of August 3, 2010 No. 18
About interpretation of provision of Art. 80 of the h. (4) Constitutions
Name of the Republic of Moldova
Constitutional court in structure:
To Dumitr PULBERE - the chairman, the judge-speaker
Petra RAJLJAN - the judge
Elena SAFALERU is judge,
Valeria SHTERBETS is judge
the secretary of meeting - Dina Mustyatsa, with the assistance of the deputy of Parliament Ion Pleshki, the author of the address, the permanent representative of the Government in the Constitutional court, George Susarenko, the permanent representative of Parliament in the Constitutional court, Jonah Kryange, the representative of the acting president of the Republic of Moldova, Marianna Sekeryanu, being guided by Art. 135 of the h. (1) item b) Constitutions, Art. 4 of the h. (1) item b) Law on the Constitutional court, Art. 4 of the h. (1) item b) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on interpretation of provision of Art. 80 of the h in open plenary meeting. (4) Constitutions of the Republic of Moldova.
The address of the deputy of Parliament Ion Pleshki provided on July 16, 2010 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 July 20, 2010 to consideration on the merits and is included in the agenda.
Having considered case papers, having heard the message of the judge-speaker and arguments of the representative of the author of the address, the Constitutional court at with t and N about in and l:
1. In the address provided to the Constitutional court the deputy of Parliament Ion Pleshka asks to give interpretation of provision of Art. 80 of the h. (4) Constitutions in combination with the constitutional provisions of Art. 90 of the h. (1) "About vacancy of position" and Art. 91 "About temporary fulfillment of duties of the President" about opportunity for person holding position of the President of the Republic of Moldova two terms in a row to stand for new term if, after the expiration of the second term of office, the position of the President became vacant and temporary execution of its obligations was assigned to the Chairman of the parliament.
Also the author of the address asks the Constitutional court to speak concerning consequences of possible change of Art. 78 of the Constitution in view of election of the President of the country on the basis of general, equal and direct suffrage in case of secret and free vote regarding application of Art. 80 of the h. (4) Constitutions.
2. Having considered the questions stated in the address, the Constitutional court notes that establishment of exact sense of the constitutional provisions, according to Art. 135 of the h. (1) the item b) Constitutions, is within the exclusive competence of body of the constitutional jurisdiction and it is directed to elimination of the legal and political disagreements arising in connection with understanding and application of regulations of the Constitution.
For explanation of authentic content of provision of Art. 80 of the h. (4) Constitutions, the Constitutional court will operate with Art. provisions 77, of 78, of 80, of 89, of 90, of 91, 135 Constitutions, and also the previous resolutions, and uses all existing methods of legal interpretation.
3. According to Art. 80 of the h. (4) Constitutions "the same person more than two terms in a row cannot hold position of the President of the Republic of Moldova".
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