Newsletter on Foreign Policy and European Integration Issues of the Republic of Moldova

Foreign Policy Association together with Friedrich- Ebert-Stiftung offer you a newsletter on foreign policy and European integration issues of the Republic of Moldova. The newsletter is part of the “Foreign Policy Dialogue” joint Project. NEWSLETTER MONTHLY BULLETIN MARCH 2021 NR.3 (181) Synthesis and Foreign Policy Debates The newsletter is developed by Mădălin Necșuțu, editor-coordinator TOPICS OF THE EDITION: 1. Stela Jantuan, political analyst:“The solution is very simple, and this is triggering early parliamentary elections” 2. Cornel Ciurea, political analyst, University professor: “I think that no political force in the current conditions can afford to raise the tensions even higher” 3. Nicolae Osmochescu, university professor and former judge with the Constitutional Court:“If Igor Grosu is not voted, the Parliament could be dissolved, and after 90 days early parliamentary elections could be organized” 4. Editorial by Madalin Necsutu, Balkan Insight correspondent, and G4Media to Chisinau: “Republic of Moldova, gripped by the pandemic and early elections” 5. Expert Opinion. Ion Tăbârță: “After more than 25 years of constitutional development, the Moldovan political system has reached an institutional deadlock” News in Brief President Maia Sandu announced on his Republic of Moldova, Facebook account that on Friday, March 19th, the first batch of vaccines from the almost 100,000 promised doses will arrive in the Republic of Moldova by the end of March. These are offered by gripped by the pandemic Romania and the EU either bilaterally or through the international COVAX platform. “Another batch of vaccines is coming today. In total, by the end of March, 46,000 doses of vaccine will arrive in the Republic of Moldova and early elections through the COVAX platform and another 50,000 from the donation offered by Romania. We thank once again the donors of COVAX and Romania for their support and solidarity in these difficult times for all”, wrote Maia Sandu on her Facebook account. The President also announced that she had asked the Ministry of Health to prepare the process of distributing the vaccine to the vaccination centres as efficiently as possible in order to ensure the increase in the number of vaccinated people per day. The batch sent on Friday included 24,570 doses of Pfizer serum via COVAX.

Russia’s Foreign Ministry has accused the USA and the EU of meddling in Moldova’s “internal affairs”. “In the best traditions of American missionaries, he (Dereck Hogan -n.r.) posted on the embassy’s website a sermon on democracy, pandemic, corrupt politicians and oligarchs, economic difficulties and the political crisis in the Republic of Moldova. The solution to get out of this situation, according to the ambassador, can be “courage and adherence to democratic principles”, demonstrated already by the voters in Moldova and abroad in the last presidential election, offering “another historic step in the democratic development” of the country, wrote the Russian MFA in a statement issued on March 17th. The reaction comes after the American ambassador to Chisinau, Dereck Hogan, published on the anticoruptie.md website an editorial in which he reaffirms the support for the creation of a democratic framework in the Republic of Moldova led by leaders without criminal problems.

On March 16th, the President of the Republic of Moldova, Maia Sandu, appointed Igor Grosu, the leader of her former political party, the Action and Solidarity Party (PAS), as prime minister. This is the second nomination for the position Mădălin Necșuțu scene. The presidential measured their political of prime minister made by Maia Sandu, after last month election has turned rating, while the concern she appointed Natalia Gavrilita, who did not receive the confidence vote of the deputies from the Chisinau One year after the the health crisis into for the people was Parliament. Maia Sandu made this appointment because official start of the a secondary issue. extremely low. there was no candidate to be supported by a formalized parliamentary majority, she told a news conference pandemic, the Republic The authorities have after consultations with the parliamentary groups. The Socialist Party reacted and nominated Moldova’s of Moldova has faced functioned more in This has been noticed ambassador to Russia, Vladimir Golovatiuc, as prime convulsions not only in an election campaign with the partial elections minister, after Mariana Durleșteanu had announced on the day of the Sandu-Dodon negotiations that she was the health sector, but logic in which they have in the Hincesti resigning. Starting from his official nomination, Grosu also on the political constantly counted and constituency, when has 15 days to form the government and develop the governing programme based on which he will ask for the confidence vote in the Parliament. Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 2 Synthesis and Foreign Policy Debates the people were called to the polling stations, although The solution is very simple, Moldova was already counting its first dozen of diseases. After one year and this is triggering early since the beginning of the pandemic, the country has more than 210,000 parliamentary elections cases and over 4,500 deaths. This tragic balance can only be compared Stela Jantuan, political analyst with other historical tragedies from the Soviet times. However, poor political management has been the only constant last year and early this year - from the suppression of freedom of expression in the case of the media which was reporting about the pandemic, the Easter holidays with a devastating effect of the virus spread to the presidential elections when the candidates travelled across the country bringing people together for election meetings. Throughout 2020 and even until present, Moldova has not concluded bilateral contracts with major world vaccine producers. Former and current interim government has not made he political crisis in the Republic of Republic of Moldova. However, it worsens any moves in this regard. Moreover, Moldova should be resolved in an and deepens from one year to another even in the 2021 budget no money T intelligent way and by consensus, and and you cannot know what it will end up has been allocated for vaccines. In a early elections are the solution to set with and how far it can go. last effort, 60 million DML was found, the country on a normal path. These are but the money is not enough to just some of the ideas arising from the The pandemic is more of a catalyst for vaccinate even 20% of the country's interview with the political analyst Stela these processes that have been taking population. Jantuan. I have also talked with her about place in the Republic of Moldova for how the topic of coronavirus vaccines several years. The way out of the crisis The ‘sarabande’ of these political is used imagologically and what the is very simple, because until now, struggles is far from over. While one authorities should do in this regard from the political class in the Republic of camp claims that early elections the perspective of the political game. We Moldova used a slogan which was rather are the only solution to the are inviting you to read the full interview manipulative, allowing it to stay in power. reorganization of the kleptocratic below: Namely, the Moldovan politicians used to political class rooted in the power of say we always have to choose the lesser the Republic of Moldova for the last What would be the solutions to get of two evils, this paradigm being kept and 30 years, the other camp wants to out of the current political crisis that has used by all politicians. And why does the keep its caste privileges and continue overlapped with this pandemic period in Republic of Moldova, in the 21st century, to plunder the state resources, the Republic of Moldova? have to choose the lesser of two evils? doing dirty business. The solution The way out of this situation is on the of the early parliamentary elections I would not agree with you here that the surface. And the situation should not be seems to be postponed at least until two crises have overlapped as Moldova used based on the old laws if we want to the middle of this summer, while has been in a political crisis for several build something new. That is why I believe the sanitary solution for resolving years. The crisis was artificially maintained that we should get out of this vicious circle the health crisis is postponed for by the former government of Vladimir once and for all. an indefinite period in a sea of Plahotniuc, when the state was controlled uncertainty for the future of the by a single party and, in fact, by a single The solution is a very simple in our country. person. This crisis is permanent in the situation - triggering early elections. For

