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Ref. DC090(2017) Moldova: plans to reform electoral system and presidential powers critically assessed by the Venice Commission Venice, 16.06.2017 – During its plenary session today, the Council of Europe’s constitutional law experts – the Venice Commission - adopted opinions that critically assess a draft law for Moldova’s electoral system for the election of Parliament and a proposal to expand presidential powers. Proposed reform to the electoral system had been submitted for opinion by Andrian Candu, Speaker of the Moldovan Parliament, who attended the plenary session for an exchange of views before the adoption of a joint opinion by the Venice Commission and the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR). Following extensive public consultations with all relevant stakeholders, the joint opinion concluded that the proposed reform cannot be considered as having been adopted by broad consensus. It raises “significant concerns” including the risk that constituency members of parliament would be vulnerable to being influenced by business interests. Furthermore, according to the joint opinion, “the responsibility vested with the Central Election Commission (CEC) to establish single-mandate constituencies for the majoritarian component is based on vague criteria that pose a risk of political influence on this aspect of the work of the CEC.” Other concerns in the opinion include the following: “Detailed and comprehensive criteria for the establishment of constituencies for the Transnistrian region of the Republic of Moldova and for citizens abroad are not stipulated, and proposed changes are unlikely to enhance the representation of women and minorities in the Parliament, and no additional special measures are introduced to compensate for this.” Regarding the proposal to amend Article 85 of Moldova’s constitution, which would provide the office of the President additional powers to dissolve Parliament, the Venice Commission opinion found that it could be interpreted as creating excessive executive power to use dissolution as a tool for “party politics,” under the current parliamentary regime. The Venice Commission opinion, which had been requested by Moldovan President Igor Dodon, also points out that two wrongs don’t make a right, in that the proposal “opposes to the broad potentially discretionary power of Parliament, an equally broad discretionary power of the President, which would open the way to institutional conflicts.” Both opinions on Moldova as adopted by the Venice Commission will be made available in their entirety by Monday 19 June. Contact : Panos Kakaviatos, Spokesperson/Media officer, Tel. +33 6 98 37 64 04 Council of Europe Directorate of Communications |
