Moldovan constitutional referendum, 2010
Encyclopedia
The Moldovan referendum of 2010 was a nationwide referendum
in Moldova
held on 5 September on whether or not the country should amend the Constitution of Moldova
to return to direct popular election of the president instead of 3/5 of total number of seats parliament vote as it is now. and resulted in failure due to an insufficient turnout: 30.29% as opposed to the necessary 33% for the referendum to be considered valid.
The voters are asked to answer the following question "Would you agree with the Constitutional amendment, which would allow the election of the President of the Republic of Moldova
by the entire population?", voting for one of the proposed options: “Yes (for)” or “No (against)”. Of those who had cast their vote, 87.83% chose "Yes".
The new Constitution was initially adopted by the Parliament by 50+1 votes. A national referendum was then approved by a simple majority in parliament for the people to express their opinion on the new Constitution.
The proposal also changed the name of the state language from "Moldovan
" to "Romanian." According to Ghimpu, the Romanian language
must be the official language of Moldova.
The Venice Commission
of the Council of Europe
reacted initially favorably to a proposed constitutional reform, in particular to revise the existing procedure of electing president of the republic. However, after a plenary meeting in March 2010, the Commission suggested to hold early parliamentary elections instead of conducting a constitutional referendum. The Commission also stressed that the current parliament should be dissolved after adopting the proposal for constitutional reform and that this proposal should take effect for the next parliament.
On 9 March 2010, the four leaders of the Alliance for European Integration
(AEI) decided to organize the referendum before June 16, 2010 in order to adopt the 2010 constitution. Ghimpu stated that he was not going to dissolve the Parliament in case of defeat on September 2010.
The opposition Party of Communists of the Republic of Moldova (PCRM) suggested to lower the validity threshold for future presidential elections from 61 to 51, a simple majority. However, the communists insisted that this change would be in force only after the next parliamentary elections, whereas the ruling coalition wanted to introduce the changes before such elections. After negotiations with the communists have failed, the AEI used its simple majority advantage in the parliament on 7 July 2010 to pass the referendum proposal. In addition, the electoral code was amended by lowering the necessary voter turnout from 60 % to 33 %, reducing the effectiveness of a boycott
The PCRM together with several other parties urged the voters to boycott the referendum, hoping to push the turnout below the 33% necessary for validation of the referendum’s result.
Moldovan citizens living abroad were allowed to participate in the referendum. The deputy prime minister, Iurie Leancă
, said that 130,000 ballot papers were be requested for the 78 polling stations which opened abroad, 1,600 for each of them.
-based Institute of Marketing and Polls IMAS-INC, a poll held between July 26 and August 12 showed that 91% of the people will vote "yes" (for) and that about 73% of Moldova's population was ready to take part in the referendum.
having required them to declare their position via two options: “yes (for)” or “no (against)”.
and a European Union delegation
financed 20 teams of observers on behalf of NGOs from Moldova, which went abroad. At the same time, the Council of Europe and the EU sent at least 20 observers to monitor the holding of the referendum in the country," Iurie Leancă
said.
The head of the observer mission from the Parliamentary Assembly of the Council of Europe
, Andreas Gross, praised the referendum as being well organised and corresponding to democratic standards.
suggested that the referendum's failure was due not only to the boycott called by the Communists, but also to splits within the governing alliance
.
announced that it would consult the Constitutional Court of Moldova
on dissolving parliament and holding new elections
. After the Constitutional court has confirmed the need for new elections, these were scheduled for 28 November 2010.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in Moldova
Moldova
Moldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...
held on 5 September on whether or not the country should amend the Constitution of Moldova
Constitution of Moldova (1994)
The Republic of Moldova Constitution of 1994 is the country's supreme law of the country since August 27, 1994.- History :It was adopted on July 29, 1994 by the Moldovan Parliament and published in Monitorul Oficial al R. Moldova, N1, July 18, 1994....
to return to direct popular election of the president instead of 3/5 of total number of seats parliament vote as it is now. and resulted in failure due to an insufficient turnout: 30.29% as opposed to the necessary 33% for the referendum to be considered valid.
The voters are asked to answer the following question "Would you agree with the Constitutional amendment, which would allow the election of the President of the Republic of Moldova
President of the Republic of Moldova
The President of the Republic of Moldova is the head of state of Moldova.-Description of the post:According to the Article 77 of the Constitution of Moldova , the President of Moldova is the head of the State and represents the State and is the guarantor of national sovereignty, independence, of...
by the entire population?", voting for one of the proposed options: “Yes (for)” or “No (against)”. Of those who had cast their vote, 87.83% chose "Yes".
Background
As the constitution cannot be changed by parliamentary vote against the will of the opposition Communist Party (PCRM), which holds enough seats to block any constitutional changes by parliamentary vote, the ruling coalition decided to bypass it by holding a referendum on the question.The new Constitution was initially adopted by the Parliament by 50+1 votes. A national referendum was then approved by a simple majority in parliament for the people to express their opinion on the new Constitution.
The proposal also changed the name of the state language from "Moldovan
Moldovan language
Moldovan is one of the names of the Romanian language as spoken in the Republic of Moldova, where it is official. The spoken language of Moldova is closer to the dialects of Romanian spoken in northeastern Romania, and the two countries share the same literary standard...
