RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of September 28, 2004 No. 22

About control of constitutionality of the Order of the Government No. 1209 of October 9, 2003 "About approval of the Regulations on representation of the Republic of Moldova in working bodies of Committee of Ministers of the Council of Europe" *

Name of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman, the judge-speaker

Alina YANUCHENKO 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, the deputy of Parliament Mihai Petrake, the author of the address, representatives of the Government: Nicolae Eshana, the deputy minister of justice, and Serdzhiu Stati, the deputy minister of foreign affairs, being guided by Art. 135 of the h. (1) item and) Constitutions, Art. 4 of the h. (1) item and) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered in open plenary meeting case on control of constitutionality of the Order of the Government N1209 of October 9, 2003 "About approval of the Regulations on representation of the Republic of Moldova in working bodies of Committee of Ministers of the Council of Europe".

The address of the deputy of Parliament Mihai Petrake provided on May 21, 2004 according to Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

The address was accepted determination of the Constitutional court of June 10, 2004 to consideration on the merits.

During preliminary consideration of the address the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Ministry of Justice, the Ministry of Foreign Affairs, the Prosecutor General's Office.

Having considered case papers, having heard the message of the judge-speaker and arguments of participants of meeting, the Constitutional court established:

1. On October 9, 2003 the Government accepted the Resolution N1209 "About Approval of the Regulations on Representation of the Republic of Moldova in Working Bodies of Committee of Ministers of the Council of Europe" (further - the Resolution N 1209).

As appears from preamble, the Resolution N1209 was accepted for the purpose of ensuring effective participation of the Government in activities of working bodies of Committee of Ministers of the Council of Europe (further - Committee of Ministers), increases in level of coordinating of activities of the ministries and other central specialized bodies in the field of interaction of the Republic of Moldova with the Council of Europe.

The provision accepted by the Resolution N 1209, determines procedure for representation of the Republic of Moldova at the European ministerial conferences, in the European committees, committees of directors, expert committees, working groups and other bodies created based on decisions of Committee of Ministers of the Council of Europe and also procedure for appointment and participation of government experts of the Republic of Moldova in work of data of bodies.

2. The author of the address considers that the Order of the Government N1209 contradicts Art. 6 and Art. 102 of the Constitution and that the text of the Provision approved by the Resolution N 1209, contains primary precepts of law which have general, binding and not individualized character. According to Art. 102 of the Constitution of the order of the Government are accepted for the organization of execution of the laws, they cannot contain, according to the author, primary precepts of law as submit to the laws adopted by Parliament.

In the address it is noted also that neither the Constitution, nor any other law allocates the Government with the right to accept the resolution for regulation of the relations in the field of foreign policy and, in particular, representation of the Republic of Moldova in working bodies of Committee of Ministers.

3. Having considered the disputed regulations regarding compliance to provisions of the Supreme law, the national legal system and international law, the Constitutional court established the following.

The cooperation of the state with the international organizations is component of its foreign policy and one of the main objectives of bodies of the central public management.

Based on the power conferred to Art. 66 of the item d) Constitutions, Parliament approves the main directions of foreign policy of the state. So, for implementation of this power the Parliament approved by the Resolution N368-XIII of February 8, 1995 the Concept of foreign policy of the Republic of Moldova **.

According to Art. 96 of the h. (1) the Government as executive body provides to the Constitution carrying out foreign policy of the state. The law N64-XII of May 31, 1990 "About the Government" ***, with subsequent changes, determines in Art. 3 of the item 15) that one of the main activities of the Government is implementation of foreign policy according to the competence. The same law Article 10 of the item 6) allocates the Government with competence to provide realization of foreign policy of the Republic of Moldova, and Article 18 of the item 2) and the item 5) obliges him to establish multilateral connection of the Republic of Moldova with the international organizations, providing carrying out single and consecutive rate in the field of foreign policy.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info