RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 14, 2025 No. 4

About control of constitutionality of article 21 of the Law on special legal status of Gagauzia and Articles 25 of h (3) and 26 Laws on Prosecutor's office (candidate screen to positions of the chief prosecutor and prosecutor of Prosecutor's office of ATO Gagauzia) (the address No. 44 and / 2025)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, Chairman,

Viorika PUYKA,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge, Anna Floryan,

in view of the address,

registered on January 29, 2025,

having considered the specified address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room on April 14, 2025,

issues the following decree:

Procedure questions

1. The address submitted to the Constitutional court on January 29, 2025 the Attorney-General of the Republic of Moldova, Ion Muntyanu according to the procedure of Article 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Article 25 of the item f) the Law on the Constitutional court and Article 38 of h (1) the item f) the Code of the constitutional jurisdiction.

2. The author of the address asks the Constitutional court to check constitutionality of article 21 of the Law No. 344 of December 23, 1994 on special legal status of Gagauzia and Articles 25 of h (3) and 26 Laws No. 3 of February 25, 2016 on Prosecutor's office.

3. During consideration of the case the Constitutional court requested opinion of the Government, Parliament, the President of the Republic of Moldova, the Supreme council of prosecutors and Institute of criminal reforms.

4. The author of the address, the Attorney-General Ion Muntyanu participated in open sitting of the Constitutional court. The parliament was represented by Valeriu Kuchuk. The government was represented by Eduard Serbenko. The supreme council of prosecutors its chairman represented, Dumitra Obade.

Applicable legislation

5. Applicable provisions of the Constitution:

Article 1. State Republic of Moldova

"[…]

(3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed".

Article 6. Separation and interaction of the authorities

"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions".

Article 7. The constitution - the supreme law

"The constitution of the Republic of Moldova is its supreme law. Any law or other legal act contradicting Constitution provisions have no legal force".

Article 16. Equality

"(1) the Respect and protection of the personality constitute paramount obligation of the state.

(2) All citizens of the Republic of Moldova are equal before the law and the authorities irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin".

Article 111. Autonomous territorial entity Gagauzia

"(1) Gagauzia is autonomous territorial entity with special status as form of self-determination of Gagauz, being compound and integral part of the Republic of Moldova which independently, within the competence, according to provisions of the Constitution of the Republic of Moldova, resolves issues of political, economic and cultural nature for the benefit of all population.

(2) in the territory of the autonomous territorial entity Gagauzia all rights and freedoms provided by the Constitution and the legislation of the Republic of Moldova are guaranteed.

(3) In the autonomous territorial entity Gagauzia also executive authorities according to the law are effective representative.

(4) Earth, subsoil, the waters, plant and animal life, other natural resources which are in the territory of the autonomous territorial entity Gagauzia are property of the people of the Republic of Moldova and at the same time economic basis of Gagauzia.

(5) the Budget of the autonomous territorial entity Gagauzia is created according to the regulations established by the organic law regulating special status of Gagauzia.

(6) Control of compliance with law of the Republic of Moldova in the territory of the autonomous territorial entity Gagauzia is exercised by the Government according to the law.

(7) Changes in the organic law regulating special status of the autonomous territorial entity Gagauzia are accepted three fifth voices of the elected deputies of Parliament".

Article 124. Prosecutor's office

"(1) the Prosecutor's office is the independent public organization in system of judicial authority promoting justice implementation, protection of the rights, freedoms and legitimate interests of the personality, society and state by means of criminal proceedings and other productions provided by the law.

(2) Powers of prosecutor's office are performed by prosecutors.

(3) Competences, the procedure for the organization and activities of prosecutor's office are established by the law".

Article 125. Prosecutor

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