Home > 4.1 Parliamentary elections > MOLDOVA - Joint Opinion on the Draft Laws on Amending and Completing Certain Legislative Acts (Electoral System for the Election of the Parliament)
 
 
 
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Paragraph 64
 

In its judgement on Complaint No 8(b) 2012, at para. 34 et seq, the Constitutional Court stated that the parliamentary mandate in Moldova is, as a matter of Moldovan constitutional law and theory, a representative one on behalf of the whole nation.


34. In the Court’s view, the parliamentary mandate expresses the relationship of the lawmaker with the whole nation, in the service of which it is found, not only with the electorate that voted for him/her, though they benefit from the parliamentarian’s presence by virtue of his/her obligation to keep in touch with the voters. Thus, the phrase “being in the service of the people” from Article 68 (1) of the Constitution means that, at the time of the election and until the end of the mandate, each Member becomes the representative of the people in its entirety and has as mission to serve the common interest, that of the people, and not just the parties to which one belongs to. In exercising his/her mandate, the parliamentarian shall be subject to only the Constitution, the laws and shall adopt attitudes which, according to his/her conscience, serve the public welfare.