Moldova: judgment no. 5 of the Constitutional Court of 2 March 2016 on the interpretation of the Article 106/1 para. 1 of the Constitution of the Republic of Moldova (assumption of the government's responsibility for an act)

One of the mechanisms of strengthening the government in the legislative process in Moldova is contained in Article 106/1 para. 1 of the Constitution of the Republic of Moldova. In accordance therewith, the government may assume responsibility before the parliament for the realization of a specific program, policy direction or the demand for a bill to be passed. The government is recalled if a motion for a vote of no confidence, submitted within three days from the presentation of the program, a general policy direction or a bill, is passed according to the procedure specified in Article 106 of the Constitution. If the government is not recalled, the submitted bill is considered accepted, and the program of general policy direction becomes binding for the government. A constitutional problem arose against the discussed provision, related to the possibility of the simultaneous assumption of responsibility by the government for several bills, if it is justified with the need for urgent proceedings. In its judgment no. 5 of 2 March 2016, the Constitutional Court decided that the government may assume responsibility for several bills, however, this shall be considered an exceptional case, justified with the urgent need or necessity to introduce solutions contained in those bills; moreover, the legislative acts must refer to the same matter. In this case the President of Moldova may not exercise his right to return the bill to the parliament for reconsideration. He may, however, refer it to the Constitutional Court to examine its conformity to the Constitution.