of May 24, 2012 No. 7
About control of constitutionality of some provisions of the Law No. 1234-XIV of 22.09.2000 on the procedure of election of the President of the Republic of Moldova (the Address No. 1a/2012)
Name of the Republic of Moldova
Constitutional court in structure:
To Alexander TENASE, chairman,
Victor PUSKAS, judge-speaker,
Valeria SHTERBETS, judges,
with the assistance of Dina Mustyatse, court session secretary,
in view of the address provided and registered on January 27, 2012
having considered the specified address in open plenary meeting,
considering acts and case papers,
issues the following decree:
POINTS OF ORDER
1. The address of the deputy of Parliament Mihai Godya brought into the Constitutional court on January 27, 2012 based on Art. 135 of the h formed the basis for consideration of the case. (1) item and) Constitutions, Art. 25 of the h. (1) item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions of the Law No. 1234-XIV of 22.09.2000 on the procedure of election of the President of the Republic of Moldova, accepted to consideration on the merits by determination of February 6, 2012.
2. The author of the address believes that provisions of Art. 5 of the h. (6), Art. 6 of the h. (2), (3) and (4), Art. 9 of the h. (1) and (7) and Art. 10 of the h. (3) the Law No. 1234 contradict provisions of Art. 1 of the h. (3), Art. 2 of the h. (2), Art. 7, Art. 15, Art. 68 of the h. (1), Art. 72, Art. 78, Art. 135 of the h. (1) item b) and Art. 140 of the Constitution of the Republic of Moldova.
3. During consideration of the address the Constitutional court had the conclusions of Parliament, the President of the Republic of Moldova, the Government, Ministry of Justice, department of constitutional right and the administrative right of the Moldavian state university.
4. The author of the address deputy of Parliament Mihai Godya participated in open plenary meeting of the Constitutional court. The parliament was provided by the deputy chief of legal management of the Secretariat of Parliament Victor Morgoch. The government was provided by the deputy minister of justice Vladimir to Gross.
5. In open plenary meeting of May 17, 2012 the author of the address requested suit abatement regarding control of constitutionality of provisions of Art. 9 of the h. (1) the Law No. 1234-XIV of 22.09.2000 on the procedure of election of the President of the Republic of Moldova, having refused the requirements.
6. Applicable provisions of the Constitution (M.O. No. 1/1, 1994 of):
Article 1 State Republic of Moldova
"[...] (3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed." Article 2 Sovereignty and government
"[...] (2) Any individual, any part of the people, any social group, any political party or other public association cannot perform the government on its own behalf. Usurpation of the government is worst crime against the people."
Article 7 the Constitution - the supreme law
"The constitution of the Republic of Moldova is its supreme law. Any law or other legal act contradicting Constitution provisions have no legal force."
Article 15 Universality
"Citizens of the Republic of Moldova have the rights and freedoms set by the Constitution and other laws and have the obligations provided by them."
Article 68 Representative mandate
"(1) In case of execution of the mandate deputies are on service of the people. [...]"
Article 72 Types of the laws
"(1) the Parliament adopts the constitutional, organic and ordinary laws.
(2) the Constitutional laws are the laws on review of the Constitution.
(3) are regulated by the Organic law:
a) the electoral system;
b) organization and holding referendum;
c) organization and activities of Parliament;
d) organization and activities of the Government;
e) organization and activities of the Constitutional court, the Supreme council of magistracy, degrees of jurisdiction, administrative court;
f) organization of local authority, territory, and also general regime of local autonomy;
g) organization and activities of political parties;
h) procedure for creation of the special economic zone;
i) general legal regime of property and inheritance;
j) general regime of employment relationships, labor unions and social protection;
k) general organization of education;
l) general regime of religious cults;
m) mode of emergency, obsidional and warlike situation;
n) offenses, punishments and mode of serving of punishments;
o) announcement of amnesty and pardon;
p) other areas on which the Constitution provides adoption of the organic laws;
r) other areas, on which Parliament acknowledged necessary adoption of the organic laws."
Article 78 Presidential elections
"(1) the President of the Republic of Moldova is elected by Parliament secret vote.
(2) the citizen having the right to choose, who reached 40-year age, living or living in the territory of the Republic of Moldova at least 10 years and knowing state language can be elected the President of the Republic of Moldova.
(3) the candidate who recruited the elected deputies three fifth voices is considered the Electee. If any of candidates did not gain necessary number of votes, the second round of vote on the first two candidates established in decreasing order of poll, received in the first round is held.
(4) If in the second round of vote any of candidates did not gain necessary number of votes, repeated elections are held.
(5) If after repeated elections the President of the Republic of Moldova is not elected, the incumbent president dismisses Parliament and appoints date of elections of new Parliament.
(6) the Procedure of election of the President of the Republic of Moldova is established by the organic law."
Article 85 Dissolution of Parliament
"(1) in case of impossibility of forming of the Government or blocking within three months of adoption of the laws the President of the Republic of Moldova after consultations with parliamentary fractions has the right to dismiss Parliament.
(2) the Parliament can be dismissed if it did not express vote of confidence to the Government in 45-day time after introduction of the offer, and only after offer variation at least two times.
(3) Within one year the Parliament can be dismissed once.
(4) the Parliament cannot be dismissed in the last six months before the expiration of powers of the President of the Republic of Moldova, except for the case provided by part (5) Articles 78, and also during action of emergency, obsidional or warlike situation.
Article 90 Vacancy of Position
"[...] (4) In two-month time after the position of the President of the Republic of Moldova becomes vacant, according to the law elections of the new President are held."
Article 135 of Power
"(1) Constitutional court: [...]
b) gives interpretation of the Constitution; [...]
Article 140 of the Solution of the Constitutional court
"(1) the Laws and other regulations or their parts void from the moment of acceptance by the Constitutional court of the relevant decision.
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