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 66
 

The judgement of the Constitutional Court deals specifically with Article 69 in cases where MPs neglect or are unable to perform their duties as such. The grounds for revocation of a mandate given in Article 177(3) of the proposed draft go beyond the scope of situations of neglect and non-performance of parliamentary obligations. This provision explicitly allows for the revocation of mandate for not observing the interests of the community in the constituency, which implies a general power of recall of the representative for the citizens in the constituency. This understanding is further evidenced by the fact that unlike the grounds for the cessation of mandate in Article 69 of the Constitution and in the said judgement of the Constitutional Court, the recall of a mandate, according to Article 177 (3) of the proposed draft, is not decided by the Parliament, but the citizens in the representative’s constituency through a referendum.