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 Synthesis and Foreign Policy Debates 3 this, however, the Moldovan political It is said each state has its own What will happen after March 23rd, a date class should get ready. Most of the ideology. If we are talking about Republic that has already been imprinted in people’s parliamentary factions in the Parliament of Moldova, there has been none for consciousness as a magical solution for do not want this path. more than 30 years, although a symbolic early elections, remains to be seen. But I space has been preserved. And this is think it’s a losing path. Without dialogue, Apart from the PAS, I don’t see any the one in which certain local clichés are you (as a party) cannot reach this option. other parties that would be in favour of kept. Moldovan politicians are constantly And we are talking about a political early elections. What are the reasons for selling illusions to the people. There is solution, no matter how unpopular it may that? incapacity to understand the situation, be. to make correct analyses, to give an They don’t want elections, because appropriate diagnosis to the situation From the point of view of political most of them will no longer enter the and to develop a suitable strategy for this technologies, for example, if you project Parliament and this is the result of their situation. public opinion on a certain date, there pseudo-political activity. Moldova has not must be a concrete plan. When you been operating in political terms for a very And March 23rd is also an illusion. It was predispose the public to a certain idea long time. The Moldovan state institutions, from the very beginning a wrong path and do not deliver as promised and such as the Constitutional Court, the that the pro-European politicians took. expected, then you can lose your rating General Prosecutor’s Office, the judiciary The constitutional provisions are very and popularity of the politician who knows should not be any longer part of the clear and we should not play with the what to do. political game, etc. Political actors should supreme law if we want the state to be put behind “red lines” that they must return to a constitutional and legal space. “The geopolitical war no longer cross. of vaccines”, a false theme After the appointment of Gavrilita and We have talked a lot about a different then the failure to vote her in Parliament, What can you tell us about the type of politics, but in fact, all the they had to have a clearer subsequent imagological confrontation between Maia political clichés have been followed so strategy for early elections. Sandu and Igor Dodon on the issue of far. Nothing new was invented and no vaccines against COVID-19? way out of this old political paradigm If you do not follow this path, how can was sought, although it was very simple. you avoid this constitutional norm? How I would like to tell you that this situation In 2019, when they declared we would can you trigger early elections if the is also a false agenda for Moldova. On the proceed according to the laws and rulings street tool is not used or accepted? How other hand, we have Igor Dodon who took of the Constitutional Court, they have could we have early elections outside the pandemic management under his actually legalised the illegal actions of the the constitutional and legal framework? control, performing extraordinarily badly. Plahotniuc regime that has made up those This was clear from the start - either you In fact, what Igor Dodon did has led to this laws and rulings of the Constitutional have a street strategy and then you can deplorable situation of today as Republic of Court to suppress the state and capture. go ahead or find other solutions. Because Moldova, with a population of 2.5 million, And how to get out of this vicious circle the existing situation goes beyond the could have dealt with the pandemic in a now when we want to act based on new constitutional and legal framework, being much better way. On the other hand, we policies, but according to old rules? That an eminently political one. have Maia Sandu who is now considering multitude of laws allowing the state holding early elections and overcoming the capture should have been cancelled long In order to break this deadlock, there pandemic crisis. time ago. Some parties may not have is need for a political approach. This is had political experience, but they have the practice of many states that have In my opinion, at present, there are two behaved in an old-fashioned way not even taken the democratic way to reach problems confronting each other. On the consulting the civil society experts in how solutions that could bring democracy in a one hand, the number one priority is early to overcome this situation. constitutional and legal environment. elections, which is clear and supported by the voters, and on the other hand, the Scenarios and expectations For such a strategy you need to have pandemic crisis should not be politicized. allies in Parliament or among extra- It should not be politicized, but it should I would like to talk about March 23rd, parliamentarians with whom you can talk be resolved. This confrontation between when three months of Ciocoi’s current to reach a common strategy. One party by institutions does not lead to a solution and cabinet interim term expires. What could itself cannot achieve such a strategy, and this is the essence of Moldovan politics. the Constitutional Court say after the in its absence, you are risking violating Politics and geopolitics are made of all the expiry of this date? the constitutional and legal norms. topics on the daily agenda.

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 4Synthesis and Foreign Policy Debates For example, we have to solve the But if you remember when Igor Dodon In my view, Maia Sandu is making a pandemic situation. Dodon and his declared here in Moldova that he strategic and tactical mistake. She government Chicu did not even plan in was leaving for Russia in half an hour, was somehow forced to demand the state budget means to buy vaccines Dmitry Peskov, Putin’s spokesman, said the lockdown, but now the situation in 2021. Not even a vaccination plan was that Dodon had no meeting with the has changed. If not long ago this was foreseen. They are saying now that no Russian president. The Russians did not requested by all parties in Parliament, vaccine was ready back then and they support him or give him that USD 200 which did not want early elections, this are telling us stories, because all the million loan. This would have been very being brought as the main argument other countries signed contracts to buy important to Dodon at that time. Even against elections, now Maia Sandu has them already last year. today it is not clear what the problem spoken about early elections and March was with that loan. In addition, if Russia 23rd as the end of the interim term of If Igor Dodon did not do this, from a had wanted to help Dodon, it would have Prime Minister Ciocoi. However, the roles political point of view, we should aim made the same gesture as Romania. have reversed now. Maia Sandu is forced at vaccinating rather than setting a Moscow could send humanitarian aid in to impose a lockdown in the country, lockdown. Because the isolation did the form of 200-300.000 vaccines, but and the parliamentary majority and the not solve anything in the Republic of it did not, which means Russia is not Government are against it. Moldova in the absence of a clear, strict interested in Igor Dodon as much as it is and coherent plan for applying sanitary interested in Igor Dodon’s party, maybe This situation is quite dangerous, because restrictions in the country. the only loyal left-wing party to Russia. Igor Dodon has two important tools: the parliamentary majority and the Why am I saying this? Because the Russia in relation to Igor Dodon incumbent government. Using these “vaccine dispute” is a false agenda and and his plans for the future two tools, he can now speak exclusively will not bring political dividends to either of vaccination and not of “lockdown” or Igor Dodon or Maia Sandu. The people in The analysts are increasingly discussing sanitary restrictions. Moldova differ from the people in other that Igor Dodon is no longer wanted at European countries. Our people are not the helm the Socialists Party. What do In this case, the whole initiative will be interested in where these vaccines will you think about this hypothesis? taken by this harmful parliamentary come from. What it matters to them is to majority, which could generally disregard get vaccinated. I think that Russia has already shown, the idea of early elections. And then the when it withdrew its support for him, situation is becoming unfavourable for However, the USA and the EU have not that Igor Dodon is no longer a desirable President Maia Sandu, who has to think asked the right-wing parties to boycott person for Russia to represent its interests very carefully about how to manage this the Russian vaccines, just as Russia has here. But Russia has no other leader here. situation. not asked Dodon to make a big fuss No matter what they say, Igor Dodon about it. This is an internal topic of the remains in his position as president of the Is the scenario in which the Socialists political opponents that they are using. Socialists, and the Russian Federation has could initiate the impeachment And they are using it without talent. no one else to talk to. And Igor Dodon is procedure against President Sandu still taking advantage of this situation. valid? Speaking of Russia, why do you think it did not intervene to send aid, while The solution in this case is a political They do not need this scenario as they the USA and the EU have already done one, which is not accepted now, because want to take the initiative to vaccinate. it with regard to vaccines? Didn’t it some experts claim that in this case the Since Maia Sandu has announced the want to or it couldn’t? popularity of the president will decrease. recent decision of the Supreme Security The solution to the current situation is, Council and her recommendation to the If we really want to understand what is however, a political one. Government on the lockdown the ball has happening, we have to leave geopolitics been in the field of the Socialists with a and other insignificant issues aside So, the PAS has to talk to the political parliamentary majority and government and try to understand that Russia did parties in Parliament which are somewhat in office. not support Dodon in the presidential ready for early elections, ie the Socialists elections, which was very clear. The Party as it forms now the parliamentary Thank you very much for the support given to him in the 2014 majority. From a political point of view, I interview! parliamentary and 2016 presidential think we need to discuss with this party, elections did not follow in 2020. And it without other coalitions, how to reach Madalin Necsutu wasn’t because of the pandemic. early elections.

