• Excerpt from the Constitutional Court ruling. Shor Party declared UNCONSTITUTIONAL. What will happen to the mandates of MPs and Gagauz Bashkan

    Excerpt from the Constitutional Court ruling. Shor Party declared UNCONSTITUTIONAL. What will happen to the mandates of MPs and Gagauz Bashkan
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    by
    19 June 2023 | 18:33

    The Constitutional Court (CC) admitted on Monday, 19 June, the Government’s application to verify the constitutionality of the “Shor” political party. Thus, the political party was declared unconstitutional, considering the party dissolved.

    According to the terms of the CC ruling, the deputies of the Șor party will become independent parliamentarians, without the right to join other parliamentary factions. In addition, the parliamentary seat that was vacated when Ilan Shor was left without a mandate will remain vacant throughout this legislature.

    “The Government’s application for verification of the constitutionality of the “Shor” political party is admitted.

    It is declared unconstitutional the Political Party “Shor” registered in the State Register of Legal Entities under number 21 IDNO 1016620006611 with headquarters at 36 Vasile Lupu Street, Orhei municipality.

    As of the date of pronouncement of this judgment, the Political Party “Șor” is considered dissolved. No act of the organs of this party adopted after the pronouncement of this decision has legal value.

    The Ministry of Justice shall immediately appoint a commission for the liquidation of the Political Party “Șor”, which shall take all necessary measures for the liquidation and removal of this party from the state register of legal entities.

    The representatives and members of the Political Party “Shor”, who at the date of this decision are holding seats in the Parliament of the Republic of Moldova, will continue to hold their seats as independent deputies, without the right to join other parliamentary factions.

    Representatives and members of the Shor Political Party who, at the date of this decision, hold representative mandates in the bodies of administrative-territorial units at all levels, including in the bodies of the Gagauz Autonomous Territorial Unit, shall continue to exercise their mandates as independent representatives, without the right to join other factions.

    The previously validated lists of alternate candidates of the Political Party Șor in Parliament and in local councils of administrative-territorial units of all levels are declared null and void as of the date of this decision.

    If, on the date of delivery of this judgment, a seat in Parliament allocated to the Political Party “Șor” is or becomes vacant, it shall remain vacant for the duration of the 11th parliamentary term and the Constitutional Court shall not validate any mandate in this respect.

    If a representative mandate in the bodies of administrative-territorial units at all levels, including in bodies of the autonomous territorial unit of Gagauzia on behalf of the “Sor” political party is or becomes vacant, no mandate will be validated in this regard,” the excerpt from the Court’s ruling reads.

    A dissenting opinion to the decision declaring the party unconstitutional was delivered by Judge Serghei Turcan and a separate opinion by Judge Vladimir Turcanu

    In November 2022, the representatives of the Executive submitted to the CC a petition for verification of the constitutionality of the political party “Shor”. According to the application “through all its activities so far, the “Șor” Party has acted in contradiction with the principles of the rule of law and endangers the sovereignty and independence of the Republic of Moldova”.

    AUTHOR MAIL sabinrufa1@gmail.com

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