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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 13, 2007 No. 2

About control of constitutionality of provision of the Law No. 25-XVI of February 16, 2006 "About modification and amendments in article 24 of the Law on the Government No. 64-XII of May 31, 1990"

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, Andrey Volentir, the representative of the author of the address Igor Klipy, Ion Mytsu, the permanent representative of Parliament in the Constitutional court, Nicolae Eshana, the permanent representative of the Government in the Constitutional court, 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 provision of the Law N25-XVI of February 16, 2006 "About modification and amendments in article 24 of the Law on the Government of N64-XII of May 31, 1990" 1.

The address of the deputy of Parliament Igor Klipy provided on November 28, 2006 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 December 4, 2006 to consideration on the merits.

During preliminary consideration of the address the Constitutional court had the points of view of Parliament, the President of the Republic of Moldova, the Government, Ministry of Justice, Prosecutor General's Office, People's assembly of Gagauzia, the Ministry of Finance, Academy of public management in case of the President of the Republic of Moldova, department of constitutional right and the administrative right of the State university of Moldova, primeriya mun. Chisinau, primeriya mun. Belts and other bodies of administrative-territorial management of the second level.

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

The constitutional court established:

1. On February 16, 2006 the Parliament adopted the Law N25-XVI "About Modification and Amendments in Article 24 of the Law on the Government of N64-XII of May 31, 1990" (further - the Law N25-XVI). The article I of the law to article 24 of the Law on the Government of N64-XII2 (with subsequent changes) containing list of the central industry bodies of public management made addition "The ministry of local public authority".

2. In the address brought into the Constitutional court the author asks to exercise control of constitutionality of provision of the Law N25-XVI which created the Ministry of local public authority.

The author of the address considers that during creation of the Ministry of local public authority the principle of local autonomy and the right of local councils and primar to be effective according to the law as independent authorities were ignored. In his opinion, any ministry has no right to interfere with the organization and activities of bodies of local public authority, especially has no right to subordinate them to itself.

3. Having correlated the challenged provision of the Law N 25-XVI to the constitutional regulations on public management containing in the Art. 96, of the Art. 107, of Art. 109 and Art. 112, the Constitutional court notes the following.

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