Presidency of the Republic of Moldova
The President of the Republic of Moldova, head of state
The President of the Republicof Moldova, in his/her position as head of state, represents the state and is the guarantor of the national sovereignty and independence, as well as of the unity and territorial integrity of the state (Article 77 of the Constitution).
Election of the President of the Republic of Moldova
The President of the Republicof Moldovais elected through a universal, equal, direct, secret and freely expressed vote. The candidate is declared elected only if he is voted by at least half of electors, who participated in elections. If none of the candidates acquires the majority, the second round of election shall be organized, between the top two candidates, who obtained the majority of votes in the first round. The candidate who acquires the highest number of votes is declared elected, upon the condition that the number of votes in his/her favor is higher than the number of votes against him/her. The procedure for electing the President of the Republicof Moldovaelections is stipulated in the organic law (Article 78 of the Constitution).
The candidate for the position of President of the Republic of Moldova
Any citizen with the right to vote and over 40 years age, who has been living on the territory of the Republic of Moldova for no less than 10 years and speaks the official language may run for the position of President of the Republic of Moldova (Article 78 (2) of the Constitution).
Mandate validation and oath procedures
The outcome of elections for the position of President of the Republic of Moldova is validated by the Constitutional Court, and the candidate whose election is validated shall take the following oath before the Parliament and the Constitutional Court, within 45 days after elections: “I solemnly swear to devote all my personal strength and abilities to the prosperity of the Republic of Moldova, to respect the Constitution and the laws of the country, to defend democracy, fundamental human rights and freedoms, the sovereignty, independence, unity and territorial integrity of Moldova” (Article 79 of the Constitution).
The term of office for the President of the Republic of Moldova
The Presidential term lasts four years and starts on the oath-taking day. The head of state exercises his/her mandate until the submittal of oath by the newly elected President. The Presidential term may be extended, through an organic law, in case of war or catastrophe, but no person can hold the position of President of the Republicof Moldovafor more than two consecutive terms (Article 80 of the Constitution).
Incompatibilities and immunities of the President of the Republic of Moldova
The position of President of the Republicof Moldovais incompatible with holding any other remunerated position. The head of state enjoys immunity and shall not be held legally liable for the opinions expressed during his/her mandate. The Parliament may decide to indict the President of the Republicof Moldovafor a criminal offence committed, with the vote of at least two thirds of its members, the adjudication competence belonging to the Supreme Court of Justice within the terms of the law. The President is legally dismissed from his position on the date when the final conviction verdict enters into effect (Article 81 of the Constitution).
Suspension and dismissal from the position of President of the Republic of Moldova
In case of serious offence committed, infringing Constitutional provisions, the President may be suspended from his position by the Parliament with two thirds of votes. The proposal of suspension from position may be initiated by at least one third of the Parliament members, and with due notification of the President whereupon. The President is entitled to submit to the Parliament explanations on facts he is accused of. If the proposal of suspension is approved, a referendum for the dismissal of the President shall be organized within 30 days (Article 89 of the Constitution).
Vacancy of the position
The vacancy of the position of President of the Republicof Moldovaintervenes in case of expiry of the mandate, resignation, dismissal from office, ultimate impossibility to perform functional duties or death. The resignation letter of the President of the Republicof Moldovashall be presented to the Parliament, which pronounces its opinion thereon. The impossibility to fully exercise the functional duties by the head of state for more than 60 days shall be confirmed by the Constitutional Courtwithin 30 days upon notification. Elections for a new President shall be organized within 2 months from the date when the vacancy emerged, under the terms of the law (Article 90 of the Constitution).
Interim office
If the position of the President of the Republic of Moldova becomes vacant or the President has been dismissed, or he/she is under temporary impossibility to perform functional duties, the interim office shall be ensured by the President of Parliament or Prime Minister, in the order of priority (Article 91 of the Constitution).
The responsibility of interim President
If the person acting as interim President of the Republic of Moldova commits serious offences infringing the constitutional provisions, Article 89 (1) and Article 91 shall be applied (Article 92 of the Constitution).
The Decrees of the President
While exercising his/her functional duties, the head of the state issues decrees with mandatory enforcement throughout the entire territory of the state. The decrees are published in the “Monitorul Oficial” of theRepublicofMoldova.
The decrees issued by the President, while exercising functional duties as envisaged in Article 86 (2) and Article 87 (2), (3) and (4) shall be countersigned by the Prime-Minister as well (Article 94 of the Constitution).
