RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of March 24, 2020 No. 7

About exceptional case of illegality of Article 15-1 of h (5) the Law No. 514 of July 6, 1995 on judicial system (selection and determination of the judge for execution of powers of the judge on criminal prosecution if any of judges did not express the consent) (the address No. 143g/2019 of year)

Name of the Republic of Moldova,

Constitutional court in structure:

Vladimir Tsurkan, chairman,

Eduard Ababey,

Domnika Manole,

Nicolae Roshka,

Liouba Shova, judges,

with the assistance of the assistant judge, Dumitra Avornik,

in view of the address,

registered on July 26, 2019,

having considered the specified address in open session,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address about exceptional case of illegality of h formed the basis for consideration of the case (5) article 15-1 of the Law No. 514 of July 6, 1995 on the judicial system declared by Victoria Sandutsa, party to the case No. 3-114/19, being in production of Appeal chamber Chisinau.

2. The address was brought into the Constitutional court on July 26, 2019 by the judicial structure of Appeal chamber Chisinau (consisting of judges - Angela Bostan, Anatoly Pakhopol and Veronika Negru), based on Art. 135 of h (1) the item and) and the item g) Constitutions.

3. The author of the address claims that the challenged provisions violate Article 116 of h (1) and h (5) Constitutions.

4. Determination of the Constitutional court of November 28, 2019, without decision in essence, the address was acknowledged acceptable.

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