Wednesday, February 10, 2010

Gianni Buquicchio, Seagull

The 'Venice Commission' is the European body charged with overseeing constitutional issues on the continent.  It's president, Gianni Buquicchio, spent the day in Chisinau discussing the constitutional reform process with Messrs Ghimpu and Filat.

He was supposed to bring much needed technical assistance to aid in the process of reforming Moldova's dysfunctional basic law.  Instead, he made a bald statement to the effect that "the constitution shouldn't be changed except for a small revision to facilitate the election of a president".  Without saying it in as many words, he implied that the work of the constitutional commission is a waste of time and that the country has bigger issues to deal with.

Mr Buquicchio is right in that Moldova has big problems to grapple with, but dead wrong in his conclusions about the constitution.  Put simply, he appears to have taken a prima facie view rather than taking the time to understand the agony of 2009 and the abuses of power under Communist rule which were facilitated by a constitution that has more holes in it than a swiss cheese.

Furthermore, Buquicchio doesn't see any need for a referendum.  This is astonishing coming from such a senior legal mind.  A nation's constitution must be an expression of its people's desire to establish the state according to their preferences.  It must be a document of the people rather than something foisted on them by a roomful of politicians (note that Moldova's constitution has never been voted by its people).

Mr Buquicchio is a seagull.  He flew in from far away, made a smelly deposit, and flew away again.  Now the locals will have to clean up the mess he has left behind.  The communists and can hardly believe their luck.

1 comment:

  1. Our old friend Kalman Miszei has entered this debate, claiming that Article 78 (Election of the President) of the constitution requires negotiation between the parties (it doesn't) and that any change of the constitution should happen after a fresh election (as per my friend the Venetian seagull).

    Will Miszei ever give up trying to get his communist friends back into power?