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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of July 9, 2020 No. 20

About interpretation of provisions of Art. 134 of h (1) and h (2), Art. 136 of h (3) and Art. 140 of h (2) Constitutions (addresses No. 100b/2020, No. 102b/2020 and No. 103b/2020)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Eduard Ababey,

Nicolae Roshka,

Liouba Shova,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Dumitra Avornik,

in view of addresses,

registered 23, on June 25 and 30, 2020,

having considered the specified addresses in the consultative room,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The addresses brought into the Constitutional court 23, on June 25 and 30, 2020 by deputies of Parliament of the Republic of Moldova to Serdzhiu Litvinenko (the address No. 100b/2020 of), Dean Plyngeu (the address No. 102b/2020 of) both Denis Ulanov and Sergey Syrbu (the address No. 103b/2020 of) according to Art. 135 of h (1) the item b) formed the basis for consideration of the case to the Constitution, Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction.

2. The author of the address No. 100b/2020 asks to explain the Constitutional court:

"In sense of Art. 140 of h (2) Constitutions, final nature and neosparivayemost of solutions of the Constitutional court extend only to the decisions of body of the constitutional jurisdiction passed in implementation of the judicial powers, or they extend also to the decisions passed in implementation of other powers which are accurately provided by the Constitution, in particular, on resolutions on election and/or dismissal of the Chairman of the Constitutional court - Art. 136 of h (3) Constitutions"

3. The author of the address No. 102b/2020 asks the Constitutional court to give interpretation of Art. 140 of h (2) in the ratio with provisions of Art. 134 of the h. (1) and h (2) Constitutions for the purpose of refining of the following:

"Whether 1) Has the right to regard degrees of jurisdiction of the general jurisdiction during administration of law some solutions of the Constitutional court as administrative acts, and some actions of plenum of the Constitutional court as the administrative activities performed by the Constitutional court as body of the public power?

2) In the activities the Constitutional court performs in plenum the functional powers according to the Constitution and special laws - the Code of the constitutional jurisdiction, the Law on the Constitutional court - or it is guided by also Administrative code?

3) In sense of Art. 134 of h (2) and Art. 140 of h (2) Constitutions, implementation of functional powers of the Constitutional court is subject to check from judicial authority as the representative of the government within the constitutional mechanism on implementation of the government according to the principle of separation of the authorities (Art. 6 of the Constitution) which arbitrator of observance is the Constitutional court?

Whether 4) Are subject to appeal of the resolution of the Constitutional court on election and/or dismissal of the Chairman of the Constitutional court?".

4. The author of the address No. 103b/2020 asks the Constitutional court to give interpretation of provisions of Art. 140 of h (2) in combination with provisions of Art. 136 of h (3) Constitutions of the Republic of Moldova to clear up in the following question:

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