PDF (Testo Online) - EURAC

Wöber – The Autonomy of Gagauzia
legal developments (the 1994 Constitution of Moldova, 67 1998 Legal Code of
Gagauzia, 68 or the 1998 Law on Political Parties and Social-Political
Organizations 69 ), the CoE experts were largely critical of actions taken and
legislative adaptations initiated by both sides. 70 Legal developments after
1994 furthermore showed that certain documents, like the Legal Code of
Gagauzia, 71 came too late and again contained a number of contradictions.
The authorities in Comrat tried to widen their competences and did not fully
pay respect to the Constitution of Moldova (the Constitution) and the 1994
Law. It took almost a decade until amendments were made to the
Constitution to strengthen the autonomy’s status and the entity’s powers. 72
This was a necessary and welcome step. But rather than jointly drafting the
various corresponding acts, Chisinau and Comrat worked in parallel, and the
opinion of international experts was heard but largely ignored. Moldovan
authorities showed a lack of knowledge about the special legal status of
Gagauzia. While some rights were cut off, others such as the right to propose
legal initiatives were added, but it seemed that the People’s Assembly in
Comrat lacked the capacity to use this option successfully. So the post-1994
period was not characterized by physical confrontation, but by a number of
court cases and attempts to unilaterally change the scope of the autonomy.
2.3.3. Situation during 2001–2009
The near decade of the Party of Communists’ rule in Moldova also had an
influence on the relations with Comrat. On the positive side, amendments in
the Constitution that strengthened the autonomy were introduced in 2004.
67 Constitution of Moldova, at http://www.e-democracy.md/en/legislation/constitution/iii/; Pritt
Järve, “Gagauzia and Moldova: Experiences in Power-Sharing”, in Marc Weller (ed.), Settling Self-
Determination Disputes: Complex Power-Sharing in Theory and Practice (Martinus Nijhoff, Leiden,
2008), 307–344, at 318; Protsyk and Rigamonti, “Real and ‘Virtual’ Elements …”, 9–10.
68 Opinion on the Legal Code of Gagauzia, Venice Commission, 7 May 1998, at
http://www.venice.coe.int/docs/1998/CDL%281998%29041-e.asp as well as Memorandum on the
Legal Code of Gagauzia, Venice Commission, 14 May 1998,
http://www.venice.coe.int/docs/1998/CDL%281998%29075-e.asp.
69 Igor Munteanu, Political Parties Legislation in Moldova: Review and Recommendations for Reform
(Viitorul, Chisinau, 2010), 66; Ion Osonian and Oleh Protsyk, “Ethnic or Multi-Ethnic Parties? Party
Competition and Legislative Recruitment in Moldova”, in 47 ECMI Working Paper (March 2010)
(ECMI, Flensburg, 2010), 7.
70 Opinion on the Law on Modification and Addition in the Constitution of the Republic of Moldova in
particular Concerning the Status of Gagauzia, Venice Commission, 8–9 March 2002, at
http://www.venice.coe.int/docs/2002/CDL-AD%282002%29020–e.asp; Memorandum on the Legal
Code of Gagauzia, Venice Commission, 14 May 1998,
http://www.venice.coe.int/docs/1998/CDL%281998%29075-e.asp; Opinion on the Questions Raised
Concerning the Conformity of the Laws of the Republic of Moldova on Local Administration and
Administrative and Territorial Organisation to Current Legislation Governing Certain Minorities,
adopted by the Venice Commission at its 40th Plenary Session, 15–16 October 1999, at
http://www.venice.coe.int/docs/1999/CDL-INF%281999%29014–e.asp.
71 For a version in English, see: www.worldstatesmen.org/Gagauz_Code.pdf. In French it can be found
at: http://www.ecmimoldova.org/Gagauzia.115.0.html.
72 Protsyk and Rigamonti, “Real and ‘Virtual’ Elements …”, 9-10.
www.eurac.edu/edap 14 edap@eurac.edu