After their party was declared unconstitutional, MPs filed a complaint with the CC to restrict participation in elections for five years
Deputies of the party declared unconstitutional Șor challenged on Friday, August 4, at the Constitutional Court (CC) the legislative amendments to the Electoral Code according to which the leadership of political parties declared unconstitutional and persons holding electric positions will not be able to run for elections for a period of five years after the CC ruling.
“In their complaint to the Constitutional Court, the MPs state that the law adopted by Parliament contravenes democratic principles and the rule of law, in particular – the right to be elected, guaranteed in the Constitution and the European Convention on Human Rights. Also, as the electoral period for the local elections of 5 November 2023 begins on 7 August, the authors of the complaint requested the suspension of the effects of the law, in order to avoid serious irreparable consequences for fundamental human rights and freedoms,” reads a statement published on the website of the dissolved party.
According to the law that was voted in the final reading on Monday, July 31, persons who, at the date of the Constitutional Court’s ruling on the declaration of unconstitutionality of a political party, were members of the executive body of the political party declared unconstitutional, as well as persons who held elective office in the political party declared unconstitutional, for a period of 5 years from the date of the ruling of the Constitutional Court.
The legislative initiative was drafted by a group of MPs from the “Action and Solidarity Party” (PAS) faction in the context of “adjusting the internal regulatory framework” on the liquidation of political parties, after the CC issued a ruling declaring the “Sor” political party unconstitutional and dissolving it.
The draft law also stipulates that the attributes of parties declared unconstitutional cannot be used by other political parties, electoral blocs or other electoral contestants.
In November 2022, representatives of the Executive submitted a petition to the CC to verify the constitutionality of the “Shor” political party. According to the petition “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 Moldova”.
On 19 June 2023 the Constitutional Court admitted the Government’s application. Thus, the political party was declared unconstitutional, considering the party dissolved.
According to the CC ruling, the members of the “Shor” Party became independent parliamentarians, without the right to join other parliamentary factions. In addition, the seat that was vacated when Ilan Shor was left without a mandate will remain vacant throughout this legislature.
