RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of March 11, 2024 No. 8

About control of constitutionality of the Law No. 52 of March 16, 2023 on execution of the conclusions of some resolutions of the Constitutional court (the address No. 94a/2023 of)
(Extraction)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Viorika Puyka,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Christina Kikhay,

in view of the address,

registered on March 28, 2023,

having considered the specified 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 of deputies of Parliament of the Republic of Moldova of Zinaida Grechany, Vlad Batryncha and Vladimir Voronin brought into the Constitutional court on March 28, 2023 according to provisions of Art. 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Art. 25 of the item g) the Law on the Constitutional court No. 317 of December 13, 1994 and Art. 38 of h (1) the item g) the Code of the constitutional jurisdiction No. 502 of June 16, 1995.

2. Authors of the address ask the Constitutional court to check constitutionality of the Law No. 52 of March 16, 2023 on execution of the conclusions of some resolutions of the Constitutional court.

3. The parliament of the Republic of Moldova adopted the disputed law on March 16, 2023 in pursuance of the conclusions of some resolutions of the Constitutional court. In fact, the disputed law provides to replace in the text of the regulations adopted by Parliament of the Republic of Moldova, the word "Moldavian language", "state language", "official language" and "native language" the words "Romanian".

4. Besides, the law recognizes obsolete the provisions "functioning on the basis of Latin graphics" in h (1) Art. 13 of the Constitution and "on the basis of Latin graphics" in h (2) and h (3) Art. 6 of the Law on basic provisions of special legal status of settlements of left bank of Dniester (Transnistria).

5. Determination of the Constitutional court of October 31, 2023, without decision in essence, the address was acknowledged acceptable.

6. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova and the Government.

7. Representatives of Parliament and Government – Rada Rada and, respectively, Eduard Serbenko participated in open sitting of the Constitutional court.

APPLICABLE LEGISLATION

8. Applicable provisions of the Constitution:

Article 13

State language, functioning

other languages

"(1) the State language of the Republic of Moldova is the Romanian functioning on the basis of Latin graphics.

(The State recognizes 2) and protects the right to preserving, development and functioning of Russian and other languages used in the territory of the country.

(3) the State promotes studying of languages of the international communication.

(4) the Procedure for functioning of languages in the territory of the Republic of Moldova is established by the organic law".

Article 72

Types of the laws

"(1) the Parliament adopts the constitutional, organic and ordinary laws.

(2) the Constitutional laws are the laws on review of the Constitution.

(3) are regulated by the Organic law:

[…]

p) other areas on which the Constitution provides adoption of the organic laws;

r) other areas, on which Parliament acknowledged necessary adoption of the organic laws.

[…]".

9. Applicable provisions of the Law No. 52 of March 16, 2023 on execution of the conclusions of some resolutions of the Constitutional court:

"In view of that the interpretation this to the constitutional provisions has official and binding character for all subjects of legal relations, and acts of the Constitutional court of interpretation of the constitutional regulations have force of the law and are obligatory owing to the conclusions on which they rely, for all constitutional bodies of the Republic of Moldova, and also owing to obligation of execution of the conclusions stated

in Items 119-124 of the Resolution of the Constitutional court on interpretation of Article 13 of the h. (1) Constitutions in the ratio with the Preamble of the Constitution and the Declaration on independence of the Republic of Moldova No. 36/2013,

in Items 37 and 38 of the Resolution of the Constitutional court on control of constitutionality of the Law No. 234 of December 16, 2020 on functioning of languages in the territory of the Republic of Moldova No. 4/2021,

in the Conclusion of the Constitutional court under the bill of change of Art. 13 of the Constitution of the Republic of Moldova No. 3/2017,

The Parliament adopts this organic law.

Art. I. – In the text of the regulations adopted by Parliament:

the words "Moldavian language" shall be replaced with words "Romanian" in the corresponding case;

the words "state language", "official language" and "native language" if the state language of the Republic of Moldova means shall be replaced with words "Romanian" in the corresponding case.

Art. II. – Recognize obsolete words", functioning on the basis of Latin graphics" in part (1) article 13 of the Constitution of the Republic of Moldova and the word "on the basis of Latin graphics" in parts (2) and (3) article 6 of the Law on basic provisions of special legal status of settlements of left bank of Dniester (Transnistria) No. 173/2005.

Art. III. – In the subitem and) Item 1 and in Item 2 of the Resolution of Parliament on days of remembrance, holidays and days of rest in the Republic of Moldova No. 433/1990, with subsequent changes, and in Item i) parts (1) Article 111 of the Labor code of the Republic of Moldova No. 154/2003 (The official monitor of the Republic of Moldova, 2003, Art. No. 159-162, 648), with subsequent changes, words "Limb ноастрэ" shall be replaced with words "Day of Romanian".

Art. IV. – This law becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Art. V. – To the bodies of the public power having powers of acceptance, approval or edition of subordinate legislations from the date of entry into force of this law to make the changes following from it to 30-day time.

Ст.VI. – In 30-day time from the date of entry into force of this law to provide to the agency of legal information resources in the Information system "State Register of Legal Acts" entering of the changes following from it into all legislation of the Republic of Moldova, including into the Constitution of the Republic of Moldova".

POINTS OF LAW

I. Arguments of authors of the address

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