A Moldovan court has ruled on the language of candidates in Gagauzia

Moldova’s Constitutional Court has ruled that the requirement for candidates for the office of Bashkan of Gagauzia to know the Romanian language is lawful. The decision was issued on October 2 following consideration of a petition filed by 11 deputies from the Party of Socialists, who had requested that this provision be repealed. The court rejected the petition, so the requirement remains in effect.

 

On October 2, the Constitutional Court of Moldova considered the issue of the requirement for candidates for the office of Bashkan—the head of the autonomous territorial unit of Gagauzia—to be proficient in Romanian. The court rejected the petition filed by members of the Socialist Party, who had demanded that this provision be reviewed for constitutionality. Consequently, the provision of the electoral law remains in effect.

Eleven deputies from the PSRM filed the petition with the court on August 28. Among the petitioners were, in particular, Igor Dodon, Vlad Batrință, Bogdan Țirde, Grigore Novak, and other representatives of the Socialist Party. They requested a review of the constitutionality of the phrase “and in Romanian” in the relevant provision of the Electoral Code. This refers to Article 161, Part 4 of Moldova’s Electoral Code, adopted by Law No. 325 of December 8, 2022. It is this provision that establishes the language requirement for candidates for the office of Bashkan. Following the Constitutional Court’s decision, it remains in effect.

The decision was announced by Domnica Manole, President of the Constitutional Court. The hearing at which the petition was considered had been scheduled in advance for October 2. Even before the hearing, the court had announced that it would consider the constitutionality of certain provisions of the Electoral Code.

What the Constitutional Court Said

Domnica Manole explained that the requirement to know the official language is not unexpected for a candidate for such a position. According to her, the Bashkan must interact directly with Moldova’s central authorities. Therefore, the ability to communicate in the official language, in the court’s view, is linked to the exercise of the autonomous region’s leadership functions.

“The official language is a constitutional value, a symbol of national unity, and an integral part of Moldova’s constitutional identity,” Manole stated.

The court president also emphasized that this requirement applies to Gagauzia as well. According to her, the requirement to know the Romanian language is consistent with the general legal framework governing the civil service and is linked to the need for the official to perform their duties effectively.

Separately, Manole drew attention to the interaction between the autonomous region and the central government. The Bashkan of Gagauzia is the head of the autonomous region but, at the same time, operates within the system of Moldova’s state institutions. That is precisely why the court linked the language requirement not only to the electoral process but also to the future performance of official duties.

Why PSRM Deputies Opposed It

Representatives of the Socialist Party opposed this requirement. They believe that mandating knowledge of the Romanian language for candidates for the office of Bashkan restricts citizens’ right to be elected.

It was precisely this provision that the Socialists sought to challenge in the Constitutional Court. The deputies asked the court to declare the relevant provision of the Electoral Code unconstitutional. However, the court did not agree with their position and upheld the provision.

Thus, following the court’s decision, a candidate for the office of Bashkan of Gagauzia cannot circumvent the requirement to know the Romanian language. This condition remains part of the election rules for candidate registration. At the same time, the court’s decision itself does not introduce any new language requirement—it concerns the review of a provision that is already in effect.

Why the Language Issue Is Important for Gagauzia

Gagauzia has a special autonomous status within Moldova. The autonomous region has its own governing bodies, including the People’s Assembly and the Bashkan, who is elected in local elections. At the same time, Gagauzia remains part of the Republic of Moldova, and its governing bodies operate within the framework of the country’s legislation.

The language issue in this region has an additional political and social context. In Gagauzia, the Gagauz and Russian languages are widely used, while Romanian is the official language of Moldova. Because of this, the issue of language requirements for public officials regularly becomes the subject of political disputes.

In its ruling, the Constitutional Court proceeded from the premise that the official language has a special constitutional status. Previous Moldovan case law has also confirmed that Romanian is the country’s official language. This principle is enshrined in Moldova’s constitutional framework and is applied in the work of state bodies.

For the position of Bashkan, the court specifically took into account the need for communication with central government authorities. In other words, the reasoning behind the decision concerns not only the mere fact of language proficiency but also how the future head of the autonomous region will perform his official duties.

What’s Next

Following the Constitutional Court’s ruling, the requirement for candidates for the office of Bashkan to know Romanian remains in effect. Political forces that disagree with this provision may continue to debate it at the legislative and political levels. However, the Constitutional Court’s ruling itself is not subject to review. For the upcoming elections in Gagauzia, this means that candidates for the position of Bashkan must meet the established language requirement. The issue may once again become the subject of political debate, especially given the PSRM’s position.

At the same time, the court ruling does not in itself change Gagauzia’s status or revoke its autonomous powers. It pertains to a specific provision of the Electoral Code—the requirement that candidates for the office of Bashkan demonstrate proficiency in the Romanian language. The Constitutional Court ruled that this requirement is consistent with the Constitution of Moldova.

Thus, following the October 2 ruling, the rule remains simple: a candidate for the office of Bashkan of Gagauzia must know the Romanian language. The Constitutional Court ruled that this requirement is lawful, and the attempt by PSRM deputies to overturn it in court was not upheld. This was reported by the Moldovan publication Newsmaker.