Moldova’s Constitutional Court strips Gagauzia of electoral powers Popular Assembly loses right to form regional election body

Moldova’s Constitutional Court has declared unconstitutional several provisions of the legislation governing Gagauzia’s special legal status, stripping the region’s Popular Assembly of its authority to appoint the regional electoral body and approve the leadership of certain state territorial structures.

The ruling was issued on July 9 after the Court reviewed a complaint filed by Justice Minister Vladislav Cojuhari challenging the constitutionality of several provisions of Law No. 344/1994 on Gagauzia’s special legal status.

The Court ruled unconstitutional the provisions that allowed the Popular Assembly of Gagauzia to approve the composition of the autonomous region’s electoral authority, as well as regulations granting Gagauz authorities a mandatory role in appointing heads of territorial structures of the Police, the Information and Security Service, and the Justice Directorate.

As a result, the Popular Assembly will no longer have the power to determine the composition of the regional electoral commission or approve leadership appointments within those institutions.

The Constitutional Court also struck down several articles of the law on Gagauzia’s special legal status, along with certain provisions of the Law on Police Activity and the Status of Police Officers and the Electoral Code.

In its reasoning, the Court stressed that the law on Gagauzia’s special legal status remains the legal foundation of the autonomy. However, it noted that its provisions must comply with the Constitution and cannot establish mechanisms under which the powers of central authorities depend on the approval of regional institutions.

By Jeyhun Aghazada