Category Archives: Igor Dodon

Moldovan President Igor Dodon Suspended by the Constitutional Court

The Moldovan Constitutional Court temporarily suspended the country’s president, on October 20, following a request by the government to interpret article 98, paragraph 6 of the Constitution, covering the president’s role in government reshuffles (Constcourt.md, October 20). The issue dates back to December 27, 2016, when the office of the minister of defense became vacant after then-minister Anatol Salaru was dismissed by the newly inaugurated President Igor Dodon. The Liberal Party, at that point a member of the ruling coalition, withdrew its political support for Salaru, and the government initiated the dismissal, which was eagerly accepted by Dodon. However, the president refused to appoint then–environment minister Valeriu Munteanu, another Liberal Party appointee, to fill the vacancy at the top of the defense ministry. The inter-institutional deadlock was immediately addressed by the Constitutional Court on January 24, 2017. On that date, the Court ruled that a president can only decline a prime minister’s proposal for a government reshuffle once, but it did not elaborate on what happens if the president refuses to accept a cabinet nomination for a second time (Constcourt.md, January 24).

The Democratic Party–controlled government never went ahead with nominating Valeriu Munteanu for a second time. Meanwhile, the Liberal Party withdrew from the ruling coalition in May and was replaced by a group of Liberal Democratic Party defectors, under the leadership of former prime minister Iurie Leanca, who became deputy speaker of Parliament on June 2. The European People’s Party of Moldova, headed by Leanca, nominated its vice president and Leanca’s former chief of staff, Eugen Sturza, to become minister of defense. However, the public announcement came from the Democratic Party chairman, Vlad Plahotniuc, on September 12. President Dodon rejected the nomination the following day, citing Sturza’s lack of experience in the defense sector and the nominee’s questionable integrity. Instead, Dodon proposed former defense minister Victor Gaiciuc (2001–2004), who also served as Moldova’s ambassador to the North Atlantic Treaty Organization (NATO) during former Moldovan president Vladimir Voronin’s second term (Zdg.md, September 13). The government insisted on Sturza, but President Dodon rejected his nomination again on September 18 (Unimedia.info, September 18). The following day, the government appealed to the Constitutional Court for a way out of this deadlock.

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The Court issued a highly controversial ruling on October 17, mandating that if the head of state refuses to carry out his constitutional duties by rejecting a cabinet nomination twice, this represents grounds for his or her temporary suspension from office (Constcourt.md, October 17). Two days later, the government asked the Constitutional Court to temporarily suspend the president, which it did on October 20 (Constcourt.md, October 20). Under the Court’s ruling, the president’s suspension will be in force until an acting president appoints a new defense minister—despite the fact that no such provisions exist in Moldova’s Constitution. Article 89 of the Constitution clearly states that a president can only be suspended from office if he or she has violated the Constitution. One third of the members of the parliament need to initiate the suspension, and two thirds of the legislators need to vote in favor for the suspension to be approved; only the citizens can remove the president from office in a national referendum (Presedinte.md, accessed October 24). Ironically, the government acknowledges in its referral to the Court that, despite President Dodon having violated the Constitution, “a referendum is too difficult to achieve” and “it does not guarantee a solution to the deadlock” (ConstCourt.md, September 19), meaning that a recall referendum against Dodon is likely to fail. The absurdity of the situation is that Dodon’s fellow Socialists agree that the president has violated the Constitution and Dodon himself openly calls for a referendum (RTR Moldova, October 20). Nonetheless, the Democratic Party pulled an ace from its sleeve, as the Constitutional Court equated Dodon’s brazen refusal to carry out his duty with a president’s inability to do so—a provision normally covering health-related impediments.