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 Synthesis and Foreign Policy Debates 5 I think that no political force in the current conditions can afford to raise the tensions even higher Cornel Ciurea, political analyst

We are having a break now given primarily by the Presidency to reconsider its political stance and somehow move it from the initial position. Meanwhile, the pressures on the other side with regard to forming a new government has been on the rise, precisely because of the pandemic and the economic situation.

Vaccine dispute

The two major players - Maia Sandu and Igor Dodon - have been having an imagological confrontation as to which vaccine is better and who is helping Moldova more. Maia Sandu he coronavirus pandemic Some political forces have been got help from the EU and the USA, T overlapping with the political excessively relying on the rulings of while Igor Dodon has a media empire crisis in the Republic of Moldova has the Constitutional Court in the hope that he is skilfully using to promote led to an alarming situation in the that they will do them justice. This is the Russian Sputnik V vaccine, which country. We have tried to decipher despite the fact that the Constitutional has not arrived yet. How do you see what could be some of the solutions Court has been repeatedly suggesting this imagological war between the to overcome this difficult situation, through its rulings to the political two political forces? given that Moldova has neither the forces to accept dialogue and vaccines needed to fight the virus compromise. It’s a pretty complex vaccine war. nor political solutions to form a The dispute is already historic: who government that can truly fight the So, there is a suspense now. First of is to blame for not having enough pandemic that has been raging for all, the Presidency took a break for vaccines so far. In particular, Ms more than a year. We have discussed thinking it over, setting a deadline for Sandu’s supporters believe that the about this in an interview with the March 23rd. This date seems to have previous government, politically political analyst, Cornel Ciurea, that been set in an arbitrary way - three controlled by the Socialists, was very you can read below. months after the resignation of the late in mobilizing and allocating the Chicu government - relying somehow necessary resources to obtain these Mr. Ciurea, we are facing a difficult on an interpretation term by the vaccines. They give the European situation as in addition to the Constitutional Court from 2013. But I states as an example, which I find pandemic, Moldova has been facing think this break has been taken rather somewhat unfair, because the EU a severe political crisis. What are in for meditation, for reconsidering states have had certain advantages in your opinion the solutions to the the political position, because the obtaining these vaccines. crisis? pressure in society has been growing. I think that no political force, in the It is also a geopolitical confrontation I think that the dialogue between current conditions, can afford to raise in the case of the vaccines, which, I the political forces is important. the tension even higher, and the early believe the Presidency is winning for However, it is currently blocked elections, as a political solution, would the moment, because a Western-type for reasons difficult to explain. lead to just that. vaccine has been brought to Moldova

- AstraZeneca. Western vaccines because the amount of vaccines Imagological advantages will also continue to be brought on brought from the West is insignificant for the West the COVAX platform. Obviously, the and the victory is not final. That’s why Socialists are trying to promote the I’m saying there’s no point in waging The EU and the USA have won Sputnik V vaccine. this war to the end. On the contrary, I the imagological war on the aid to believe that at some point, peace will the Republic of Moldova during In this case, this imagological be made between the political forces the pandemic. Why didn’t Russia victory was somehow embodied and we will focus on those vaccines intervene, did it not have the power by the bringing of the vaccines and that will be accessible. to send aid to Chisinau or it didn’t the presence at the airport of the want to? President of the country and the EU Why do you think the doctors Ambassador, Peter Michalko. After from Gagauzia did not want to I think that a very strong involvement all, the dispute is somehow settled. get vaccinated in the first place? of Russia in Chisinau was not wanted. The first vaccine is the European Were they just victims of the If it was wanted to, I think Russia one. I think that in the end we will misinformation of the Russian- would have found ways to infiltrate move towards a certain compromise, language media or there were other and bring these vaccines. In general, an equal acceptance of all vaccines reasons for that? there have been talks lately that that will be registered - also Russian Russia’s involvement is relatively and Chinese - provided they are There are several explanations modest. acceptable as price and relatively here. A third element of the “vaccine harmless to the population, in the war” is, of course, their effectiveness. Russia remains in the area, it has a sense of having no side effects. I do It’s a struggle for “people’s minds varied arsenal of geopolitical tools not think that this battle, which has and hearts” to convince them that and weapons, but it uses them had a beginning favourable to the the traditional Russian or the most with sufficient moderation and Presidency, will continue. It will lead to sophisticated Western vaccines are circumspection. peace from a war that has begun quite more efficient. fiercely, it will end up with a general In this case, Russia did not want understanding that all vaccines are I believe that, for the most part, the to push it. In fact, one of the good, provided they are accessible. people of Gagauzia, Taraclia have explanations would be the discourse fallen under the influence of this of President Maia Sandu that doesn’t What has happened with the propaganda that Sputnik V is more contain anti-Russian elements. company which was supposed to effective and seemingly harmless Lately, when speaking about the bring Sputnik V in the Republic of compared to AstraZeneca, which is Transnistrian conflict she hasn’t Moldova? said to produce certain side effects. mentioned the Russian danger. She is bringing somehow all topics into There are several explanations. First of Such fears have been fueled an anti-corruption mix, which proves all, there is a feeling that the offer for politically and it is also natural. that Russia does not want to push Sputnik vaccine is still not enough. The The leadership of Gagauzia is it, because it wants a functional Russians have also failed to provide geopolitically anchored and therefore relationship with the Presidency and I the Sputnik V vaccine to Transnistria. its role is to promote the Russian have the impression that this is being The reasons for this are unknown. vaccine. I believe that at the moment, appreciated in Chisinau. all the political forces in our country, However, I believe that, for the both pro-Western and pro-Russian, The pro-Russian forces in Moldova did time being, the Russians are not are involved in this geopolitical not oppose in this imagological war able to provide sufficient quantities confrontation. The vaccine promotion of the vaccines that you are talking of vaccine. So do the Westerners, is also one of the tools of geopolitical about. It was celebrated with a relative because the amount provided so influence used by all political forces. enthusiasm at the airport. No one far is extremely small. You can’t find It was also natural for Irina Vlah to objected, no one criticized this. For the vaccines on the market today. On allude to what she alluded to. I would time being, Russia prefers to have the the one hand, we have a geopolitical have been surprised if she hadn’t second position in this war, observing confrontation, but it is rather symbolic, done that. behind the scenes the developments

