Christian Democratic People’s Party statement on the Constitutional Referendum

CDPP considers that during the last year the escalation of the conflict between the governing Liberals and the Communist opposition has deepened the political crisis. It got worse as a result of the insistence of both the Communists and the Liberal coalition to promote their own candidates for President of the country in order to take the entire control over the state power at any price. Thus, both Liberals and Communists have shown political selfishness, inability to dialogue and unwillingness to find reasonable compromises. Constitutional reform has been compromised. Society is divided in two warring camps. Political crisis deepens the social and economic crisis and has rather serious consequences.Moldova needs stability, responsible state men and balanced political forces. But, as the party interests of both sides prevail over the national ones, the decision to call for a referendum is a wrong one. The Constitutional Referendum is not a solution to overcome the crisis. After new presidential elections, regardless of who is going to win, the causes of the conflict will not be eliminated. Conversely, the political crisis may further worsen.

The Constitution adopted on July 29, 1994 provided the presidential elections by the entire people. But, unfortunately, from the outset the Basic Law had granted too large competences to the Head of State, including the right to form the Government, while the Parliament had only a decorative role in that process. On July 5, 2000 the Constitution was amended in favor of a parliamentary system. However, it was just a first step to dispense with the authoritarian model of exercising power towards a representative and functional democracy. MPs amended only the procedure of electing the President in the Parliament and they didn’t reduce his empowerment. The rule of minimum 3/5 of the votes or 61 of 101 votes needed for electing the President proved to be a trap. Even more, the Acting President has acquired the right to dissolve the Parliament in case of no designation of the new Head of State.

Unfortunately, in 2005 the proposal addressed by CDPP to the President Vladimir Voronin to adjust the constitutional rules to the model of parliamentary republic was ignored. The unwillingness to act on this reform was prompted by the hope that after the 2009 elections Communists will have enough seats to maintain their Head of State and therefore will continue to dominate the entire political system of the country. And after the 2009 elections it became clear that the leaders of the Alliance for European Integration have exactly the same goal.

The recent decision of the governing coalition to hold referendum on the 5th of September and have subsequent election of the Head of State by direct people vote will lead to the total subordination of the state power to the future president. Thus, it becomes clear that the real purpose of governers is to keep the „power vertical”, the authoritarian regime as a control mechanism over society.

The desire to concentrate all power in the hands of the incoming President seeks to create a pro-President parliamentary majority, to destroy the unity of the parliamentary groups and to attract MPs in the client portofolio of the Head of State. The supporters of the President can be corrupted by being provided functions in the Government or by being offered advantageous financial schemes for their benefit. Thus, the Parliament risks to be transformed from a supreme representative body into an annex to the presidential institution, dominated by mafia-like interests. The concentration of power in the hands of the President will continue to keep the most profitable types of economic activities under the control of oligarchic groups around the president. In this way, by maintaining monopolies, the state will discourage business environment, will reject foreign investors and will hamper economic development of the country as a whole, thus definitly deepening poverty.

If the referendum and direct presidential elections will be held regardless of who is going to win, the „vertical power” will remain an anti-democratic form of governing the country as long as the Articles 78, 85 and 98 of the Constitution are not ammended. These changes should aim to simplify the procedure to elect the President, to designate the Prime Minister candidacy by parliamentary majority, to eliminate the rule of dissolution of Parliament by the President, to operate the governmental reshuffle by parliamentary majority and to take the oath by the Government members before the Parliament and the President.

The President must be elected for a five years term, so that his election is detached from parliamentary election cycles. It is also important that the Constitution provides the incompatibility of the Head of State role and the membership in a political party. This way, it will be ensured the independence and equidistance of the President, who must represent the unity of the nation and constitute a factor of balance and political stability.

CDPP believes that the best solution to overcome the constitutional deadlock can be achieved through establishing democratic and balanced relations between President, Parliament and Government. Such a situation can be achieved only through accepting the model of parliamentary republic.

CDPP leaves each voter the right to participate or not in the referendum and regrets that the parliamentary parties in power and in opposition, have been unable to dialogue and cooperate in order to solve the political crisis in the Parliament. Communists and Liberals are equally guilty for deepening the crisis and for the irresponsible waste of a huge amount of money for an unnecessary referendum, both sides being fueled by group interests to the detriment of the common good and of every citizen.

July 16, 2010
Iurie ROSCA,
President CDPP