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The present situation is not the first time Moldova’s Constitutional Court has engaged in similar far-reaching judicial activism. In fact, Dodon owes his presidency to a highly controversial ruling that reintroduced direct presidential elections in March 2016 (see EDM, March 8, 2016). Another watershed decision was the banning, in April 2013, of then–prime minister Vlad Filat from being reappointed to head the cabinet based on allegations of corruption (RFE/RL, April 23, 2013). This time, Dodon attempted to give the Court a taste of its own medicine, alleging that Eugen Sturza, a former Filat advisor, was also corrupt, but to no avail. The Constitutional Court’s refusal to entertain such charges has strengthened critics’ accusations that Moldova’s highest court currently serves the interests of one person—oligarch Vlad Plahotniuc. Though, it may seem as if this latest court ruling undermines the tacit Plahotniuc-Dodon power-sharing agreement (Jamestown.org, March 23), in fact, the Plahotniuc-controlled government did Dodon a favor by allowing him to save face by virtue of not taking part in this cabinet appointment. Some are even predicting that this controversial ruling could be used to make Plahotniuc prime minister without Dodon having to take the blame for it (Deutsche Welle—Romanian version, October 18; Trb.ro, October 20).

Meanwhile, on October 24, Sturza was sworn in as defense minister by Parliamentary Speaker and Acting President Andrian Candu, thus ending President Dodon’s suspension. Still, there is hardly any major political party, other than the Socialists, willing to defend Dodon against this attack on presidential powers that undermines the few remaining checks and balances in the Moldovan political system. Moldova’s highly polarized politics notwithstanding, Dodon and Plahotniuc are both fully complicit when it comes to the most dramatic case of democratic backsliding in Moldova’s recent history—the change of the electoral system (see EDM, July 25). Ultimately, how Dodon reacts to this latest challenge to his constitutional powers could either make or break his presidency. So far, he has vaguely threatened to initiate a popular movement in favor of “early parliamentary elections and transition to a presidential form of government” (Presedinte.mdNewsmaker.md, October 18). Yet, regardless of what the president does, Plahotniuc is now in an even stronger position to further consolidate his grip on power.

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Note: This article was written for the Washington based Jamestown Foundation and the original can be accessed here.

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Moldova’s Foreign Policy in Disarray

In recent weeks, Moldova has been dealing with one foreign policy scandal after another. Relations with Russia, the United Kingdom, the European Union, the Council of Europe and even the International Monetary Fund (IMF) and the World Bank have all been strained to varying degrees. The contentious nature of Moldova’s domestic political competition undermines any chances for a coherent and predictable foreign policy. At the same time, the difficult geopolitical conditions in Moldova’s neighborhood, stemming from a fatigued European Union, an increasingly distant United States as well as a regionally resurgent Russia—coupled with democratic backsliding of Moldova’s own government—have been creating serious challenges for Moldovan diplomacy.

Relations with Russia in particular reached a new low after Moldova expelled five Russian diplomats on May 29, amid accusations that Moscow was recruiting fighters from Moldova’s autonomous region of Gagauzia for the Russia-backed insurgency in neighboring Ukraine (Moldova.org, June 13; Euromaidan Press, June 15). In 2014, Moldova’s Intelligence Service investigated several Gagauz officials, including the region’s former governor Mihail Formuzal, for also allegedly recruiting fighters, but no prosecutions followed as Formuzal was voted out of office and some of his purported lieutenants managed to escape to Russia (Deschide.md, July 9, 2014). Ironically, the new governor of Gagauzia, Irina Vlah, elected in March 2015, pledged even closer ties with Russia and accompanied then–newly elected Moldovan President Igor Dodon to the Kremlin on his first foreign visit (see EDM, March 31, 2015; Moldova.eu, January 20, 2017).

The spy scandal occurred during President Dodson’s attendance at the St. Petersburg International Economic Forum, where Dodon issued a blistering anti-Western tirade, criticizing Moldova’s Association Agreement with the European Union, much to the delight of Russian President Vladimir Putin. However, Putin’s gratitude was rather peculiar as he ended up ridiculing Dodon with his answer about Russian interference in foreign elections: “Ask Dodon. He knows best,” Putin quipped, and Dodon smiled (RT, June 2; Balkan Insight, June 6). Upon his return from Russia, the Moldovan head of state called a National Security Council meeting to address the spy scandal, despite two prominent members of the Council being absent. Prime Minister Pavel Filip and Parliamentary Speaker Andrian Candu—both protégés of Vlad Plahotniuc, the chairman of the ruling Democratic Party and Moldova’s de-facto leader—were abroad. This, however, did not stop Dodon from scolding the foreign minister and the intelligence chief (Publika.md, May 30; Presedinte.md, June 6). The spy scandal, though unprecedented in its scale, has not prevented business as usual in Moldovan-Russian relations: indeed, around the same time, authorities announced the renewal of Moldova’s contract with the Russian-owned and Transnistrian-based Cuciurgan Power Plant (Unimedia.info, June 7). Russia has not escalated the spy scandal and only responded in kind to the diplomatic expulsions. Hence, Dodon actually earned certain political points for his actions, with some arguing that the government’s antagonism in relations with Russia would push the EU to be more lenient regarding the ongoing democratic backsliding in Moldova.

