RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 30, 2024 No. 4

About exceptional case of illegality of Article 44 of h (5) the Law No. 288 of December 16, 2016 on the government employee with special status of the Ministry of Internal Affairs
(Extraction)

(the termination of the office relations with the government employee with special status in case of its election on elective office)
(address No. 179g/2023 of)

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 Sorin to Muntyan,

in view of the address,

registered on July 11, 2023,

having considered this address in open session,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree:

Procedure questions

1. The address about exceptional case of illegality of h formed the basis for consideration of the case (5) article 44 of the Law No. 288 of December 16, 2016 on the government employee with special status of the Ministry of Internal Affairs declared by the lawyer Anna Nani for the benefit of Aurelia Temtschuk, party litigants No. 3-358/2023, being in production the vessels Chisinau, the sector Ryshkan.

2. The appeal about exceptional case of illegality was sent in the Constitutional court by the judge in court of Chisinau, the sector Ryshkan, Vitaly Chumak, according to the procedure of Article 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of October 26, 2023, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government and the National lawyer.

5. Were present at open session of the Constitutional court: representative of the author of the address, lawyer to Alexander Yakimchuk, representative of Parliament, Valeriu Kuchuk, and representative of the Government, Ulyana Bedereu.

...

On these bases, being guided by Articles 135 of h (1) the item and) and the item g), 140 h (2) Constitutions, article 26 of the Law on the Constitutional court, Articles 6, of 61, of 62 items and) and 68 Codes of the constitutional jurisdiction, the Constitutional court DECIDES:

1. Recognize reasonable the address about the exceptional case of illegality declared by the lawyer Anna Nani for the benefit of Aurelia Temtschuk, party litigants No. 3-358/2023, being in production the vessels Chisinau, the sector Ryshkan.

2. Recognize unconstitutional part (5) article 44 of the Law No. 288 of December 16, 2016 on the government employee with special status of the Ministry of Internal Affairs.

3. Before entering of changes by Parliament into the law, condition of incompatibility of the government employee with special status of the Ministry of Internal Affairs elected to elective office is eliminated by suspension of the office relations.

4. This resolution is final, is not subject to appeal, becomes effective from the date of acceptance and is published in "Monitorul Oficial al Republicii Moldova".

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