 4-year tenures. It also says the President of the Supreme Court of Justice, the Minister of Justice, and the Prosecutor-General are ex-officio members. It does not exactly say how the judges and university lecturers are elected and so I assume it is left up to law. It is possible this has since been amended. It is possible a proposal was adopted that made it so the body consists of judges, elected by the General Assembly of Judges, which would represent all levels of the courts and representatives of civil society with experience in the field of law. Manner and procedure of election would be delegated to law. Members would serve 6-year terms without possibility of two successive terms. It is possible ex-officio members may have been removed as well. This body… Ensures the appointment, transfer, removal from office, upgrading and imposing of the disciplinary sentences against judges. There is a Prosecutor-General. They are appointed by Parliament following the proposal submitted by its Speaker (this is kind of unclear it seems, proposal from who? -_-). The Prosecutor-General serves a term of 5-years. This office… Is part of the public prosecution system alongside the territorial and specialised prosecution offices. The prosecution system represents the general interests of the society, defends the rule of law and the citizens’ rights and liberties, and supervises and exercises, under the law, the criminal prosecution and brings the accusation in the courts of law. There is a Court of Audit. The Court of Audit includes 7 members, its members and President are appointed by Parliament on proposal of the Speaker (again, since this is repeated, I can only imagine the proposal is actually from the Speaker then). This body… Supervises over the manner of formation, administration, and utilization of the public financial resources. Submits an annual report to Parliament.
  • 14. 14/19 There is a Constitutional Court. It has six judges appointed to 6-year terms. Two judges are appointed by Parliament, two by the Government, and two by the Supreme Council of Magistrates. The President of the Constitutional Court is elected by the Judges from among themselves via secret ballot. Judges appointed must possess outstanding judicial knowledge, high professional competence and a length of service of at least 15-years in legal field, didactic or scientific activity in law. This body… Is the sole body of constitutional jurisdiction. Is independent of any other public authority. Guarantees the supremacy of the Constitution, ascertains enforcement of the principle of separation of the State power into the Legislature, executive and judiciary, and guarantees the responsibility of the State towards the citizen and of the citizen towards the State. Deals with appeals on constitutionality of laws and decisions of Parliament, Presidential decrees, decisions and ordinances of Government, and international treaties. Formulates position on initiatives aiming to revise the Constitution. Confirms results of referendums, parliamentary and presidential elections. Ascertains circumstances on justification of dissolving Parliament, suspension of the President from office, and on the impossibility of the President to fully exercise their functional duties for more than 60-days. Solves pleas of unconstitutionality of legal acts, as claimed by the Supreme Court of Justice. Decides over matters dealing with constitutionality of parties. The Legislative Government
  • 15. 15/19 Parliament of Moldova meeting place. Photo by Pudelek from Wikimedia Commons. CC BY- SA 4.0. Source. The Parliament of the Republic of Moldova is a unicameral parliament that makes up the legislative branch. It is fixed to having 101 elected members by the Constitution. The Parliament is the supreme representative body of the people and the sole legislative authority of the State. The Parliament has a number of basic powers given by the Constitution: the power to pass laws, decisions and motions; declare the conduct of referenda; provide legislative interpretations and ensures unity of legislative regulations throughout the country; approve main directions of external and internal policies of the State; approves the state military doctrine; supervises the executive government; ratify, terminate, suspend and repeal international treaties; and approve state Budget and exercise control over it. Legislation can be introduced by members of Parliament, the President of the Republic, the Government, and by the People’s Assembly of the autonomous territorial unit of Gaugazia. Organic laws are passed with a majority vote of the elected members of Parliament (absolute majority), after at least two readings. Ordinary laws and decisions are passed via a majority vote of the present members of Parliament (simple majority). Laws passed by the Parliament are submitted to the President for promulgation. The President can object to a law within 2-weeks of receiving it and send it back to Parliament for reconsideration, but if Parliament passes the law again unchanged the President must promulgate it.
