Moldovan citizen in Italy sues PAS for refusing a donation. The case was examined by the Constitutional Court

Anastasia Nani
14/10/2016
Maia Sandu. Foto: CIJM

Party Action and Solidarity Party was  sued by  a Moldovan  citizen in Italy after the party representatives have not accepted the donation  of  5,000 lei. PAS grounded its refusal  by legal provisions  ruling that parties cannot be financed by Moldovan citizens living abroad. In mid-September, Maia Sandu, president of PAS, claimed exception of unconstitutionality of this provision from the Law on political parties and the case reached the Constitutional Court  that issued a decision of inadmissibility.

According to the politician, the prohibition at issue violates the principle of equality before the law, suppress freedom of association, and this leads to a discriminatory situation.

On 26 September, magistrates of the Constitutional Court issued a decision of inadmissibility. "The Court finds that the action submitted to the court has fictional character, its purpose aims to request the control of constitutionality Art. 26 par. (6) letter b) of the Law on political parties, making use of the mechanism of exception of unconstitutionality, which contradicts the concept of the institution of exception of unconstitutionality. The Court points out that, in the absence of a real dispute, the exception of unconstitutionality has a masked character of actio popularis. Therefore, the Court rules that the exception of unconstitutionality in this particular case is excessive and cannot be accepted for examination", writes the court decision.

The issue of donations from citizens living abroad was addressed in a press club organized by the Center for Investigative Journalism under the project "Transparent Presidential Elections". President of PAS claims that she cannot donate money to the party, because currently, she does not get any income in the Republic of Moldova. She has some savings from the World Bank, an institution in which she was employed. "I cannot make any donation to the PAS of the money that I worked legally in an international organization. The law stipulates this and I think this is nonsense. I am a citizen of the Republic of Moldova and it does not matter if I worked here or elsewhere. If I can prove the legal origin of this money, I should be able to make a donation to the budget within the limits posed by law. It is not just my case; it is the case of the diaspora who wants to support us financially. We cannot benefit from this support, we just can exist from the contribution of some poor people, of some pensioners who come to the party and give us 100 lei", said Maia Sandu.

 

 

Anastasia Nani
14/10/2016

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