Thursday, May 28, 2009

Anybody home?!

Anybody home at the constitutional court?! Voronin and the PCRM continue to breach the constitution with almost every move they make, and yet nothing seems to disturb chief justice Pulbere from his slumber...

The latest breaches:

1) Art. 31(4) of the constitution says that religious faiths are autonomous and separate from the state. By invoking the orthodox christian celebration of the ascension of Jesus as the reason to postpone the election of the President of the public, the 60 communist deputies have breached this provision of the constitution.

2) Art. 2(3) of Legea Nr.1234-XIV din 22.09.2000 states that the election will take place on a date set by parliament. There is no provision in the law allowing this date be REset once fixed. Note here that not only was the date fixed initially on May 20th, it was also confirmed today when the agenda for the session was approved. In a legal sense, what happened today was that all 101 deputies effectively boycotted the vote, and according to Art 10(2) of Legea Nr.1234-XIV din 22.09.2000, this requires that parliament be dissolved and a date set for anticipated elections.

3) Art 78(3) of the constitution requires a second round of voting in the case that neither candidate achieves 3/5 of the votes of the deputies. On May 20th, Zenaida Grecianai received 60 votes, one short of the required number. The constitution required that the top two candidates (Grecianai and Groppa) go to a second round of voting within 3 days. That never happened, and Parliament proceeded to repeated elections (with new candidates) in breach of the requirement for a second round.

Does the ECHR have jurisdiction in cases where citizens' rights to constitutional order are being breached by both their government and their constitutional court? I sure hope so. Somebody needs to grab this thing by the collar and sort it out.

1 comment:

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