The new constitution introduced the institutional framework of Moldova’s current
political system. It provides for a unicameral Parliament, a popularly elected President,
and substantial autonomy to the regions of Transnistria and Gagauzia. In 2000, a
constitutional amendment endowed the Parliament with the power to elect the
President. The Executive.The President is the Head of State and serves as the
Commander in Chief of the armed forces. The President is competent to initiate laws
and address the legislature on several matters. He enjoys the right to dissolve the
Parliament and suspend acts of the government under certain circumstances. His duties
moreover include negotiating and concluding international treaties, accrediting high
officials, conferring medals and other honorary ranks, resolving citizenship disputes as
well as granting political asylum and individual pardons. As a precondition, the
President shall be proficient in the Moldovan language, have lived in the country not
less than 10 years, and be at least 40 years of age.
The powers and duties of the Prime Minister include informing the president of
“matters of special importance” and nominating and coordinating the
government. Nominated by the President, the Prime Minister is subsequently
approved by Parliament by a vote of confidence.
The government’s task is to implement the domestic and foreign policy of the
nation. A “specific programme of activities” is subject to approval by the
Parliament and serves as a guideline for the government. Aside from the Prime
Minister, the government compiles the first Vice Prime Minister, the other Vice
Prime Ministers, Ministers, and other persons specified by an organic law.
The Legislature. The unicameral Parliament enjoys vast oversight powers over the
executive branch. It is the country’s supreme representative body and its 101 members
are directly elected for a four-year term of office. This term may be shortened through
dissolution or extended for one year in the event of a war or catastrophe.
The right to initiate legislation is granted to the Parliament, Deputies, the President, the
government and to the people’s assembly of the Gagauzian region. In addition to its far-
reaching institutional autonomy, the legislature has many different competencies,
including the powers to enact legislation, control the executive, interpret laws, ensure
the uniformity of legislation in Moldova, call for referendums, approve the overall
direction of democratic and foreign policy as well as the military policy. Furthermore, it is
responsible to approve international treaties and the state budget, grant amnesty and
declare a state of emergency.
The Judiciary. The judicial system consists of the Supreme Court of Justice, the Court
of Appeal, Tribunals and the Courts of Law. According to the constitution, courts of
exception are forbidden. The structure and competencies of the courts are established
by organic law. Judges are nominated by the legislature, the government and the
superior council of the magistrature, each of those bodies selecting two candidates.
Constitutional and political challenges
Moldova is confronted with various challenges. The country’s earlier three fifths majority
of the legislature requirement to elect a president led to political deadlock and a vast
number of failed elections. Regarding changes, the Venice Commission therefore
recommended amongst others to remove turnout requirements for elections to be
recognized as valid; not to increase legal thresholds for winning parliamentary seats; to
clearly allocate powers and competences to the different responsible bodies for the
review of complaints and appeals in order to avoid conflicts of jurisdiction; and to
regulate the conditions for de-registering candidates or lists of candidates.
