THE STATUS AND POWERS OF THE PRESIDENT
OF THE REPUBLIC OF MOLDOVA

According to the Constitution of the Republic of Moldova, adopted on 29 July 1994 (came into force on 27 August 1994) with the modifications effectuated on 5 July 2000, the President of the Republic of Moldova has the following status and attributions:

Article 77.

The President of the Republic of Moldova - the Head of the State

The President of the Republic of Moldova represents the State and is the guarantor of sovereignty, of the national independence, of the unity and territorial integrity of the nation. From this point of view, the President is invested with several attributions, the main of them being: a) the function of representation and b) the function of guarantor. In this context, the determinant "head of state" designates the person who, is appointed to represent at the highest level the state, personifying the entire nation and territory of the country.

The President of the Republic of Moldova is elected by the Parliament by secret vote. (Article 78-par.(1) of the Constitution), the procedure of election of the President is established by law. Although the supreme legislative forum elects the President of the republic, this is a democratic system, inasmuch as the parliamentary majority, which has elected the head of the state, expresses the wish of the people, proved at parliamentary elections.

Article 79.

Mandate Validation and Taking of the Oath

(1) The Constitutional Court will validate the results of the presidential election.
(2) Within 45 days from the date when elections were completed the successful presidential candidate shall take the following oath before Parliament and the Constitutional Court:

"I solemnly swear to devote all my personal strength and abilities to the advancement and prosperity of the Republic of Moldova, to always abide by the Constitution and the laws of the country, to defend democracy, the fundamental rights and freedoms of the man, and the sovereignty, independence, unity and territorial integrity of Moldova."

Article 80.

Term of Office

The President of the Republic of Moldova takes office on the oath-taking day and his term has duration of 4 years. The President of the Republic of Moldova exercises his mandate until the next President is sworn in. Organic law may prolong the mandate of the President of the Republic of Moldova in the event of war or catastrophe. No person can fulfil with the function of the President of the Republic of Moldova but for the more two consecutive mandates.

Article 81.

Incompatibilities and Immunities

The office of the President of the Republic of Moldova is incompatible with holding another remunerated position. The President of the Republic of Moldova will enjoy immunity from civil action for any personal opinions expressed while in the execution of his mandate. Based on the majority of at least two thirds of the votes cast by its members, Parliament may decide to indict the President of the Republic of Moldova if the latter commits an offence. In such a case it is the Supreme Court of Justice which has the competence to sue under the rule of law, and the President will be removed from office on the very day that the court sentence convicting him has been passed as definitive.

Article 84.

Messages

The President of the Republic of Moldova can take part in Parliament's proceedings and debates. The President of the Republic of Moldova will address Parliament messages concerning the main issues of national interest.

Article 85.

Dissolution of Parliament

In cases where impossibility has been reached to form the Government or a situation has been encountered whereby the passing of new legislation has been deadlocked for 3 consecutive months, the President of the Republic of Moldova, on consultations with parliamentary groups, may dissolve Parliament. If within 45 days from a first presidential request for a vote of confidence to form a new government a second such request been also rejected by Parliament, the President may dissolve the Parliament.

Concomitantly with these possibilities, there are certain restrictions over the dissolution of Parliament. Thus, the Parliament may be dissolved only once in the course of a year. The Parliament may not be dissolved either during the President's last 6 months of office, except for the case provided in the art.78 p.(5), (If after the repeated elections the President of the Republic of Moldova is not elected, the President in the exercise dissolves the Parliament and establishes the date of the elections in the new Parliament.) or during a state of emergency martial law or war.

Article 86.

Powers Regarding Foreign Policy

The President of the Republic of Moldova, who personifies the state, is empowered to represent it in the relations with other states, at the highest level, exerts its function of official representative of the state in collaboration with the Parliament and the Government and has, according to the provisions of the art. 86 of the Constitution, the following attributions in the domain of foreign policy:

• to enter official discussions, take part in negotiations, conclude in the name of the Republic of Moldova the international treaties resulting therefrom, and submit those treaties to Parliament for ratification.
• on specific proposals submitted to him by Government, the President of the Republic of Moldova can accredit and revoke the Republic of Moldova's diplomatic representatives, as well as approve the establishment, disestablishment, and ranking of diplomatic missions abroad.
• receives letters of accreditation or revocation of foreign diplomatic envoys to Moldova.

Article 87.

