Sunday, October 08, 2006

Republic of Moldova – is or not a State of Law

Trying to analyze whether Moldova is or not a state of law, by its entire criterion, you can get a doubtful opinion.

The first article, point 3, of its Constitution, sustains that the Republic of Moldova is a state of law: “the Republic of Moldova is a state of law, democratic, where the human dignity, the human rights and liberties, the free development of the personality, the right and the political pluralism represent the guaranteed supreme values.”

This article really counts all this criterions of a state of law. But the real political and social life differs from what is written in the constitution.

As I mentioned earlier, only a democratic country can pretend to be a state of law. Moldova is being democratic only for 15 years. Our democracy is very young and brittle. Our government doesn’t have that mush experience, to be able to pronounce that law is the supreme power in this state. We are under a huge black spot for being a part of the USSR. This had a total opposite political regime from a state of law. And after the break up from USSR, the Republic of Moldova was trying to redirect its political orientation.

By the form of Government, the Republic of Moldova is a state of law. Is has the separation of powers. By the way it is a parliamentary republic, which is even more democratically than the presidential republic. The population secretly votes the Parliament. The legal procedure of elections is supervised by the international supervisors.

Another characteristic of a state of law, is the Supremacy of Constitution. The Republic of Moldova also respects this. No legal norm can be applied if it is contrary to the Constitution.

By all this steps Moldova seems to be a state of law. But, somehow, the biggest problem is the violation of human right. It exists anyway, not by laws, but by the disorder, by no control of the society and the political authorities. First of all it’s the judicial organs. There were many cases, when Moldovan Supreme Court was giving the person a verdict, which was violating his rights. And after the appealing to the European Supreme Court, the Republic of Moldova, for many times was receiving punishments from it (had to pay certain sums of money to the plaintiffs, and had to agree that they activated against the human rights).

In conclusion: Moldova is formally a State of Law,. Even though it is written in the Constitution so, in many situations it doesn’t reflect the real situation, because of the corruption of the political and judicial authorities, because of not having any democratic experience. So, the Republic of Moldova has to evolve a long period of time, to perfect not only its legislative domain, but also its executive power. Constitution should be an active document. As the basis of all the activities, should serve the human rights not only formally, but in fact.

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