The Constitutional Court Declares Inadmissible a Petition by MPs Affiliated with Shor Regarding Evghenia Gutul

The Constitutional Court Declares Inadmissible the Petition Submitted by MPs Affiliated with Ilan Shor Regarding the President’s Omission to Issue a Decree Confirming the Governor of the Autonomous Territorial Unit of Gagauzia, Evghenia Gutul, as a Member of the Government, Reports IPN.

The petition was filed in February by MPs Marina Tauber, Reghina Apostolova, Denis Ulanov, and Vadim Fotescu. The authors argue that, through a ruling on May 22, 2023, the Comrat Court of Appeal confirmed the legality of the Gagauzia governor elections held on May 14, 2023, and validated Evghenia Gutul’s mandate. Gutul took the oath of office and began exercising her mandate on July 19, 2023. Additionally, the Law on the Special Legal Status of Gagauzia (Gagauz-Yeri) stipulates that the Gagauzia governor is confirmed as a member of the Government of the Republic of Moldova by a decree issued by the President of Moldova.

The petitioners claim that, despite several months since Evghenia Gutul assumed the role of Gagauzia governor, President Maia Sandu has not issued a decree confirming her as a member of the Government.

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According to the petitioners, the omission to issue the decree in question violates provisions of the Constitution and the Law on the Special Legal Status of Gagauzia.

The Constitutional Court determined that the petition subject does not fall within the scope of constitutional jurisdiction. The interpretation and application of legal provisions—in this case, the omission to issue the presidential decree—fall under the competence of administrative courts.

For these reasons, the Court declared the petition inadmissible. This decision is final, cannot be appealed, comes into effect on the date of adoption, and the Official Gazette will publish it.

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