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 Synthesis and Foreign Policy Debates 7 of this fight and having the possibility by herself to the conclusion that How do you see this rapprochement to intervene more firmly any time, if the negotiations are preferable to between Igor Dodon and PSRM, and necessary. adversity and war. Ilan Shor and the “political tourists”? What do you think about the two President Maia Sandu has already Opinion polls and repositioning forming a new government and the announced about her position, with regard to early elections impact it can have on the Socialists? namely that she will not accept Will it benefit Igor Dodon in the negotiations with political parties What do you think about Igor medium to long term or not? until March 23rd at least. Would it be Dodon and the PSRM changing useful or not for the Socialists now to their mind from December 2020 On the one hand, there is this initiate the impeachment procedure? until February 2021 regarding early natural approach because Igor Dodon elections? What happened in the lost the support of the Democratic First of all, the Socialists, I suppose, meantime? Party and in these conditions, in order are having high hopes that Maia Sandu to remain in Parliament, he had to will change her mind and start the The idea of early elections previously consolidate his majority. The only negotiaions with the parties earlier, promoted by Igor Dodon and the accessible and affordable partner was hoping that the Socialists are quite Socialists was due to a certain the Shor Party. reserved in initiating the impeachment annoyance with certain deputies who procedure, because, from a political broke away from their parties turning Very often, the end justifies point of view, initiating such a into political tourists, this creating the means, so this formalized procedure is burdensome. It contains discontent in Parliament and a sense parliamentary majority was created latent risks for the Socialists - it is a of acute instability. Then the situation together with what is called Shor’s kind of “nuclear weapon” that you in Parliament has stabilized. Those “toxic parliamentary group”. On use in extreme situations. I don’t think deputies joined several teams that the other hand, you see that this the Socialists are that desperate to do have consolidated, becoming constant toxicity has political effects. The it, so I think they will prefer to access actors in the Parliament. And in these Socialists don’t dare to form an other solutions. conditions, the fear of losing the official alliance with this group, having majority is not an issue any longer, Mr certain reservations about it. These Could the Socialists organise street Igor Dodon having now other worries. reservations are still maintained by protests against Maia Sandu? Would Of course, from a political point of virtually all factions in Parliament. The this help them or work against them? view, his biggest worry is the rising Democratic Party talks about “red line” popularity of Maia Sandu. Under these and surprisingly, also Pro Moldova Both Maia Sandu and the Socialists conditions, the dissolution of the talks about them, as well as the DA are in no hurry to initiate such Parliament would do for the Socialists Platform, the “red line” meaning protests. The optimal solution and other political factions an here the creation of a parliamentary for the Socialists is to bring Maia application of the Ukrainian scenario majority with the Shor group. Sandu to the negotiating table. Any from 2018 related to the dissolution violent or provocative action on of the Parliament. This is the political The situation from an objective point their part would strengthen Maia explanation. of view is illogical, because it is difficult Sandu, it would create a certain fear to distinguish, for example, between of insecurity that would produce But there is also a social and economic the Shor group and the Pro-Moldova retaliation and adverse reactions. explanation: given the pandemic group. Why is the Democratic Party Because of this, despite the fact that and economic crisis, as well as the approachable by PAS and not the Shor the war is still ongoing between the resigning government, the dissolution group? The only somewhat convincing Presidency and the Parliament, the of Parliament requires a lot of time explanation I heard is that, unlike Pavel parliamentary majority, I think, will and can cause a lot of inconveniences Filip and Andrian Candu, Shor was not resort to visible hostile actions to the population. And this claim or condemned in the first instance court, towards Maia Sandu for the time this insistence of the Socialists to which is not yet a final condemnation. being. Just to give them enough maintain the existing government or The argument, from a procedural room for manoeuvre to reflect to establish a new one is explained by point of view, is not convincing. On quietly. They will leave her to come the social and political situation. the one hand, there is this restraint in

