Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 91
 

The amended Article 70 par 3 further provides that “[t]he decision of the faction shall be in the form of resolution of the faction and shall be signed by each faction member who voted for the withdrawal”. In practical terms, this formal procedural requirement may render it more difficult for a faction to withdraw from the majority/coalition; it may also effectively put pressure on the deputies from the faction seeking withdrawal from the coalition, and induce them to vote against the withdrawal, thereby de facto weakening the independence of deputies from their faction. While this would not necessarily imply an imperative mandate per se (which is also forbidden by Article 73 par 1 of the Constitution), it would nevertheless come close to a “party-administered model” in the form of a party whip. The legal drafters should therefore analyse the potential impact of such an amendment, and see whether this is in fact required given the national context.