of October 27, 2009 No. 18
About interpretation of provisions of Art. 90 of the h. (1) and (2), Art. 91 and Art. 135 of the h. (1) item f) Constitutions
Name of the Republic of Moldova
Constitutional court in structure:
Elena SAFALERU is judge, the chairman
Alina YANUCHENKO is judge
Victor PUSKAS is judge-speaker
Petra RAJLJAN - the judge
Valeria SHTERBETS is judge
the secretary of meeting Alena Balaban, with the assistance of the representative of the author of the address Sergey Syrbu, being guided by Art. 135 of the h. (1) item b) Constitutions, Art. 4 of the h. (1) item b) Law on the Constitutional court, Art. 4 of the h. (1) item b) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on interpretation of provisions of Art. 90 of the h in open plenary meeting. (1) and (2), Art. 91 and Art. 135 of h (1) item f) Constitutions.
The appeal of parliamentary fraction of Communist Party of the Republic of Moldova provided on September 15, 2009 according to Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.
The address was accepted determination of the Constitutional court of September 17, 2009 to consideration on the merits and is included in the agenda.
During preliminary consideration of the address the Constitutional court requested the points of view of department of the constitutional and administrative law of the Moldavian state university, Institute of history, the state and the right of Academy of Sciences of the Republic of Moldova, Scientific and advisory council in case of the Constitutional court.
Having considered case papers, having heard the message of the judge-speaker and arguments of the representative of the author of the address, the Constitutional court established:
1. On September 11, 2009 the President of the Republic of Moldova submitted to Parliament the resignation. In the same day the Parliament took into consideration the resignation, announced position of the President of the Republic of Moldova vacant and accepted the resolution on assignment on the Chairman of the parliament of temporary fulfillment of duties of the President.
In the address provided to the Constitutional court the parliamentary fraction of Communist Party of the Republic of Moldova asks to give interpretation of provisions of Art. 90 of the h. (1) and (2), Art. 91 and Art. 135 of the h. (1) the item f) Constitutions for explanation of the following aspects:
1. The conclusion of the Constitutional court about ascertaining of the circumstances justifying temporary fulfillment of duties of the President of the Republic of Moldova in case of resignation is obligatory or advisory?
2. In what sequence the Parliament and the Constitutional court in case of resignation of the President of the Republic of Moldova and emergence of temporary fulfillment of duties of the President is effective?
3. Since what moment there comes need of temporary fulfillment of duties of the President of the Republic of Moldova and who shall fulfill duties of the head of state after recognition of position of the President vacant before establishment of temporary execution of its obligations?
4. Whether the acting president shall conform to requirements of Art. 78 of h (2) Constitutions?
In the address the parliamentary fraction stated own point of view on the provisions providing resignation of the President, emergence of vacancy of position of the President and ensuring temporary fulfillment of duties of the President, having correlated them to specific situation of September 11, 2009.
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