TĂNASE v. MOLDOVA JUDGMENT
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62. The Communist Party subsequently sought to elect a president of the
Republic. However, on two separate occasions they failed to obtain the 61
Parliamentary votes required for the election of the president. Accordingly,
on 15 June 2009, Parliament was dissolved. Fresh parliamentary elections
were called for 29 July 2009.
63. Prior to the dissolution of Parliament, it once again amended the
electoral legislation, lowering the electoral threshold from 6% to 5% and
lowering the mandatory rate of participation from 51% to one-third of
registered voters. The opposition expressed concern about the amendments,
arguing that they were intended to help the Christian Democratic People’s
Party, an ally of the Communist Party in the previous Parliament, clear the
electoral threshold and enter Parliament.
64. In the meantime, a prominent figure from the Communist Party and
Speaker of the previous Parliament, Mr Marian Lupu, quit the Communist
Party and became the leader of a small party, the Democratic Party, which
had not cleared the electoral threshold in the April 2009 elections.
65. In the elections of 29 July 2009, five parties cleared the electoral
threshold: the Communist Party obtained 48 seats; the Liberal Democratic
Party obtained 18 seats; the Liberal Party obtained 15 seats; the Democratic
Party obtained 13 seats; and the Our Moldova Alliance obtained 7 seats.
The latter four parties formed a coalition called the Alliance for European
Integration. The coalition had 53 seats in total and thus a majority in
Parliament.
66. The applicant was re-elected. His mandate was subsequently
confirmed by the Constitutional Court, upon production of the documents
showing that he had initiated a procedure to renounce his Romanian
nationality (see paragraph 60 above).
67. The majority elected Mr Mihai Ghimpu as Speaker on 28 August
2009. On 11 September 2009 the President of Moldova, Mr Vladimir
Voronin, resigned. Under the Moldovan Constitution, Mr Ghimpu, in his
capacity as Speaker, assumed the role of acting President until the election
of a president in due course.
68. Since 25 September 2009 Moldova has been governed by the
Alliance for European Integration coalition. On that date, Mr Vlad Filat was
formally appointed Prime Minister and a number of ministers were also
formally appointed. The applicant was appointed Minister of Justice. Under
Moldovan law, the applicant will retain his mandate as an MP for six
months following his appointment as Minister.
69. On 10 November 2009 Parliament made a first attempt to elect
Mr Marian Lupu as President. Mr Lupu was not elected as the required
61 votes in favour were not obtained. The Communist Party refused to
participate in the vote. A second attempt to elect a president was made on
7 December 2009. Again, the attempt was unsuccessful as a result of the
failure to obtain the 61 votes required.