" to "Romanian." According to Ghimpu, the Romanian language
Romanian language
Romanian Romanian Romanian (or Daco-Romanian; obsolete spellings Rumanian, Roumanian; self-designation: română, limba română ("the Romanian language") or românește (lit. "in Romanian") is a Romance language spoken by around 24 to 28 million people, primarily in Romania and Moldova...
must be the official language of Moldova.
The Venice Commission
Venice Commission
The Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
reacted initially favorably to a proposed constitutional reform, in particular to revise the existing procedure of electing president of the republic. However, after a plenary meeting in March 2010, the Commission suggested to hold early parliamentary elections instead of conducting a constitutional referendum. The Commission also stressed that the current parliament should be dissolved after adopting the proposal for constitutional reform and that this proposal should take effect for the next parliament.
On 9 March 2010, the four leaders of the Alliance for European Integration
Alliance for European Integration
The Alliance for European Integration is the ruling coalition in Moldova since the July 2009 election.-Overall context :After April 2009 election and the civil unrest, the climate in Moldova became very polarised. The parliament failed to elect a new president. For this reason, the parliament was...
(AEI) decided to organize the referendum before June 16, 2010 in order to adopt the 2010 constitution. Ghimpu stated that he was not going to dissolve the Parliament in case of defeat on September 2010.
The opposition Party of Communists of the Republic of Moldova (PCRM) suggested to lower the validity threshold for future presidential elections from 61 to 51, a simple majority. However, the communists insisted that this change would be in force only after the next parliamentary elections, whereas the ruling coalition wanted to introduce the changes before such elections. After negotiations with the communists have failed, the AEI used its simple majority advantage in the parliament on 7 July 2010 to pass the referendum proposal. In addition, the electoral code was amended by lowering the necessary voter turnout from 60 % to 33 %, reducing the effectiveness of a boycott
The PCRM together with several other parties urged the voters to boycott the referendum, hoping to push the turnout below the 33% necessary for validation of the referendum’s result.
Moldovan citizens living abroad were allowed to participate in the referendum. The deputy prime minister, Iurie Leancă
Iurie Leancă
Iurie Leancă is a Moldovan politician. He is the current Foreign and European Integration Minister in Vlad Filat Cabinet.- Early career :...
, said that 130,000 ballot papers were be requested for the 78 polling stations which opened abroad, 1,600 for each of them.
Opinion polls
According to the ChişinăuChisinau
Chișinău is the capital and largest municipality of Moldova. It is also its main industrial and commercial centre and is located in the middle of the country, on the river Bîc...
-based Institute of Marketing and Polls IMAS-INC, a poll held between July 26 and August 12 showed that 91% of the people will vote "yes" (for) and that about 73% of Moldova's population was ready to take part in the referendum.
Participants
Political parties were not registered as electoral contestants in the referendum, but they could register as participants in the referendum, with the Central Election Commission of MoldovaCentral Election Commission of Moldova
The Central Election Commission of Moldova is a permanent collegiate body of the Moldovan government.Eugeniu Ştirbu has been the chairman of the Central Election Commission since November 11, 2005.-External links:* *...
having required them to declare their position via two options: “yes (for)” or “no (against)”.
YES |
NO |
International observers
"The Council of EuropeCouncil of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
and a European Union delegation
Delegation of the European Union to Moldova
The Delegation of the European Union to Moldova was established to facilitate relations between Moldova and the European Union. It is located in Moldova's capital, Chişinău.- History :...
financed 20 teams of observers on behalf of NGOs from Moldova, which went abroad. At the same time, the Council of Europe and the EU sent at least 20 observers to monitor the holding of the referendum in the country," Iurie Leancă
Iurie Leancă
Iurie Leancă is a Moldovan politician. He is the current Foreign and European Integration Minister in Vlad Filat Cabinet.- Early career :...
said.
The head of the observer mission from the Parliamentary Assembly of the Council of Europe
Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe , which held its first session in Strasbourg on 10 August 1949, can be considered the oldest international parliamentary assembly with a pluralistic composition of democratically elected members of parliament established on the basis of an...
, Andreas Gross, praised the referendum as being well organised and corresponding to democratic standards.
Results and reaction
Prime Minister Vlad FilatVlad Filat
Vladimir Filat is a Moldovan politician, the Prime Minister of Moldova since 25 September 2009.- Education and early career :...
suggested that the referendum's failure was due not only to the boycott called by the Communists, but also to splits within the governing alliance
Alliance for European Integration
The Alliance for European Integration is the ruling coalition in Moldova since the July 2009 election.-Overall context :After April 2009 election and the civil unrest, the climate in Moldova became very polarised. The parliament failed to elect a new president. For this reason, the parliament was...
.
Aftermath
After the referendum failed to meet the 33% turnout required to validate the results, the Alliance for European IntegrationAlliance for European Integration
The Alliance for European Integration is the ruling coalition in Moldova since the July 2009 election.-Overall context :After April 2009 election and the civil unrest, the climate in Moldova became very polarised. The parliament failed to elect a new president. For this reason, the parliament was...
announced that it would consult the Constitutional Court of Moldova
Constitutional Court of Moldova
The Constitutional Court of Moldova represent the sole body of constitutional jurisdiction in the Republic of Moldova, autonomous and independent from the executive, the legislature and the judiciary....
on dissolving parliament and holding new elections
Moldovan parliamentary election, 2010
A parliamentary election was held in Moldova on 28 November 2010 after indirect presidential elections failed for the second time in late 2009.-Pre-election developments:...
. After the Constitutional court has confirmed the need for new elections, these were scheduled for 28 November 2010.