End of Term of Central Electoral Commission Members

(1) The term of a Commission member shall be terminated under the following circumstances: 

a) expiry of term;

b) resignation;

c) dismissal;

d) failure to fulfil the duties;

e) decease.

(2) A member of the Central Electoral Commission is dismissed by the authority that designated him/her in the following cases:

a) approval by a Court of a final decision of conviction of the member for a committed offence;

b) loss of Moldovan citizenship;

c) the application of a judicial protection measure in the form of custody;

d) severe violation of the Constitution of the Republic of Moldova and of this Code;

e) final decision establishing the involvement of a member in the issuance/approval of an administrative act, direct conclusion of a legal act or through a third party, taking or participating in taking a decision infringing the legal provisions on the conflict of interest;

f) incompatibility status confirmed by a final decision establishing such status;

g) failure to submit the wealth and personal interest statement or refusal to submit such statement as per Article 27 (8) of Law No.132 of 17 June 2016 on the National Integrity Authority;

h) order issued by Court, through irrevocable decision, to seize the unjustified wealth.

(3) In case of infringing the conditions referred to in Article 19(2) and when committing acts incompatible with the position held, the Central Electoral Commission members may be dismissed. The notification on the failure to fulfil the conditions of Article 19 (2) or on committing actions that are not compatible with the position held shall be lodged with the authority that has appointed or confirmed the Commission members.

(4) Documents on dismissal shall be submitted to the Court of Appeal Chisinau by the authority that nominated the respective member to the Central Electoral Commission, as well as by the Commission members.

(4.1) In term of 3 days after the Decision of the Court of Appeal Chisinau was pronounced, an appeal may be lodged.

(5) Following a Court decision on dismissal of a Central Electoral Commission member and/or on the termination of Central Electoral Commission membership prior to the expiration of the term of office, within ten days thereof, the appropriate body shall nominate and the Parliament shall approve a new member to serve for the remaining term of office.