The Government assumed responsibility for adopting a law that will establish support measures to the citizens and companies, but also modify laws related to the duty-free shops and delay the implementation of a tobacco ban law. The opposition argued that the later initiatives have nothing to do with fighting the coronavirus crisis and asked for the Constitutional Court’s opinion. However, after the Constitutional Court voted against the law, Dodon announced in a TV show that he asked the head of the Constitutional Court about the court’s decision. The civil society asked him to stop interfering in the activity of the court. 

On April 2, the Government led by Prime Minister Ion Chicu assumed responsibility for the adoption of Law no. 56 regarding the establishment of measures to support the citizens and the entrepreneurial activity during the period of emergency and the modification of some normative acts. Subsequently, the Government requested the modification of the tax for extracting minerals and natural resources, amended the Fiscal Code to facilitate the refund process for duty-free shops and amended the Fiscal Code to delay the implementation of the tobacco display measures from a 2007 tobacco control law, for one more year. 

The opposition requested the Constitutional Court to pronounce whether these governmental decisions, under the present circumstances, are legitimate. 

On April 9, 2020, the Constitutional Court suspended the implementation of the entire Law no. 56. 

On April 10, Dodon declared during Președintele Răspunde, his TV show, that he had discussed with the President of the Constitutional Court, Vladimir Țurcan (a member of the Socialist Party) regarding the Court’s decision. Dodon mentioned that he requested details of the President of the Constitutional Court on this case. According to Dodon, Țurcan said that four constitutional judges would have voted for canceling the implementation of Law no. 56, while he gave a separate opinion, arguing that the contested law is constitutional.

In the decision from April 9, there is no information about the judges’ votes or separate opinions. 

After Dodon’s statements came into public attention, the President of the Constitutional Court announced his abstention from examining the law and the court took the decision in his absence. 

“It is regrettable that President Igor Dodon uses the powers provided by the Constitution to discuss with the President of the Constitutional Court the cases examined by the court, and the President of the Constitutional Court agrees to inform Dodon about them and to justify the actions he has taken.

Such actions, together with the suspicions of the political affiliation of judges from the Constitutional Court, are contrary to the legal provisions and undermine the image and confidence in the activity of the Constitutional Court. The communication of the judges with the parties and other stakeholders on the pending cases is inadmissible in any democratic state, constituting an interference in the activity of the Constitutional Court. Moreover, in the case of ordinary judges, such behavior in Moldova can even lead to the dismissal of the magistrate.”

In this regard, the signatory organizations request: 

1. Moldova’s President shall cease any action to undermine the independence of the Constitutional Court, as well as any interference with the activity of the High Court.

2. To the Plenary of the Constitutional Court to take a decision on this situation and to take the necessary measures to prevent similar situations in the future. 

Signatory organizations: 

– Center for Legal Resources of Moldova, 

– Institute of European Policies and Reforms, 

– Promo-Lex Association, 

– “WatchDog.MD” Community, 

– Transparency International Moldova, 

– Policy Center and Reforms.