  • 16. 16/19 The Parliament also elects and nominates certain State positions; has ability to declare partial or general mobilisation of armed forces; can declare a state of national emergency, martial law, or war; ability to initiate investigations and hearings that concern any matters touching upon the interests of society; can suspend the activity of the bodies of local public administration in accordance with the law; and can pass acts of amnesty. The Parliament also exercises supervision over allocation of State loans, economic aid, or any other such matters granted to foreign countries, conclusion of agreements that concern State loans and credits obtained from foreign sources. The Parliament is convened in its session upon the summons of the President of the Republic which happens within 30-days at the most from the election date. Extraordinary or special sessions of Parliament can be called either by the President of the Republic, the Speaker, or by at least one-third of the members of Parliament. The Speaker of the Parliament is elected via a majority vote of members and via secret ballot, they serve for the term of Parliament. As usual this position is meant to be impartial, represents the Parliament in an impartial manner, plays a role in administration and agenda of Parliament, and enforces Parliamentary rules. Deputy Speakers are elected on the proposal of the Speaker following consultations with parliamentary factions. The Speaker can be removed from their position at any time via a secret vote of at least two-thirds of the members. The Electoral Government
  • 17. 17/19 These are administrative regions of Moldova and do not denote electoral districts. Image is by Andrein from Wikimedia Commons. CC BY-SA 3.0. Source. Presidential elections take place every 4-years. In 2000 an amendment made it so the President was elected by the Parliament of Moldova but in 2017 this was struck down by the Constitutional Court and so now the President is elected directly by the people. These elections must be freely-expressed, universal, equal, direct, and secret. The President is elected via a two-round absolute majority system whereby if a candidate does not receive an absolute majority of the vote in the first round, then a second round is held between the top two candidates and is won via simple majority. The President is limited to two consecutive terms, but can run again after having waited out a term. An organic law can extend the term of the President in the event of war or calamity.
  • 18. 18/19 To run as a candidate for President one must be a citizen of Moldova, have the right to vote, be over 40-years-old, and who has been living and has the permanent residence on the territory of Moldova for no less than 10-years, and must speak the official language (Romanian). While President the person may not hold any other renumerated position. Presidential elections are validated by the Constitutional Court. Parliamentary elections take place every 4-years per the Constitution, but that this can be extended via an organic law during times of war or national calamity. The mandate of Parliament is also prolonged until the legal assembly of the newly elected structure – no constitutional amendments, organic law, may be brought, adopted, amended or abrogated during this time. The Constitution says that elections to the Parliament must be universal, equal, direct, secret, and freely expressed suffrage – but outside of that the manner of organisation and unfolding of elections is established by an organic law. The Constitution does state that elections must be held within 3-months of the previous dissolution or mandate expiration of Parliament. In the 2019 election the country experimented with a parallel voting system where 51 of the members are elected from single-seat constituencies using the first-past-the-post method that only requires a simple majority to win, while the other 50 seats are elected from a single nationwide constituency using a closed party-list proportional representation method, meaning parties that reach a certain threshold of the vote, determined by a formula, are guaranteed seats. In 2021 elections the election once again had all members being elected through the closed-list proportional representation method, which according to Freedom House’s 2022 report on Moldova, saw fewer irregularities than the 2019 experiment. Members elected cannot hold any other remunerated positions, apart from for didactic and scientific activities. Other incompatibilities are established by an organic law. The Constitutional Court, upon the proposal of the Central Election Commission, rules on the validation or invalidation of the mandate of the Parliament member, whenever electoral legislation has been transgressed. Sources The source of this comes from Moldova’s Constitution of 1994 with amendments through to 2016 (constituteproject.org). It appears a further amendment took place in 2017 but it seems this merely changed the wording of article 13 to say “Romanian language” instead of the “Moldavian language”. Although for some reason the CIA World Factbook page on Moldova seems to say the Constitution was last amended in 2018, so this has caused me some confusion. It is possible that 2018 amendments involved amendments of the judiciary, but it is hard to confirm this is the case. Nonetheless I have referenced such potential changes in the relevant areas of the post, but keep in mind it could be inaccurate, wrong or misguided.
  • 19. 19/19 Amendments to the Constitution can be initiated in three different ways: at least a third of the members of Parliament; the Government; or by at least 200,000 voting citizens, with these citizens needing to cover at least half of the territorial-administrative units of the second level, and at least 20,000 signatures from each of these units. Amendments cannot be introduced during a State of National Emergency, Martial Law, or war. Adopting of the amendment requires a two-thirds majority vote in Parliament. Amendments that affect sovereignty, independence and unity of the State, and those regarding permanent neutrality of the State may only be revised via a majority vote of registered citizens in a referendum. Amendments cannot infringe fundamental rights and freedoms of citizens, or their guarantees. Remember that I do this as a hobby and I am not an expert. There may be inaccuracies, things I missed, and the Constitution can always be amended again in the future which may eventually make this post outdated. Further cross-research is recommended from actual academic sources. This post is intended more for those who are curious or have a general interest, but not for those conducting serious research on the subject. Next up will be the government system of Monaco. Thank you for reading this post, if you have any queries please Email me, you can find my Email in the Contacts & Community section. Please also follow The Weekly Rambler on Twitter, Reddit, Pinterest and Facebook which you can access through the buttons at the bottom of this website. You can also use the social media buttons under each blogpost to share with your family, friends and associates. You can also subscribe to Email notifications at the right-side of this website to know whenever a new post goes up (you can easily unsubscribe from this at any time through a button in each Email notification), or alternatively you can use an RSS Feed Reader.