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CC pronounces on unconstitutionality of Election Code provisions

The Constitutional Court (CC) examined the application to determine the constitutionality of Electoral Code provisions concerting the number of polling stations established for elections outside the country, which was filed by the Party “Dignity and Truth Platform” and which was accepted by the Chisinau City Appeals Court. The Court held that the application does not meet the admissibility conditions and cannot be accepted for examination.

In a press release, the CC noted the preliminary procedure does not need to be respected when the Central Election Commission’s decisions concerning the establishment of polling stations are challenged, if only in the case of individual administrative documents. In this case, the CEC’s documents are normative, not individual administrative documents.

The Court said the exceptions of unconstitutionality didn’t refer to substance problems concerning the effective number of polling stations. They referred exclusively to procedural issues, namely the unconstitutionality of the text “without respecting the preliminary procedure” from Article 72, par. (3) of the Electoral Code, the word “challenge”, the text “is examined in accordance with the provisions” and others.

To start the procedure for establishing the constitutionality, the Court had to confirm the applicability of the challenged legal provisions in cases examined in common law courts that submitted the challenges.

The condition “applicability of the challenged legal provisions in the case examined in the common law court” implies the applicability of provisions that affect the author of the exception of unconstitutionality. In the application, the Court didn’t identify particular damage caused to the author by the challenged provisions. Logically, the declaring of these provisions unconstitutional would have made the author’s legal actions useless.

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