The knowledge of the Romanian language remains mandatory for candidates for the position of Governor of Gagauzia. The Constitutional Court rejected the notification through which the deputies of the Socialist Party contested the condition from the Electoral Code that stipulates that those who run for the position of governor must know the Romanian language. The decision was pronounced on October 2nd.
The complaint targeted the text “and Romanian” from article 161 paragraph (4) of the Electoral Code. The authors of the complaint argued that this condition represents an additional requirement for exercising the right to be elected and invoked the special legal status of Gagauzia, writes IPN. The deputies also referred to the Law on the special legal status of Gagauzia, which stipulates that the governor must know the Gagauz language. They argued that the introduction of an additional condition through the Electoral Code, without modifying the law on the special status of Gagauzia, contravenes the constitutional provisions and international standards regarding the right to be elected.
The President of the Constitutional Court, Domnica Manole, explained that the Romanian language constitutes a constitutional value and an integral part of the constitutional identity of the Republic of Moldova. According to her, the official status of the Romanian language also applies in Gagauzia, and the provisions regarding its autonomy must be interpreted together with those of the Constitution.
The Court noted that the Law on the Special Legal Status of Gagauzia recognizes Romanian, Gagauz, and Russian as the official languages of the autonomous region. Moreover, the law stipulates the use of the Romanian language in correspondence with the public administration authorities of the Republic of Moldova, as well as with enterprises, organizations, and institutions located outside the territory of Gagauzia.
In the Court’s opinion, knowledge of the Romanian language is relevant for the exercise of the governor’s mandate, including for direct communication with central authorities and for the efficiency of collaboration between national authorities and those of the autonomous territorial unit.
The Court also found that this condition does not empty the right to run for elections of its content and does not affect the very essence of this right. At the same time, the constitutional court appreciated that the measure has a sufficient connection with the pursued purpose and that the existence of an equally efficient, but less restrictive alternative has not been demonstrated.
The decision of the Constitutional Court is definitive, it cannot be subjected to any form of appeal and comes into effect on the date of adoption. The elections for the position of Governor of Gagauzia are scheduled for November 15, the same day as the elections for the Popular Assembly.
