LAW OF THE REPUBLIC OF MOLDOVA

of April 10, 2025 No. 74

About the Constitutional court

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Status of the Constitutional court

(1) the Constitutional court is the single body of the constitutional jurisdiction in the Republic of Moldova.

(2) the Constitutional court is independent of any other body of the public power and submits only to the Constitution.

(3) the Constitutional court guarantees rule of the Constitution, provides realization of the principle of the constitutional state and the principle of separation of the authorities in the state, guarantees responsibility of the state to the citizen and the citizen to the state.

Article 2. Principles of activities

The constitutional court performs activities on the basis of the principles of constitutionality, legality, independence, collective nature, competitiveness and transparency.

Article 3. Regulatory base of functioning

The organization, competences and the constitutional legal proceedings are regulated by the Constitution, this law and provisions approved by the Constitutional court based on the law.

Article 4. Material competence of the Constitutional court

(1) For the purpose of implementation of the activities connected with the constitutional jurisdiction, the Constitutional court performs the following functional powers:

a) exercises on demand control of constitutionality of the laws and resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government, and also international treaties which party the Republic of Moldova intends to become;

b) gives interpretation of the Constitution;

c) expresses on initiatives review of the Constitution;

d) confirms results of holding republican referenda;

e) confirms election results of Parliament and the President of the Republic of Moldova, recognizes valid mandates of deputies of Parliament and the mandate of the President of the Republic of Moldova;

f) establishes the circumstances justifying dissolution of Parliament, discharge from position of the President of the Republic of Moldova, temporary fulfillment of duties of the President, impossibility of implementation by the President of the Republic of Moldova of the powers during more than 60 days;

g) resolves exceptional cases of illegality of regulations, stipulated in Item and), according to the appeal of degrees of jurisdiction;

h) makes decisions on questions which subject is constitutionality of job lot.

(2) Control of constitutionality extends to regulations as later, and before their publication in the Official monitor of the Republic of Moldova.

Article 5. Presumption of constitutionality of regulations

Any regulation is considered constitutional until its illegality is established in the course of the constitutional jurisdiction.

Article 6. Competence limits

(1) Powers of the Constitutional court are determined by the Constitution and this law. When implementing powers the Constitutional court establishes own competence.

(2) the Competence of the Constitutional court established according to part (1), it cannot be disputed by any of bodies of the public power.

(3) In case of control of constitutionality of the disputed act the Constitutional court can accept the resolution and concerning other regulations which constitutionality fully or partially depends on constitutionality of the disputed act, after request of opinion of participants of process.

(4) When implementing the constitutional jurisdiction the Constitutional court can make in the European Court of Human Rights inquiry about issue of the advisory proceeding on the matters of principle concerning interpretation or application of the rights and fundamental freedoms provided by the Convention on human rights protection and fundamental freedoms or protocols to it.

Article 7. Obligation of accomplishment of requests of the Constitutional court

Bodies of the public power, physical persons and legal entities irrespective of type of property and form of business shall give information, submit within 15-day term documents and acts which are available for them requested by the Constitutional court for the purpose of implementation of the powers.

Article 8. Symbols

(1) In assembly hall of the Constitutional court there are Constitution, the image of the State Emblem and National flag, and also the Flag of the Constitutional court.

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