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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 10, 2021 No. 17

About control of constitutionality of the Law No. 193 of December 20, 2019 on modification of some legal acts and Resolutions of Parliament No. 53 of March 17, 2020 about appointment of high councilors of magistracy (change of structure of the Supreme council of magistracy) (the address No. 163a/2020 of year)

Name of the Republic of Moldova,

Constitutional court in structure:

Domnika MANOLE, chairman,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge Dumitra Avornik,

in view of the address,

registered on October 28, 2020,

having considered this address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address brought into the Constitutional court on October 28, 2020 by deputies of Parliament of the Republic of Moldova Serdzhiu Litvinenko and Veronika Roshka according to the procedure of Article 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Article 25 of the item g) the Law No. 317 of December 13, 1994 on the Constitutional court and Article 38 of h (1) the item g) the Code of the constitutional jurisdiction No. 502 of June 16, 1995. Authors provided amendments to the address on January 29, 2021 and on March 10, 2021.

2. Authors of the address ask the Constitutional court to check constitutionality of some provisions of item 1 of the Art. I of the Law No. 193 of December 20, 2019 on modification of some legal acts, and also Resolutions of Parliament No. 53 of March 17, 2020 about appointment of high councilors of magistracy. During the open plenary meeting of the Constitutional court the author of the address Serdzhiu Litvinenko asked to check constitutionality of the Law No. 193 of December 20, 2019 in general.

3. Determination of the Constitutional court of February 2, 2021, without decision in essence, the address was acknowledged acceptable. As for the statement of the representative of Parliament for removal from consideration of the address because of the expiration of six-months term of its permission, the Constitutional court noted that if to grant the similar application, it would deprive of content the idea of the constitutional control. The agenda of the Constitutional court is excessively loaded by very difficult cases and observance of six-months term which was regulated by the organic law before implementation of institute of exceptional case of illegality, according to current procedure it is actually impossible. Moreover, the procedure of removal from consideration of the address for the reason to which the representative of Parliament refers, is not provided by the Constitution and special laws regulating activities of the Constitutional court.

4. During consideration of the case the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government, Institute of legal, political and social researches, the Supreme council of the Magistracy, Association of judges of Moldova, Vocea Justitiei Association, faculty of the right of the State university of Moldova and faculty of the right of the International independent university of Moldova.

5. At open session of the Constitutional court there was author of the address Serdzhiu Litvinenko, the representative of Parliament Valeriu Kuchuk.

Actual circumstances

6. The government accepted on December 4, 2019 the Resolution No. 611 on the bill on introduction of amendments to the Law No. 947/1996 on the Supreme council of magistracy and representation to its Parliament for consideration.

7. The bill provided by the Government was registered on December 5, 2019 in the Secretariat Parlamenta1.

8. On the same day the Parliament gathered for plenary meeting and considered the bill in the first reading. The bill provided Rada Foltya, the former state secretary of the Ministry of Justice, and deputies asked questions and received answers under the considered bill. In conclusion, most of the deputies who were present at meeting voted for the bill [see the shorthand report of plenary session of Parliament of December 5, 2019 of 2, of p. 125-145].

9. The order of the Government No. 611 about the bill on introduction of amendments to the Law No. 947/1996 on the Supreme council of magistracy became effective on December 6, 2019 in day of its publication in the Official monitor of the Republic of Moldova No. 360-366, of Art. 924.

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