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Constitutional Vices of the Republic of Moldova

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Constitutional Vices of the Republic of Moldova S t r o n a | 127 „Ante Portas – Studia nad Bezpieczeństwem” 2017, nr 1(8) Dan Nicu Romania CONSTITUTIONAL VICES OF THE REPUBLIC OF MOLDOVA Summary: The aim of this article is to deal with some constitutional issues in the Republic of Moldova, all of them being subject of a huge public interest and generating controversial debates among Moldavian politicians and into Moldavian socie- ty. The analyze particularly focuses on three important articles of the Constitu- tion, 13, 78 and 11, counting for traditional public debates in the Moldavian society about the Moldavian language, the election of the president by direct vote and the statute of the permanent neutrality of the Republic of Moldova. Keywords: Article 11, Article 13, Article 78, The Constitution, Moldavian language, mili- tary assistance, national security, NATO, permanent neutrality, political crisis, president, Romanian language, state language. Salus rei publicae suprema lex The linguistic vices No other article of the Constitution of the Republic of Moldova has ever been more challenged than the one regulating the state language. Here, in Mol- dova, we find a state language, not an official language. The difference seems to be non-existent to the foreign observers, but in the public sphere of the coun- try it has been manoeuvred and circulated repeatedly. Article 13 of the Consti- tution adopted in 1994 by a Parliament with a cryptocommunist majority pro- vided the “Moldavian” word for the “Romanian” language. In Romania and in any other country around the world, to prove to someone that Romanian is even Romanian, and in no other way it is absurd. But that does not work in the Re- public of Moldova. The determination of the authorities in Kishinev to intro- duce and preserve in the supreme law of the state a medieval word for the Ro- manian language, with a significance opposite to the original one, is very sim- ple: the word itself did not matter to the legislators of the constituent parliament of 1994, but the significance. 128 | S t r o n a In this sense, the glossonym of Moldavian language, a regional medieval variant for Romanian language spoken in the medieval principality of Moldova, found as such, undifferentiated by the language spoken by the Romanians (Wallachians) living in Wallachia and Transylvania, was used in the writings of the Romanian chroniclers Grigore Ureche, Miron Costin and Ion Neculce, was considered by the Soviet authorities, another language than Romanian. The goal was the same as everywhere the Soviets expanded their imperial domination: to divide in order to be able to rule. In the case of the Romanians living in the Prut-Dniester interfluvial area, the meaning for their Romanian language has been shifted since 1924, when Russian imperialism, dressed in the clothes of Soviet Communist international- ism, resorted to the nation's cultural and nation building policies in order to recover Bessarabia, which united with Romania in 1918, by the decision of its own parliament, representative in the conditions of the state of war at that time. The Moldavians from Bessarabia spoke Moldavian, being aware that they are speaking in Romanian language. This happened before 1812, when the Prut river was not a decisive border because it did not separate any administrative unit of Moldova (county or district), and also later after this year. It was demonstrated by the works of the great Moldavian scholars of the time, espe- cially those of Dimitrie Cantemir1, as well as the conventional administrative division of Moldova in the Upper Land (the Eastern Carpathian and the Hotin 1 Hronicul vechimii a Romano-Moldo-Vlahilor [The Chronicle of the Age of the Romano- Moldo-Vlachs] by Dimitrie Cantemir (1673-1723), a member of the Berlin Academy since 1714, is a monograph on the history of the Romanian people living in the Romanian space defined by the Carpathians, the Danube River and the Black Sea. In this paper, Cantemir speaks of the unity of language, traditions and customs of the Romanians in Wallachia, Moldova and Transylvania. Prior to that, in 1643, Moldovan ruler, Vasile Lupu, authorized the printing in Iasi, the capital of Moldova, of the Cărții românești de învățătură pentru toată seminția românească [The Romanian Book of Education for all Romanians], a collec- tion of religious texts. The close, diplomatic and especially cultural ties between Vasile Lupu and Matei Basarab, the prince of Wallachia of the same period, are well known and researched. Their reigns marked the beginning of what Romanian historiography calls the golden century of the Romanian culture (mid-17th century - middle of the 18th century). During the same period, senior hierarchs of the two Principalities, sanctified by the Roma- nian Orthodox Church (the Metropolitan Saints of Moldavia Varlaam and Dosoftei, the holy Metropolitan of Ungrovlahia