DECISION No 16 OF NOVEMBER 6, 1997 ON CC No 8/97
Fifty-two Members of the 38th National Assembly approached the Constitutional Court for a binding interpretation of Art. 56 para 2 of the Constitution vis a vis the meaning of the phrase "resign a state post" in the aspect of a Member of Parliament.
Art. 65 para 2 of the Constitution reads: "A candidate for a National Assembly seat holding a state post shall resign upon the registration of his candidacy."
The Constitutional Court interpretative decision stated that the phrase "resign a state post" in the sense of this text means that he who runs for Parliament upon registration shall retain his state post without exercising its functions. If he is not elected, he will resume his post. There shall be no termination of his contract of employment in the civil service. It is temporary resignation.