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 8 Synthesis and Foreign Policy Debates Parliament and aversion towards the PSRM and a big increase for the PAS. With regard to the hypothesis that Shor group, but it has no rational roots, Moreover, there is serious competition not everyone in Moscow is happy it is rather inspired from the outside on the left-wing for the Socialists from with Dodon’s position on the left and is somehow ideologized. the Shor Party and Our Party. Could wing, I would make a remark. I do not this explain the PSRM’s change of mind think that Moscow wants Dodon’s Trilateral negotiations: puppets regarding early parliamentary elections? permanent removal. I think that and puppeteer Moscow, in the current conditions, For now, the Socialists are on the wants the increase of parallel political Before we talked about the second place in the polls. Some surveys forces in the Republic of Moldova. By Plahotniuc-Dodon binomial, can show a bigger or lesser decrease. the way, we see it today on our political we now talk about a Dodon-Shor- For example, in the case of the BOP, scene - in the “vaccine war” and the Plahotniuc trio? I would criticise it for the fact that it economic crisis. So we can admit that does not take Usatii into account. So, the political forces speaking now in Yes, they are talking now about it doesn’t provide a clear and credible favour of early elections, except for the the existence of this trio. Let’s try image. We all understand that, in the PAS, that want to enter the Parliament to understand the meaning of this event of an election, Usatii will pass the - Our Party and the Civic Congress - are triangle. It is supposed that there is parliamentary threshold. Given that somehow holders of the pro-Russian a dark conspiracy of occult forces in the Socialists are doing poorly in the flag, aspiring to the role of at least co- which, from a political point of view, BOP, it is not clear where they will get leader of the pro-Russian movement. the reins of power are in Dodon’s votes from. Moreover, the Socialists They want to marginalize Dodon on the hands, but he is secretly manipulated cannot really decrease a lot, because domestic political scene. And Russia by the “famous puppeteers” Vladimir they also have a limit. They cannot is probably promoting these political Plahotniuc and Ilan Shor. collapse to such an extent as there are projects. no reasons for that. The Socialists being Such an action seems unrealistic to me. the dominant force on the left, it is Does the Civic Congress led by From the point of view of political action, not clear where Usatii, who is playing Mark Tcaciuk have a chance to cross I do not think we can talk about the both on the right and left wings, will the 6% threshold or it could enter fact that Mr Dodon is controlled by Mr get the votes from. I don’t think BOP the parliament as part of a political Plahotniuc. However, this does not mean offers a clear and credible picture of combination together with Renato that there can be no certain contacts the political image at the moment, but Usatii, for instance? within this triangle, because, for example, we can admit, based on the polls, that there are two extremely important there has been a certain decrease and The Civic Congress is transparent in political forces that have to be taken the PSRM is on the second place now, its intentions and should be trusted. For into account when forming a majority in after the PAS, in voters’ preferences. now, the Civic Congress has no chance Parliament - For Moldova, Pro-Moldova to pass the parliamentary threshold. and the Democratic Party. The dialogue Obviously, this situation makes them It is from this position that they are with at least Pro-Moldova and For think and stops them from their move shouting loudly and clearly the idea Moldova, which contains two elements - towards early elections. The revisiting of popular protests. Because only by one Shor and another Plahotniuc - can be of this idea is based on rational muddying the waters can they succeed. carried out through mediation with the explanations and political calculations. oligarchs who are abroad. Among experts everyone shares the By creating a situation of instability opinion that the Socialists moved to and sorting it out with the Parliament In order to maintain a functional the second place now on the political and Igor Dodon - their anger does relationship, the Moldovan politicians, scene. not go equally to the Presidency and why not the Socialists, need to talk and Parliament, because they hate to those in Cyprus or Israel. There are Moscow is playing at two ends the PSRM, but are not Maia Sandu’s contacts for sure. Some coordination sympathisers either, which positions is done, but to talk about a conspiracy There are voices saying that Moscow them on the left - they hope to be able or conspiracies, I don’t think that’s the doesn’t want Igor Dodon any longer at to attract the electorate on their side. case now. the helm of the PSRM. The question is, are there leaders in the PSRM who Attempts are being made to The latest Public Opinion Barometer could replace him? If so, who could accredit the idea by the socialist (BOP) showed a big decrease for the claim this position? circles and their affiliated media that

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 Synthesis and Foreign Policy Debates 9 Maia Sandu is a new Plahotniuc who political forces. Not because she wants there is a discussion here: some say does not respect the Constitution. early elections for the sake of early that as long as there is no punishment, Where does this idea come from? elections, but because a collaboration there is no violation. However, the with corrupt political forces produces punishment would be too difficult It starts from certain reactions a total political disqualification, and for from a procedural point of view. of Sandu who behaves in a quite her that is totally unacceptable. This authoritarian way and does not take fear for “guilty contact” and “apple The American position is not at all into account the interests of other bite”, so to say, prevents Maia Sandu clear. Ambassador Dereck Hogan’s political groups, under a pretext that from entering a process that is natural recent statements are vage. The US may be valid for the right, but which for politics - discussions, negotiations ambassador’s article reveals in no way is not at all democratic. The pretext is and resolution of political issues by the idea of early elections. And not that part of the Moldovan society is consensus or compromise. Because of even Maia Sandu’s name is mentioned, deeply corrupt, vitiated and needs to this, her abstention is dangerous, but so it is a much more equivocal one. be politically removed. This is a certain we can somehow understand it as it political racism that divides society into is inspired by ideological reasons. We For example, the Democratic Party “good people”, with the right to occupy hope that it will be overcome and will has said it accepts the creation of positions and make political careers, not worsen. a parliamentary majority and the and “bad people”, who must disappear creation of a government, respecting from the political scene. In fact, the The Moscow cannons and the the “red lines”. It’s the same point of comparison with Plahotniuc is not a chessboard called Republic of view as Hogan’s. The statements of good one as Mr Plahotniuc did not have Moldova the American ambassador could show such opportunities. He was different and that a majority government is wanted. much more inclusive from this point of The American position is expressed When the tripartite negotiations view, the key element in his case was the more finely and must be decrypted. between the EU-USA-Russia money, of course. Those who accepted Somehow it cannot be interpreted in a determined Plahotniuc to relinquish the power of money joined the game univocal way. and played, and those who didn’t, left power in June 2019, Igor Dodon welcomed this intervention. Now, the scene. In the case of Maia Sandu, The Russians’ position is different. when the EU and the USA believe that her political vision has another source, We can mention a position of early elections could be the solution, it is more restrictive, and from my point “two towers” in their case: one is Dodon is launching vehement attacks, of view if it is pushed further, it will supporting Igor Dodon and that tower asking them not to interfere with become even more dangerous. is not in favour of early elections, Moldova’s domestic policy. What has while the other tower is supporting happened in the meantime? Regarding the oligarchy in the Republic parallel pro-Russian political forces we of Moldova, in general, even if Mr have talked about - Mark Tcaciuk and I have not heard statements from Plahotniuc was removed, there was a Renato Usatii. certain acceptability. Like in Romania Washington, Moscow and the EU on the need for early elections. The and Ukraine, people with money were This latter approach may encourage EU’s position, which is most often looked up with some admiration and early elections, but it is not dominant expressed by Ambassador Peter accepted. at the moment. That is why I’m saying Michalko, is more or less unequivocal, that from the geopolitical point of In Ms Sandu’s case, this hatred it is in favour of Maia Sandu and is view and the external factors, there is towards a certain part of society leaning towards early elections. This no unanimity on early elections, which is constant, irreconcilable, is without knowing, for example, the makes the positions of the Socialists uncompromising, and if pushed position of Germany, one that could stronger, creating high chances for further, it will create very big political be subsumed to the EU position or the other solution, namely creating problems. There is an expectation could be a distinct one. There are a government to be supported both from some circles that she will rumours that there are different points domestically and externally. be calmed down, following some of view in Berlin. And it is normal to discussion processes. be so, because we are talking about Thank you! respecting the principles of the rule This is explained by Maia Sandu’s of law, and Maia Sandu has clearly Mădălin Necșuțu inability to enter dialogue with other violated the Constitution here. And

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 10 Synthesis and Foreign Policy Debates If Igor Grosu is not voted, the Parliament could be dissolved and after 90 days early parliamentary elections could be organized Nicolae Osmochescu, university professor and former judge with the Constitutional Court

held until July. This is simple mathematics.

How do you see the role of the Constitutional Court today, so intensely addressed to mediate conflicts between the state institutions? What do you think about it and is it normal for the CC to be addressed that often?