The functional duties of the President
Convocation of Parliament
The President of the Republicof Moldovashall convene the Parliament not later than within 30 days after the elections (Article 63 (2) of the Constitution).
The right to legislative initiative
The President of the Republicof Moldovahas the right to legislative initiative (Article 73 of the Constitution).
Messages to Parliament
The President of the Republicof Moldovais entitled to attend the working sessions of the Parliament. The President addresses the Parliament messages related to main issues of national interest (Article 84 of the Constitution).
Promulgation of laws
The President of the Republicof Moldovapromulgates laws and has the right, if he/she objects against one law, to submit it, within two weeks, to Parliament for reexamination. If the Parliament maintains its previous decision, the President shall promulgate the law (Article 93 of the Constitution).
The dissolution of the Parliament
If forming the Government is not possible or the procedure of passing laws is blocked for a period of 3 months, the President of theRepublicofMoldovais entitled to dissolve the Parliament upon consulting with parliamentary factions. The Parliament can be dissolved if it has not passed the vote of confidence for setting up a new Government, within 45 days since its first request and only after the rejection of at least two requests of investiture.
Along with these possibilities, there are certain restrictions with regard to dissolution of the Legislative body. Thus, the Parliament can be dissolved only once in the course of a year. It cannot be dissolved during the last six months of the Presidential term, or during a state of emergency, state of siege or war (Article 85 of the Constitution).
The attributions of the President in appointing the Government
Investiture
The President of the Republicof Moldova, after consulting with parliamentary factions, appoints a candidate for the position of Prime-Minister, and appoints the Government based of the confidence vote of the Parliament. In case of Government reshuffle or vacancy of the position, the President of the Republicof Moldovashall remove and appoint members of the Government, proposed by the Prime-Minister (Article 98 of the Constitution).
Appointment of the Interim Prime-Minister
The President of the Republic of Moldova shall designate another Government member as an Interim Prime-Minister, in case where it is impossible for the Prime Minister to perform functional duties or in case of his/her death, until a new Government is set up (Article 101 of the Constitution).
Attributions in the field of foreign policy
The President of theRepublicofMoldova, personifying the state and representing it in relations with other States at the highest level, is the official representative of the state in collaboration with the Parliament and the Government and has the following attributions in the field of foreign policy:
- takes part in negotiations, conclude international treaties on behalf of theRepublicofMoldovaand presents them to Parliament for ratification, under the terms of the law and within the period prescribed by law,
- upon the proposal of the Government, the President accredits and recalls diplomatic representatives of theRepublicofMoldova, as well as approves the creation, cancellation or changes in the ranking of diplomatic missions.
- receives letters of accreditation and of recall of foreign diplomatic representatives in the Republicof Moldova(Article 86 of the Constitution).
Attributions in the field of National Defense
The President of theRepublicofMoldovais the Supreme Commander of the armed forces. Upon prior approval of the Parliament, the President of theRepublicofMoldovais entitled to declare partial or general mobilization of the armed forces. Also, in case of armed aggression against the country, the President of theRepublicofMoldovashall undertake the necessary steps to repulse the aggression, as well as to declare the state of war and notify the Parliament whereupon. If the Parliament is not in session, it shall be legally convened within 24 hours from the outbreak of the aggression.
The President of the Republicof Moldovacan take other measures to ensure the national security and public order, according to the law and within its limits. (Article87of the Constitution).
Appointment of Judges
The President of the Republicof Moldovaappoint judges in the courts of law, upon the proposal submitted by the Superior Council of Magistracy. (Article116 (2)of the Constitution).
Other Powers
The President of theRepublicofMoldovaalso fulfils the following duties:
a) awards decorations and titles of honor;
b) awards supreme military ranks as envisaged by the law;
c) settles issues related to the citizenship of theRepublicofMoldovaand grants political asylum;
d) appoints public officials, under terms provided by the law;
e) grants individual pardon;
f) can request the expression of citizens’ will on matters of national interest through referendum;
g) awards diplomatic ranks;
h) confers superior degrees of qualification to officers holding positions within prosecuting bodies, courts of law and to other categories of civil servants, according to the law;
f) suspends the acts of the Government, contravening the legislation, until the final ruling of theConstitutional Court;
j) exercises other functional duties as stipulated by the law(Article88of the Constitution).
