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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 26, 2001 No. 4

About approval of the Report on implementation of the constitutional jurisdiction in 2000

(In edition of the Resolution of the Constitutional Court of February 20, 2001 N 13)

Name of the Republic of Moldova

Constitutional court in structure:

Pavel BARBALAT is chairman

Nicolae KISEEV is judge

Mihai KOTOROBAY is judge

Konstantin LOZOVANU is judge

Ion VASILATI is judge with the assistance of Corinna of Pop, the secretary of meeting, Stefan Agaki, Ion Anton, Jonah Bot, Paraskovyi Kopachinski, Elena Safaleru, Iliye Shevchuk, judges-assistants, Alena Balaban, Tatyana Berladyan, Jonah Bozbey, to Aurelia Kasakliu, Pop, Lyudmila Zadorozhnoy's Lucia, the main consultants in the field of the legislation, according to Art. 10 of the Law on the Constitutional court and Art. 80 of the Code of the constitutional jurisdiction, having considered in open plenary meeting the Report on implementation of the constitutional jurisdiction in 2000, DECIDES:

1. Approve the Report on implementation of the constitutional jurisdiction in 2000.

2. Send the report to Parliament of the Republic of Moldova, the President of the Republic of Moldova, the Government of the Republic of Moldova and the Supreme council of magistracy.

3. This resolution is final, together with the Report is published in "Monitorul Oficial al Republicii Moldova".

 

Chairman of the Constitutional court

Pavel Barbalat

The report on implementation of the constitutional jurisdiction in 2000

On February 23, 2001 the six-year legal mandate of four judges of the first structure of the Constitutional court expires and at the same time the important stage of formation and approval of Court as single instance of the constitutional jurisdiction comes to an end.

For the first time in the history of our state the institute which main appointment - guaranteeing rule of the Constitution and law, real separation of the authorities, reasonable and strict respect for human rights, the cross liability of the state and the citizen, protection of society against possible arbitrary behavior of the authorities was created. Creation of the Constitutional court in the Republic of Moldova was important step in the course of forming of the constitutional state, existence of the Constitutional court as such was distinctive sign of the civilized state. Among the new ideas of reforming of system of law, updating of institute is the right and enhancement of the legislation the idea of the constitutional justice was apprehended by the public unambiguously positively.

* * *

The report on implementation of the constitutional jurisdiction in 2000 is provided according to Art. 10 of the Law on the Constitutional court and Art. 80 of the Code of the constitutional jurisdiction.

In 2000 90 addresses, in comparison with 139 addresses in 1999 were brought into the Constitutional court. Control of constitutionality of 45 laws, 6 resolutions of Parliament, dvazhdyreglament of Parliament and 17 orders of the Government is exercised. 12 addresses about interpretation of the Constitution were also provided, 6 conclusions about review of the Constitution and one conclusion - about ascertaining of the circumstances justifying dissolution of Parliament are requested.

Appealed to the Constitutional court: The president of the Republic Moldova8 of addresses, the Government - 2 addresses, the Highest trial chamber - 2 addresses, the Attorney-General - 7 addresses, deputies of Parliament of 65 addresses, parliamentary lawyers - 3 addresses, Central Election Commission - 3 statements for recognition of the mandate of the deputy of Parliament.

In essence 39 addresses are authorized, 45 resolutions (including 10 resolutions concerning activities of the Constitutional court), 23 determinations and 3 conclusions at the initiative of review of the Constitution, one conclusion about ascertaining of the circumstances justifying dissolution of Parliament are accepted. In 5 resolutions interpretation of some provisions of the Constitution is this. 16 laws, 1 resolution of Parliament, 4 orders of the Government - only 21 acts are acknowledged unconstitutional, fully or partially. For year the Court recognized as the elite as deputies of Parliament of 4 candidates.

The court reviewed one resolution, accepted 5 determinations about suit abatement about control of constitutionality of some regulations. To consideration on the merits 38 addresses were not accepted.

The provided table reflects in figures activities of the Constitutional court for 6 years and is the evident certificate of important role of Court in the course of creation of the constitutional state.

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