However, Europe appears to have learned its lesson on Moldova and continues to impose strong conditionalities on Chisinau. A macro-financial assistance package of €100 million (a €60 million loan and a €40 million grant—$67 million and $45 million, respectively) is preconditioned on respect for effective democratic mechanisms, including a multi-party parliamentary system (Consilium.europa.eu, Jun 15). As such, the EU financial package is widely interpreted as political pressure for the Moldovan government to renounce its controversial plan to change the proportional electoral representation to a mixed electoral system, considered inadvisable by the Venice Commission of the Council of Europe (Reuters, June 6; Venice.coe.int, June 19). Failure to follow the advice of European experts commissioned to study the bill will likely strain relations with the Council of Europe and the European Union. Moldova’s government is engaged in a diplomatic offensive, attempting to persuade the EU of the democratic nature of the proposed electoral bill. It did not help, however, that Parliamentary Speaker Andrian Candu personally attended the plenary session of the Venice Commission that adopted a rather critical opinion of the assessed bill (Coe.int, June 16). Perhaps, feeling personally offended, Candu vented his frustration on his blog, calling the adopted opinion subjective (Candu.md, June 19).

Since Moldova’s independence from the Soviet Union, the United Kingdom has been a reliable partner. Nonetheless, bilateral relations suddenly became tense after the surprising visit by Transnistrian leader Vadim Krasnoselski to London. The Transnistrian conflict settlement process has always been a highly important and sensitive topic for Chisinau. Krasnoselski publicized his meeting at the UK Foreign Office with Nicola Pollitt, the director for Eastern Europe and Central Asia, as an official working visit (President.gospmr.org, June 16), much to the annoyance of Moldovan officials, who appeared to have been caught off guard (Newsmaker.md, June 16). The British embassy in Moldova promptly issued a statement, calling the visit a private matter, stressing that it does not set a precedent or imply any official recognition of the separatist entity (Facebook.com/BritishEmbassyChisinau, June 17). However, the damage was done and left Moldovan diplomacy scrambling for answers.

Perhaps the best reflection of the current state of Moldovan diplomacy is the compromised current condition of one of Moldova’s top diplomats—Iurie Leanca, a former minister of foreign affairs and previous prime minister, whose European People’s Party recently joined the ruling coalition. Leanca recently drew controversy by suggesting that it was the World Bank and IMF that had recommended the Moldovan government to issue its notorious guarantees for loans aimed at bailing out the three banks left bankrupt after the infamous billion dollar theft that crippled the economy in 2015 (see EDM, January 11, 2016). Both the World Bank and the IMF issued statements denying these allegations and accused Leanca of failing to follow their recommendations throughout 2014, when Leanca headed the Cabinet. The aforementioned banking fraud cut Moldova’s GDP by about 15 percent (Newmaker.md, Moldova.eu, June 16).

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Iurie Leanca (Photo: Newsmaker.md)

All these instances indicate a rather precarious state of Moldovan diplomacy. Apart from the structural challenges of divided foreign policy prerogatives between the government and the president, the sharp domestic political polarization and the deficient quality of the ruling political elite leave Moldovan diplomats with almost no good options to develop a coherent foreign policy. As long as Moldova’s foreign policy is guided by immediate political expediency rather than any sense of national interest, its diplomacy is doomed to operate in a constant state of disarray.

 

Note: The article was written for the Jamestown Foundation and can be accessed here.