Reciprocal control between the center and autonomy: experience of implementing the Gagauz status

Reciprocal control between the center and territorial autonomy is one of the key mechanisms for ensuring the constitutional and legal order in the state. On the one hand, clear rules and control procedures allow authorities of the autonomy to protect their right to participate in the decision-making process, and on the other hand – provide opportunity to the state to effectively monitor this process when observing the Constitution and the competencies. The issue of the limits and nature of the state control is relevant for the Republic of Moldova. In this analysis we research the issue related to the mechanisms of control of the decisions adopted by the People’s Assembly of Gagauzia and central authorities, their effectiveness and feasibility. In order to fulfil the purpose of our study we examined positive experience of Italy (based on the example of South Tyrol) and Finland (Åland Islands) in relation to control mechanisms, reviewed control norms and procedures in Moldova and described its experience. The study revealed the problem of efficiency in the use of constitutional control mechanism, which requires development of the capacities of the People’s Assembly of Gagauzia in the protection of their rights. The following obstacles were identified: absence of clear competences of the autonomy and central authorities and their regulation, which weakens capacity of Gagauzia in implementing its status. Administrative supervision of the People’s Assembly by the Government and requirement that autonomy laws should comply with the national legislation applicable in all areas differ from the general practice related to the functioning of the autonomies and reciprocal control.

Key words: territorial autonomy, central authorities, constitutional control, administrative supervision, Constitutional Court, Gagauz-Yeri.

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