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Exclusive31 October 2020 09:00

The status of the President of the Republic of Moldova

The President of the Republic of Moldova, head of state

The President of the Republic of 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).

www.presedinte.md

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