This demonstrates one fundamental thing. The main institutions and the main decision-makers are afraid of making correct, real, but tough decisions. And then the game of he former judge of the Of course. Mr Grosu has already addressing the Constitutional Court TConstitutional Court (CC), been appointed and he has now 15 begins – they are asked to provide Nicolae Osmochescu, told us in an days to come up with the nominal their interpretation and opinion. interview about the legal resources composition of the government However, the Constitution stipulates behind the current political crisis team and the governing programme. very clearly the relationship and what could happen after He has to present this programme between the main branches Maia Sandu appointed the interim and ask for the confidence vote. of power - the Legislature, the president of PAS, Igor Grosu as From a procedural point of view, Executive and the Judiciary. We candidate for prime minisetr. We if he gets the confidence vote, he should analyse very clearly the are inviting you to read about will take the oath and function as a powers of these three branches the interesting procedural details plenipotentiary government. If he of power and decision-makers: provided by the former judge of the does not get the confidence vote, Parliament, the Prime Minister and Constitutional Court: all conditions for the dissolution of the President. Parliament will be met. These would After the appointment of Igor be the two possible scenarios. It remains for these constitutional Grosu as candidate for Prime rules to be applied correctly and Minister by President Maia Sandu, If Mr Grosu is not voted, early not for politicians to try to diminish and in case he is not voted, will elections will be held after 90 days their value through different there be prerequisites for early since the dissolution of parliament. interpretations based on their own parliamentary elections? Thus, no early elections can be interests. They must be interpreted

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 Synthesis and Foreign Policy Debates 11 in the light of the public interest, how the actions of the current I think this was a predictable and not the party’s ones. President Maia Sandu are decision, but not entirely correct. Because of this, they address the interpreted, I would like to remind The constitutional norm is clear Constitutional Court on any tiny you of the actions and steps taken in this respect - the President, issue that the politicians either do by the former presidents. after consulting the factions, shall not know how to solve or do not propose the candidacy for Prime want to solve. And it is not natural Starting with Lucinschi, and later Minister. for the Constitutional Court to Voronin, they have loudly declared interpret practically all the articles that Moldova is a parliamentary It is an international practice that countless times, especially the republic and that we will when a parliamentary faction basic articles of the Constitution. strengthen the Parliament in all holds a parliamentary majority, aspects. In reality, however, it was that unconditionally allows for Do you also observe pressures super-presidential, because they the prime minister to be voted, ie from political actors on the controlled everything that moved. it has 50 + 1 votes, the president Constitutional Court? In my opinion, the most correct is confident that the proposed in the relations with the state candidate for the prime minister There has always been pressure institutions, although not always will have political support. and that was very clear. However, neutral, was the president Nicolae However, the president, based the pressure was in the form of Timofti, who strictly followed the on the spirit of the Constitution opinions, so to speak, informal constitutional norms. As a lawyer, and this is the case of not only pressure, such as criticism, and he had a deep knowledge of law, our country, but of the whole so on. Because pressing the including the constitutional law. He democratic world, has the Constitutional Court through was the first lawyer by profession discretionary right to propose official mechanisms is not possible, to become head of state. a candidate that he/she trusts they are illegal. However, attempts and with whom he/she will work have been made to influence After Timofti, Mr Dodon came constructively. it. Moreover, its selection, the as president, whose opinion has appointment of judges is made changed seven times a week. Whether we like it or not, even on political grounds. It is the He wanted to install a vertical if it is not stipulated in the politicians who decide in the of power with the president constitution, the President is part end. Two judges of the Court are as supreme player. And now of the Executive and not of the elected by Parliament, two by he is saying that the Republic Legislature or the judiciary. the Government and two by the of Moldova is a parliamentary judiciary. And whether we like it or republic. These last two months have shown not, the political influence is felt. that President Maia Sandu is At present, Ms Maia Sandu is also consulting with civil society, There is this opinion in the strictly fulfilling her competencies although some have even accused public space that Maia Sandu and attributions. She does not her of abusing the consultations was abusive in relation to the dictate, but she requests or with civil society and so on, but rulings of the Constitutional recommends. In her position, she this is not the case. Court and that she would remind must act as coordinator and arbiter us of how the Constitutional between the branches of power. Thank you very much! Court functioned in Plahotniuc’s times. Do you agree with such How do you assess the ruling Madalin Necsutu statements? of the Constitutional Court from February 23rd regarding the I strongly disagree with such repeated appointment of Natalia statements, because no matter Gavrilita as Prime Minister?

It’s already been a year since the Between cynicism and appearance of the “zero patient” in incapacity the Republic of Moldova. A woman then flew from Italy to Moldova and In the end, all these machinations became - as they would stigmatize did not help Igor Dodon to win in the official statistics all the others the elections. He sadly lost the who returned to the country from presidential race, but not before abroad - the first “import case”. making one last inconvenience to It happened on March 7th, when those who were to come. In short, her name, including her personal this is about leaving a “difficult data, was uttered on television by legacy” to his successors in case the then president Igor Dodon. of early elections. The political The citizens were then divided and economic analysts have called into “imported” and “domestic” it “nuclear budget”. Igor Dodon cases, and the messages that those and his former councillor and who went abroad would do well Madalin Necsutu, Balkan Insight prime minister, Ion Chicu, have to stay where so that they don’t correspondent, adopted the “tactic of the budget bring the disease to Moldova, were and G4Media to Chisinau purge”. They left no money in the ubiquitous. state treasury. Many have accused them of a premeditated tactic as Meanwhile, Moldova has slipped from one crisis to the in the case of Louis XV - “after us, the deluge.” other over the last year. Concerned with supporting the presidential candidate Igor Dodon, the authorities Cynically, once again, all these manoeuvres and have treated the pandemic as a seasonal phenomenon political calculations have been put on the citizens’ that should go away on its own. Although the civilized shoulders. Even though everyone was already world was already signing pre-contracts on vaccines starting to vaccinate their citizens at the beginning that were soon being made in all the laboratories of of 2021, there was no prospect of vaccine in the the world, Moldova was sinking into the slump of daily Moldovan hospitals, because in the last year, neither worries for the presidential elections. Igor Dodon nor Ion Chicu cared about this vital aspect. Politics was above all. Then came the game of everything or nothing together with the official approach of the September 2020 The imagological election campaign. Black PR teams closely linked to the Kremlin and Russian secret services were imported war of vaccines from Moscow, and propaganda machines and media mercenaries were put into operation. The cannon In 2021, the political crisis has continued to overlap mouths were ready to fire the opponents. Moldova with the health crisis and vice versa in all sorts of was preparing then not for a pandemic war, but for a sinusoidal seizures. In recent months, the transfer domestic political one. of geopolitical disputes has shifted to the vaccines.

