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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 12, 2007 No. 1

About approval of the Report on implementation of the constitutional jurisdiction in 2006

Name of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman, the judge-speaker

Alina YANUCHENKO is judge

Mircha of YUGA - the judge

To Dumitr PULBERE - the judge

Elena SAFALERU is judge

Ion VASILATI is judge with the assistance of Maya Laur, the secretary of meeting, the head of the secretariat Victor Rusu, based on 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 2006 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 2006.

2. This resolution is final, together with the report is published in "Monitorul Oficial al Republicii Moldova" and goes to competent authorities.

 

Chairman of the Constitutional court

Victor Puskas

Approved by the Resolution of the Constitutional court of January 12, 2007, No. 1

The report on implementation of the constitutional jurisdiction in 2006 provided based on Art. 80 of the Code of the constitutional jurisdiction

I. STATISTICAL DATA OF IMPLEMENTATION OF THE CONSTITUTIONAL JURISDICTION IN 2006

Last year 30 addresses with request about control of constitutionality of regulations (19 laws and one resolution of Parliament, 7 orders of the Government), two addresses - about interpretation of the Constitution and one address - about review of the Constitution were brought into the Constitutional court. Also 3 addresses from 32 provided in 2005 are considered.

Deputies of Parliament provided 21 address. The government provided the bill on change of Art. 46 of the h for making the conclusion. (3) Constitutions. Two addresses arrived from parliamentary lawyers, one address about exceptional case of illegality - from the Highest trial chamber, the Attorney-General and the Minister of Justice provided according to one address. From Central Election Commission 3 ideas of recognition of mandates of 4 deputies of Parliament arrived.

From 12 regulations 2 subjected to the constitutional control were recognized as unconstitutional. Unconstitutional 3 precepts of law and constitutional - 20 precepts of law are acknowledged.

The constitutional court accepted 23 resolutions, including 13 resolutions on the questions which are within the functional competence of court.

The court drew one conclusion under the bill on change of Art. 46 of the h. (3) Constitutions.

Two proceeedings in connection with ascertaining of equality of votes were stopped.

Are not accepted to consideration on the merits of 11 addresses, including 5 - determinations.

Under the acts adopted by the Constitutional court 6 special opinions are stated.

One representation is directed to parliament.

For January 1, 2007 remained the unconsidered 8 addresses provided in November-December, 2006.

1.1. Art. 135 of the h. (1) item and) Constitutions

(Control of constitutionality of the laws and resolutions of Parliament)

On January 24, 2006 according to the addresses provided by the deputy of Parliament, the Constitutional court subjected to the constitutional control some provisions of the Law N 283-XV of July 4, 2003 "About private detective and security activities", the Regulations on conditions of preparation, retraining and employee assessment of the private security organizations approved by the Order of the Government N 667 of July 8, 2005 "About measures for implementation of the Law N 283-XV of July 4, 2003 on private detective and security activities" (appendix N 2), and syntagmas "in bank institutions", "the companies with the prevailing share of state-owned property" from appendix to the Order of the Government N 1510 of December 12, 2003 "About approval of the list of objects which protection cannot be performed by the private security organizations" (the Resolution N 21).

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