VOLUNTARISM OF THE CONSTITUTIONAL JURISDICTION DURING THE PERIOD OF THE CAPTURED STATE

The democratic paradigm through which certain bodies with institutional attributions for the protection of democratic values are invested flagrantly violates these values and only the Parliament, in the light of the mentioned arguments can stop the inexplicable actions of the institutions meant to protect these values, tries to cheat or speculate with to the people, invoking it as an absolute truth. In this case, there must be a mechanism that would end the legal-political voluntarism of some state institutions, in this case the Constitutional Court of the Republic of Moldova. Following what is reported, we propose that by the final act of finding of the Parliament of the Republic of Moldova - the only authority of the state representing the people, to lift the mandate of judge of the Constitutional Court based on the proposed of modifying the law, introduced in art. 19 of the Law on the Constitutional Court no. 317 of 13.12.1994, being completed with the letter “d¹)” in the following wording: “d¹) incompatibility, established by an act of finding made final, by the Parliament of the Republic of Moldova, with a simple majority of the number of deputies”