The theme “West versus Russia” has also been perspective of future parliamentary elections. On transposed into domestic politics. Dodon has lobbied the other hand, Maia Sandu did not give up the idea for the Russian Sputnik V vaccine, without any help of early elections and went on with a second “losing from Moscow in this regard, while Maia Sandu candidate” for prime minister in the person of the relied on the aid provided by Romania and the EU. former party colleague, Igor Grosu. He said the early Romania sent the first 21,600 doses of vaccines, elections will take place somewhere in the summer, while the EU and the USA sent their 14,400-vaccine after the pandemic situation stabilizes. Instead, the aid through the international platform COVAX. Socialists see the organisation of early elections in Instead, for almost a month, the promised 200- autumn, after the crisis will have eroded politically 300,000 doses of the Russian Sputnik V vaccine have Maia Sandu or after their provisional government not appeared in Chisinau. will have solved part of the pandemic crisis through a massive vaccination campaign. Alarming numbers of infections and political stutters on the rise What is certain though is that the political nebula in Chisinau will probably continue with a new episode Instead, more than 210,000 Moldovans have already at the Constitutional Court, after March 23rd, when contracted COVID-19. And that’s only the official the provisional mandate of Aureliu Ciocoi at the number. More than 4,400 people have lost their lives head of the government expires. In fact, Igor Dodon and the number is continuously going up. In addition has also declared that Igor Grosu will not receive the to the health factor, those who have run the country necessary votes and that the Socialists will come up in the last year are responsible for this situation. with their own candidate. Dodon has denounced recently the “cynicism” of the politicians who should deal with the pandemic crisis, As the health crisis is going from bad to worse in which sounds at least strange. Moldova, it is difficult to believe that anyone will succeed in gaining political dividends. Even at the The interim prime minister Aureliu Ciocoi and the eleventh hour, the Socialists don’t seem to be Parliament found 70 million MDL for vaccines. reducing the engines, and neither are Maia Sandu However, it was not until March 18th that they have nor PAS going to do so. That who blinks the first, started the vaccine procurement process. may lose this battle for power. In the event of early elections, the Socialists may go into opposition Meanwhile, at the Medicines Agency, controlled by again. Instead, Maia Sandu, with all the levers of the Socialists, a mega-business with private interests power in hand - Presidency, majority in Parliament and an exclusive contract are looming. Both for the and Government – may have the unique chance to Russian vaccine Sputnik V. The political analysts are get the Republic of Moldova out of this slump from looking with much concern at this issue, suspecting the last 30 years of Moldova’s existence and bring it a new onerous business with public money and even to full speed on the path of European reforms. citizens’ lives. Until then, whoever will manage better the health The pandemic spares no one, from ordinary crisis in a practical and imagological way and carry peasants to country personalities. Even Prime out a fast and efficient vaccination campaign will Minister Ion Chicu has been in intensive care with start from the pole-position in the race for the early COVID-19, but after recovering he announced parliamentary elections looming more and more he is ready to create a spoiler party on the right- clearly on the horizon. wing, ready to steal votes on this segment in the

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 14 Synthesis and Foreign Policy Debates Expert opinion After more than 25 years of constitutional development, the Moldovan political system has reached an institutional deadlock

aia Sandu’s election as President of the Republic of Moldova with an Munprecedented number of votes has caused a high-level institutional conflict between the Presidential institution and Parliament. This conflict between the two institutions has been caused by two aspects: on the one hand, the conflict (discrepancy) between political legitimacy and constitutional legality, and on the other hand, the dispute over the power of appointing the candidacy of the Prime Minister.

Ion Tabarta, political analyst, Institute for Development and Social Initiative “Viitorul”

The legal context of the political referred to the repeal of Article 83 stalemate - the discrepancy of the Constitution, which provided between legitimacy and legality that the President of the Republic of Moldova had the right to participate in When the Constitution was adopted on government meetings, chairing those 29 July 1994, it was decided that the he/she participates in, and to consult the regarding the investiture of a new form of government in the Republic of Cabinet of Ministers on issues of urgency cabinet of ministers, the Constitutional Moldova should be semi-presidential or of special importance. Court issued a ruling according to which, (mixed), according to which the in case of establishing an absolute executive power was divided between However, certain constitutional parliamentary majority, the President of the Presidency and the Government. provisions specific to a semi-presidential the Republic of Moldova nominates the The institutional conflicts between the republic have been retained by the head candidate supported by that majority. Presidency and the Parliament over of state, among which the appointment The Court has motivated its ruling on the the control of the government has of the candidate for the Prime Minister. basis of two elements: 1) the status of led to the constitutional amendments In accordance with Article 98, paragraph the head of state is inferior to the status from 5 July 2000, according to which (1) of the Constitution, the President of the parliament, because the president the powers of the head of state have of the Republic of Moldova, after of the country is elected indirectly, been reduced. The essence of the 2000 consulting the parliamentary factions, while the parliament directly; 2) the constitutional amendments - after appoints a candidate for the position of President of the Republic of Moldova Moldova has become a parliamentary Prime Minister. Nowhere in the text of is the emanation of the parliamentary republic - referred to the manner of the Constitution it is stipulated that the majority, which does not allow him/her electing the head of state (art. 78), from head of state is obliged to nominate a to ignore the possible establishment of directly by the people to indirectly by candidate approved and accepted by the an absolute majority in the legislature. the parliament. parliamentary majority. It should be noted that this controversial The election of the head of state by Until the end of 2015, there were no ruling of the Constitutional Court was the parliament was a key factor in problems between the Presidency issued in a concrete political context for diminishing the legitimacy of the and the Parliament in the procedure a certain person - Vladimir Plahotniuc - Presidency in relation to Parliament. of appointing the candidacy for the to be appointed as candidate for Prime Another important constitutional Prime Minister. On 29 December 2015, Minister. Despite all this controversy, amendment made in July 2000 in the conditions of the political crisis the ruling of the Constitutional Court

