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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 16, 2003 No. 2

About approval of the Report on implementation of the constitutional jurisdiction in 2002

Name of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman, the judge-speaker

Mircha of the SOUTH - the judge

Konstantin LOZOVANU is judge

To Dumitr PULBERE - the judge

Elena SAFALERU is judge

Ion VASILATI is judge with the assistance of Maya Tsurkan, the secretary of meeting, according to Art. 10 and Art. 23 of the h. (2) the Law on the Constitutional court, Art. 5 of the item i) and Art. 80 of the Code of the constitutional jurisdiction the Report on implementation of the constitutional jurisdiction in 2002 considered in plenary meeting.

Being guided by provisions of Art. 26 of the Law on the Constitutional court, Art. 61 of the h. (1) and Art. 62 of the item f) the Code of the constitutional jurisdiction, the Constitutional court DECIDES:

1. Approve the Report on implementation of the constitutional jurisdiction in 2002 it (is applied).

2. Send the report to Parliament, the President of the Republic of Moldova, the Government and the Supreme council of magistracy.

3. This resolution is final and together with the report is published in "Monitorul Oficial al Republicii Moldova".

 

Chairman of the Constitutional court

Victor Puskas

Approved by the Resolution of the Constitutional court of January 16, 2003, No. 2

The report on implementation of the constitutional jurisdiction in 2002

In 2002 in the Constitutional court 51 address with request about control of constitutionality of 23 laws, two resolutions of Parliament, 11 orders of the Government, about making two conclusions on review of the Constitution arrived. 12 addresses brought into the Constitutional court in 2001 were also considered.

The highest trial chamber provided two appeals, deputies of Parliament - 25 addresses, parliamentary lawyers - 21 address, Central Election Commission - three addresses about recognition of five mandates of deputies of Parliament.

It is authorized on the substance of 20 addresses, 51 resolutions, including 35 resolutions on the questions relating to functional powers of court are accepted. Four conclusions at the initiative of review of the Constitution are drawn. 11 laws, one resolution of Parliament and three orders of the Government - only 15 acts are acknowledged unconstitutional, fully or partially. Nine laws are acknowledged constitutional, fully or partially.

The court took out six determinations about suit abatement about control of constitutionality of some regulations. 21 address are not accepted to consideration on the merits.

11 special opinions under the accepted resolutions, the conclusions and determinations on suit abatement are stated.

I. CONTROL of CONSTITUTIONALITY of REGULATIONS (Art. 135 of h (1) item and) Constitutions)

Constitutional court, being the only thing, body of the constitutional jurisdiction, independent of any other public power, provides rule of the Constitution, is guarantor of democratic functioning of the state according to the constitutional provisions and the principles.

The main activities of the Constitutional court consist in control of constitutionality of the acts proceeding from Parliament, the President of the Republic of Moldova and the Government in aspect of ensuring compliance with the constitutional values in the course of lawmaking.

In pursuance of this power on February 19, 2002 the Constitutional court considered constitutionality of the Resolution of Parliament of N807-XV of February 5, 2002 "About setting a date of general local election" which broke some regulations of Art. 112 of the Constitution on the authorities of local public authority performing local autonomy in villages and the cities and the provisions of Art. 38 of the Constitution providing that free elections are held periodically on the basis of general equal and direct suffrage in case of secret and free vote, - and recognized it unconstitutional (The court order N10 of February 19, 2002) *.

In the resolution the Constitutional court noted that the Resolution of Parliament N807-XV attracts the consequence in law restraining the constitutional mode. Appointing general local election to April 7, 2002, Parliament, de jure and de facto, interrupted operation of the mandate of the local advisers elected for a period of four years. The constitution and the current legislation do not give Parliament the right to interrupt operation of the mandate of local elected persons. The right to accept resolutions on setting a date of general or early local election, the Parliament having no right according to Art. 54 of the h given the law on elections. (1) Constitutions to abolish or diminish the rights and fundamental freedoms of man and citizen.

March 14, 2002 The constitutional court subjected to constitutionality control number of provisions of the Law N781-XV of December 28, 2001 "About modification and amendments in the Law N186-XIV of November 6, 1998 "About local public authority" (The court order N13 of March 14, 2002). **

Having analyzed content of the questions which are brought up in addresses, the Constitutional court stated that they treat functions, the rights and obligations of bodies of local public authority and the basic concepts which are regulated by the challenged provisions of the Law N781-XV of December 28, 2001 "About modification and amendments in the Law on local public authority of N186-XIV of November 6, 1998".

In the resolution the Constitutional court noted that the Supreme law does not contain the rules applied differentially to bodies of local public authority and that according to basic provisions by which it is necessary to be guided the relations between the local public authorities are based on the principles of autonomy, legality and cooperation in the solution of general questions.

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