Legal liability in constitutional law 205
commission of some "serious acts of violation of the provisions of the Constitution"
implies the imposition of political sanctions or, in another "political-disciplinary"
sense - respectively suspension and dismissal - not obligatory to be followed by
As long as the Head of State carries out his duties for the purpose and within
the limits provided by the Constitution, there is no question of his liability, political
or legal. The question of liability comes when the political or legal acts or actions of
the Head of State exceed the constitutional abilities. In this situation, of course,
there is also the question of the ways of taking responsibility and the sanctions
applicable to the Head of State, thus removing his immunity. The measure of
suspension is a consequence of a serious violation of constitutional provisions. In
Romania the appreciation of the seriousness of the act belongs to the reunified
Chambers of Parliament, the decision to suspend is taken by majority vote.
In accordance with art. 95 par. (1) of the Constitution, the President may be
prosecuted (“charged") for "high treason". We note that the constitutional text does
not use the notion of "high treason crime", but also resorts to the notion of
"indictment", specific to criminal law.
The dismissal of the President of Romania is a more severe political sanction,
of course and with legal implications, as it results in the loss of this high state
quality. The dismissal of the President is a political act that the constituent
legislator did not leave to Parliament, as he did with the measure of suspension
(which is a lighter and provisional sanction), but that of the electorate, who also
appointed the President, because the dismissal has radical and definitive legal
effects. If the person insuring the interim is committing serious offenses that violate
constitutional provisions, he is subject to the same suspension and dismissal
According to the Constitution, the mandate of the President of the Republic of
Moldova ceases in case of expiration, resignation, dismissal, definitive
impossibility to perform duties or death (Article 90). We notice that the reasons are
different, but the effect is the same: it determines the end of the mandate of the
President for which he was elected, leading to the vacancy of the office and the
birth of the obligation to secure the interim.
Resignation is a unilateral act of will by which the President of the Republic of
Moldova decides to give up his office, to put an end to the presidential mandate
ahead of time. The reasons are personal, but they can be determined by "external"
forces, such as the suspension or indictment initiative, the loss of voter confidence,
etc. The request for resignation of the President of the Republic of Moldova is
submitted to the Parliament, which pronounces on it. We believe that this
procedure is welcome, given that the mandate starts from the date of taking the
oath before Parliament, it is only natural that he stops in front of him. I would add
here that once the oath of the President of the Republic of Moldova is also
submitted to the Constitutional Court, it would be appropriate for him to stop