Powers Regarding National Defence

The President of the Republic of Moldova is the Commander-in-chief of the armed forces. On prior approval from Parliament, the President of the Republic of Moldova can declare partial or general mobilisation of armed forces. In the event of armed aggression against the country, the President of the Republic of Moldova takes the steps required to repel aggression, and to declare a state of war, and informs Parliament without delay on the situation. If Parliament is not in session, the President convenes by right the Parliament within 24 hours from the time when the aggression was launched. In order to ensure national security and public order the President of the Republic of Moldova can under the rule of law also take other steps. The President of the Republic of Moldova is personally responsible for the security of the state. The juridical structure for the establishment and activity of the organs that assure the security of the state is created by the Parliament, and the organisation of the organs of state security, establishment of the structure, functions and their subsidising are of Government’s competence. The president has reserved the right to establish and administrate, according to the legislation, consultative organs for the problems of assuring the state’s security (Supreme Security Council – art.6 of the Law regarding the defence).

Article 88.

Other Powers

According to the art.88 of the Constitution, the President of the Republic of Moldova is also empowered to: award medals and titles of honour; award such supreme military ranks as provided for by the law (retrogrades and reestablishes in these ranks - art.5 of the Law regarding the defense); find solutions to problems concerning the rights of citizenship of the Republic of Moldova and grant political asylum; appoint public officials under the law; grant individual pardon or amnesty; request the citizens of the Republic of Moldova to express their will by way of referendum on matters of national interest; award diplomatic ranks; award higher ranks to officials holding positions with Magistrates' Courts and Civil Courts, and to other civil servants the law; suspend those Acts of Government that run against existing legislation until a final decision has been passed by the Constitutional Court; exercise other powers as foreseen by the law.

Article 89.

Suspension from Office

In the event where the President of the Republic of Moldova commits grave offences infringing upon constitutional provisions, he may be suspended from office by Parliament if a two-thirds of the members cast their votes in support of suspension. The motion requesting the suspension from office may be initiated by at least one third of the members, and it must be brought to the knowledge of the President without delay. The President may give explanations on the actions for which he is being censured before Parliament.

Article 90.

Vacancy of Office

The office of the President of the Republic of Moldova may become vacant in consequence of expiry of the presidential mandate of resignation from office, removal from office, definite impossibility of executing his duties, or death. The request to remove the President of the Republic of Moldova from office win be brought forward in Parliament, which win pas a decision on that request. Impossibility of exertion of the attributions more than 60 days by the President of the Republic of Moldova is confirmed by the Constitutional Court within 30 days from notification. Within 2 months from the date of the occurring of the vacancy of the function of the President of the Republic of Moldova, in accordance with the law, will be organised, elections for a new President.

Article 91.

Interim Office

When the office of the President of the Republic of Moldova becomes vacant or the President has been suspended from office, or finds himself in the temporary impossibility of discharging his duties, the responsibility of the office shall devolve ad interim on the President of Parliament or the Prime Minister, in that priority order.

Article 92.

Responsibility of Interim President

Should the person acting as interim President of the Republic of Moldova commit grave offences infringing upon constitutional provisions article 89 paragraph (1) and article 91 will apply.

Article 93.

Promulgation of Laws

The President of the Republic of Moldova promulgates the laws and has the right, whenever he objects against a given law, to submit it within at most two weeks to Parliament for reexamination. Should Parliament stick to its previously passed decision, then the President must promulgate the law.

Article 94.

Presidential Acts

In the exercise of his powers the President of the Republic of Moldova issues decrees whose execution is compulsory throughout the entire territory of the state. These decrees shall be published in the "Monitorul Oficial" of the Republic of Moldova.

Those decrees issued by the President that fall under the provisions of article 86 paragraph (2) , article 87 paragraphs (2) , (3) and (4) must be countersigned by the Prime Minister also.

Article 95.

Budget of Presidential Institution. Compensation and Other Rights

The budget of the presidential institution shall be submitted to Parliament for approval and shall be included in the budget. The law will determine the level of compensation and the other rights the President is entitled to.

Article 98.

Investiture

After a consultation with the parliamentary fractions, the President of the Republic of Moldova designates a candidate for the office of Prime Minister. Based on the vote of confidence granted by the Parliament, the President of the Republic of Moldova appoints the Government.

In case of governmental reshuffling or of function vacancy, the President of the Republic of Moldova revokes and appoints at Prime Minister's proposal, some members of the Government. If appointed, the candidate for the office of the Prime Minister is free to elaborate his work programme and the entire list of Government members.

Article 101.

The Prime Minister

The article 101 paragraph (2) of the Constitution confers the President of the Republic of Moldova the right to designate another member of the Government as interim Prime Minister in case of impossibility of the Prime Minister of discharging his duties or in case of his death until the formation of a new Government.

The Constitution confers the President of the republic, as well, with other attributions, as: the convocation of the new elected Parliament within the most 30 days from the elections (art.63 par. (2)); the right to legislative initiative (art. 73); appointment in function, except for the members of the Supreme Court of Justice, of the judges of judicial instances, at the proposal of the Higher Magistrate's Council (art.116 par. (2)).