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 Synthesis and Foreign Policy Debates 15 from 29 December 2015 was a logical This situation has been caused by the factions, after which, at the next stage, decision in the direction of increasingly politically influenced conjunctural he/she appoints the candidate for the transforming the Republic of Moldova rulings of the Constitutional Court, Prime Minister. into a state with a form of government which produced a discrepancy between characteristic of a classical parliamentary political legitimacy and constitutional During the consultations with the head republic. However, totally contrary legality. of state on 28 December 2020, all to the logic of the ruling from 29 parliamentary factions spoke in favour of December 2015, the Constitutional Procedural and political early parliamentary elections (except for Court, on 4 March 2016, issued another disputes on the issue of early the “Shor” Party, which spoke in favour ruling by which, invoking procedural was for inauguration of a government), violations, declared unconstitutional parliamentary elections without nominating a candidate the amendment made to art. 78 of According to the Constitution of the for the prime minister. Following the Constitution on 5 July 2000, thus Republic of Moldova, the Parliament these consultations, the presidency, returning to the initial way of electing can be dissolved under two legal supported by the PAS, did not develop the head of state – through the citizens’ conditions - non-functional parliament a well-established strategy that would direct vote. for 3 months (art. 85 para. (1)) and the lead to the proposed goal - early impossibility of forming the government parliamentary elections. Initially, the The ruling of the Constitutional Court under the following conditions: 1) over Parliament self-dissolution scenario was from 4 March 2016 meant a “sudden a period of 3 months (art. .85 para. (1)) followed. The PAS deputies addressed return” to a semi-presidential republic. and 2) within 45 days since the first the Constitutional Court in order to At the same time, this decision request of the candidate and only after clarify the possibility of dissolving the cancelled the main arguments of the the rejection of at least two investiture parliament through adoption by the Constitutional Court from 29 December requests (art.85 para. (2)). parliament of a decision in this respect 2015, by which the head of state was with a qualified majority of two thirds of obliged to appoint the candidate of However, in practice, within the the votes. the parliamentary majority as Prime constitutional limits of this article, it is Minister. very difficult to reach the dissolution The answer of the Constitutional Court of Parliament and organization of early was that the Parliament can be dissolved The Court’s ruling from 4 March 2016 elections. In order for a legislature to only under the conditions set by art.85 returned to the recognition of the cease to function prematurely, it must of the Constitution. As a result, President legitimacy of the head of state and its be very dispersed, impossible to form Maia Sandu appointed Natalia Gavrilita equalization with the legitimacy of the certain majorities or, on the contrary, as prime minister. The constitutional parliament. Together with the return have a consensus of the parliamentary framework of the Republic of Moldova to the direct election of the head of majority that must simulate the created a paradoxical situation in the state, it was logical for the President investiture procedure of a new Moldovan parliament on February 11th. to be “given back” his/her duties “cut” government. The candidate for prime minister asked on 5 July 2000 and 29 December 2015, the deputies not to vote for her in order which the Constitutional Court did not In the political and legal conditions for to pave the way for early parliamentary do, also for political reasons. Moreover, the government formation, the actions elections. the Constitutional Court ruled on of the head of state become proactive in 17 October 2017, that the President determining the evolution of the political During the debates in the plenary of the Republic of Moldova may be stages, which can lead either to the regarding the investiture of Gavrilita, temporarily suspended, establishing an election of a new cabinet of ministers the president of the Socialists, Igor interim position allowing the Speaker or to the meeting of conditions for the Dodon, wanting to prove to the head of Parliament or the Prime Minister to parliament dissolution. of state that the real political power temporarily exercise the constitutional in the Republic of Moldova belongs duties of the Head of State. In accordance with the constitutional to the Parliament led by the PSRM, provisions (art. 98 para. (1), but also with has announced the existence of a At this moment, after more than 25 the rulings of the Constitution Court candidacy for prime minister (Mariana years of legal development, it is obvious from 29.12.2015 and 06.08.2020, at the Durleșteanu) supported by 54 deputies. that the Moldovan political system first stage the president should hold It should be mentioned here that after has entered an institutional deadlock. consultations with the parliamentary the presidential elections it became

Monthly newsletter, No.3 (181), March 2021 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 Website: fes-moldova.org. E-mail:[email protected] MARCH 2021 16 Synthesis and Foreign Policy Debates clear that, in reality, most parliamentary Sandu stated that she would follow the Sandu has followed the constitutional parties do not want early parliamentary scenario of either early parliamentary procedures regarding the consultation elections. elections or the presidential of parliamentary factions and the impeachment referendum. This appointment of the candidate for the In reply, President Maia Sandu did not uncompromising approach of President position of Prime Minister. accept the candidacy proposed by Sandu with regard to appointment of a the Dodon-Șor-Plahotniuc triumvirate new candidate for the prime minister Conclusions (which gathered the signatures of the 54 has stirred a wave of harsh criticism from deputies) and on the same day she has other political parties, the president At the beginning of 2021, an almost repeatedly nominated Natalia Gavrilita being accused of premeditated violation total political and legal uncertainty was as candidate for the position of prime of the Constitution. At the same time, created in the Republic of Moldova minister. In turn, the Socialists have the parliamentary factions have stated with regard to the establishment of a challenged President Sandu’s decree that they will not initiate the president government and early parliamentary with the Constitutional Court on the impeachment procedure. elections. grounds that the president’s actions are unconstitutional. On February rd23 , Subsequently, after consultations with For the time being, there is no the Court ruled the presidential decree various groups of society, President predictability regarding the outcome of unconstitutional, thus returning the Sandu reconsidered her decision to this blockade, the certainty being only political-legal situation to that from wait until March 23rd without taking one - the political actors will continue February 11th, when Gavrilita’s candidacy any further action regarding the addressing the Constitutional Court was not voted in the Parliament. appointment of a candidate for the post in order to resolve this complicated of Prime Minister. political and legal situation. Following the ruling of the Constitutional Court from February 23rd, there has On March 16th, after a new round The Moldovan political system has been a political suspense for several of consultations with parliamentary reached this situation due to the weeks as President Maia Sandu said she factions, the President of the Republic political actors who have changed would no longer appoint a candidate of Moldova nominated Igor Grosu as the Constitution out of circumstantial for the prime minister and would wait a candidate for prime minister. Unlike opportunism, depending on the political until March 23rd, when it will be three the decree on repeated appointment context, and the Constitutional Court months since the resignation of the of Gavrilita, the decree on Grosu’s of the Republic of Moldova has been Chicu government, after which she will appointment is perfectly constitutional, involved in political games, issuing address the Constitutional Court with because during the president’s rulings in accordance with the interests the notification regarding the possibility consultations with the parliamentary of political forces in power. of issuing the decree for the dissolution factions, the candidate of the Once this crisis is overcome, there is of the Parliament. formalized parliamentary Durlesteanu need for an impartial constitutional has announced the withdrawal of her resetting of the political system in order Earlier, at the time of Natalia Gavrilita’s candidacy for the position of prime not to perpetuate such institutional repeated appointment, President minister. At the same time, President deadlocks in the future.

The opinions expressed in the newsletter are not necessarily those of the Friedrich-Ebert-Stiftung (FES) or of the Foreign Policy Association (APE).

Foreign Policy Association (APE) is a non-governmental organization committed to supporting the integration of the Republic of Moldova into the European Union and facilitating the settlement of the Transnistrian conflict in the context of the country Europeanization. APE was established in fall 2003 by a group of well-known experts, public personalities and former senior officials and diplomats, all of them reunited by their commitment to contribute with their expertise and experience to formulating and promoting by the Republic of Moldova of a coherent, credible and efficient foreign policy.

Friedrich-Ebert-Stiftung (FES) is a German social democratic political foundation, whose purpose is to promote the principles and foundations of democracy, peace, international understanding and cooperation. FES fulfils its mandate in the spirit of social democracy, dedicating itself to the public debate and finding in a transparent manner,

social democratic solutions to current and future problems of the society. Friedrich-Ebert-StiftungMonthly newsletter, hasNo.3 (181), been March active 2021 in 111 Bucuresti St., Chisinau, MD-2012, Republic of Moldova, Tel. +373 855830 the Republic of Moldova since October 2002. Website: fes-moldova.org. E-mail:[email protected]