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Content updated: 19-02-2020 15:20

The President of the Constitutional Court, Dainius Žalimas, participates in the commemoration of the 25th anniversary of the Constitutional Court of Moldova

19-02-2020

On 19–21 February, at the invitation of Vladimir Ţurcan, the President of the Constitutional Court of the Republic of Moldova, the President of the Constitutional Court, Dainius Žalimas, is participating in the international conference “Constitutional Justice and the Society’s Reaction: When the Solutions of the Constitutional Courts Are in Disagreement with the Majority Opinion of the Society”, organised on the occasion of the 25th anniversary of the Constitutional Court of Moldova in Chisinau, the capital of this country.

Dainius Žalimas, who will present his report at the conference, has emphasised that such a topic of the event can be regarded as a challenge to the representatives of mature democracies.

“The question on whether the decisions of constitutional courts must be in line with the opinion of the majority can be raised only by states in transition to democracy. It is gratifying that such a question is no longer raised in our country, because it is clearly understood that the activity of the Constitutional Court is the opposite to political activity, based on agreements and compromises, which are not always in line with the Constitution. The Constitutional Court, which decides only legal issues, has to state this. In general, the majority rule is not the essence of western style democracy. The other side of democracy is respect for fundamental values and both these sides must be compatible with each other. Therefore, the opinion of the majority cannot be a material criterion in the settlement of constitutional disputes. This also explains why constitutional courts have even, as it can be said, the duty to adopt unpopular decisions”, the President of the Constitutional Court, Dainius Žalimas, pointed out. According to Dainius Žalimas, it would be interesting to hear what answers to the question of the conference will be offered by representatives from the constitutional courts of other countries, as well as by legal scholars, who will participate in the event.

Dainius Žalimas will deliver the report “The Concept of Democracy as Safeguarded by the Constitution”. According to Dainius Žalimas, democracy was a predominant topic in the jurisprudence of the Constitutional Court in 2019; therefore, the Constitutional Court had to adopt more than one decision not pleasing to politicians.

“However, neither the Constitutional Court nor the politicians of our country had doubts that the Constitutional Court is independent and that it guarantees the supremacy of the Constitution in the legal system, by following law alone, regardless of the wishes of the majority. I hope that our experience will be useful to the colleagues at the Constitutional Court of Moldova, which is not much younger than our court, especially knowing that its current judges have been dealing with constitutional justice for only the first year”, the President of the Constitutional Court, Dainius Žalimas, noted.

It can be recalled that, in June 2019, the Constitutional Court of the Republic of Moldova partly became a cause of the constitutional crisis in this country, as six decisions rendered by the Constitutional Court resulted in the duality of state power. On 15 June 2019, the Constitutional Court of Moldova repealed the said six decisions and, on 25 June 2019, all members of the Constitutional Court resigned upon the change in the relation of political power. Later, a new composition of the Constitutional Court of the Republic of Moldova was appointed.