Antim Ivireanul) and the ruler of Walachia, Şerban Can- tacuzino, assisted by the brothers Radu and Şerban Greceanu, with the help of his brother Constantin Cantacuzino, worked for the translation of Christian religious texts into Roma- nian language. The Bible, printed in Bucharest in 1688, was the first full edition of Holy Scripture in Romanian, and was the basis of the today’s Romanian literary language. Previ- ously, in 1544, the first book in Romanian language, Catehismul românesc de la Sibiu [The Romanian Catechism from Sibiu], was printed in the Transylvanian city of Sibiu. All these historical facts prove the consciousness of the unity of language, culture and faith of the Romanians from the three medieval Principalities, Moldova, Wallachia and Transylvania. S t r o n a | 129 regions), the Lower Land (plain regions) and Bessarabia (the Black Sea coast, formerly owned by the Basarab dynasties of Wallachia). It was also strongly demonstrated especially by the oral traditions, the folklore preserved in the Prut-Dniester interfluvial region, named by the Imperial Court in Petersburg Bessarabia, after the annexation of 1812, in order to distinguish it from the un- occupied territory of Moldova, and finally gained by the Russians at the Con- gress of Vienna in 1815. To speak “Moldavian” did not mean, at least since the 17th century, to speak in “Moldavian” language, since neither speaking in Moldavian language ("the language of the country", "the language of the people") did not mean any- thing else than to speak in Romanian language. But Moldavians from Bessara- bia spoke and continue to speak Moldavian, meaning that they use a mark to designate how they speak in a language that has always been perceived as the same as that in the entire Romanian dwelling area. The Soviet policy of the artificial division of the Romanians on the two sides of the Prut River had a specific purpose: to justify the rapture of Bessarabia and northern Bucovina, Romanian provinces, in 1940, following the Ribbentrop-Molotov pact. How could not be justified at the international level the liberation of the Romanians from the "occupation" of the Romanians, the Kremlin created a simulation of "Moldavian" state on the left bank of the Dniester, called the Moldavian Soviet Socialist Autonomous Republic and included in the composition of Soviet So- cialist Republic of Ukraine. From this republic, having its capital in Balta and later in Tiraspol (1929-1940), a lingering and crass lie about the ethnolinguistic character of the Romanian Bessarabians was propagated, insisting on the Mol- davian ethnocultural separatism towards Romania, which is still manifest in the Republic of Moldova, in a form that today is quite mitigated, but still present. In a less analytical register, there are several facts worth mentioning about the treatment given by the authorities, but also in society, to the linguistic issue, part of the identity crisis of the Bessarabian Romanians. The first of these facts is the decision of the Academy of Sciences of Mol- dova, in 1994, to condemn the adoption in Parliament of the Article 13 of the Constitution. The superior scientific forum of the Republic of Moldova insisted on the name "Romanian language". This is easy to understand, given that since 1990, in all the primary, secondary and higher schools in the republic, the stu- dents are teaching not "Moldavian language", but "Romanian". This situation has been preserved so far, with an institutional duality at the level of the socie- ty. On the one hand, in the education, culture, press and civil society, the lan- guage is called “Romanian’, on the other hand, in articles 13 and 1182 of the 2 Article 118 refers to the language used in the courts. 130 | S t r o n a Constitution it appears as "Moldavian". Over time, the degree of adhesion of the central administrative institutions to the use of Moldavian word has dimin- ished, particularly after the power change in 2009 and the beginning of the ap- proach to Romania and the European Union, the official web pages of the gov- ernment, ministries, parliament and other institutions started showing RO in- stead of MD into language bar. The second fact is that the Presidency, controlled by pro-Russians led by Igor Dodon, is currently pushing for a return to the name "Moldavian lan- guage". The attempts made by Dodon and his acolytes to restore the name are the result of a Constitutional Court ruling in November 2013 to introduce the Declaration of Independence of the Republic of Moldova of August 27th 1991, as a preamble in the text of the Constitution. In this document, the language of the majority population is called "Romanian". Besides, one of the first measures of the newly elected president Igor Dodon (2016) was to change the name of the Romanian language into Moldovan on the website of the presiden- cy. Probably this was also the reason for what Dodon was the only foreign leader who took part to the Victory Day Parade on 9 May 2017 in Moscow.
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