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CODE OF THE CONSTITUTIONAL JURISDICTION OF THE REPUBLIC OF MOLDOVA

of June 16, 1995 No. 502-XIII

(as amended on 28-02-2020)

The parliament accepts this code.

Section I of the Basis of the constitutional jurisdiction

Chapter 1 General provisions

Article 1. Bases of the constitutional jurisdiction

The constitutional jurisdiction is performed on the basis of the Constitution, the Law on the Constitutional court and of this Code.

Article 2. Body of the constitutional jurisdiction

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

(2) the Constitutional court guarantees rule of the Constitution, provides realization of the principle of separation of the government on legislative, executive and judicial, guarantees responsibility of the state to the citizen and the citizen to the state.

Article 3. Principles of activities of the Constitutional court

The constitutional court performs the activities on the basis of the principles:

a) independence of any public power;

b) collective nature;

c) legality;

d) publicity.

Article 4. Competences of the Constitutional court

(1) When implementing the constitutional jurisdiction the Constitutional court:

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, one of the parties of which is the Republic of Moldova;

b) gives interpretation of the Constitution;

c) expresses according to offers on review of the Constitution;

d) confirms results of republican referenda;

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

f) states the circumstances justifying dissolution of Parliament, discharge from position of the President of the Republic of Moldova, temporary execution of its obligations, impossibility of performance by the President of the Republic of Moldova of the obligations during more than 60 days;

g) resolves the exceptional cases of illegality of legal acts provided by the Highest trial chamber;

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

2) Voided.

(3) the Constitutional court resolves only points of law.

(4) Voided according to the Law of the Republic of Moldova of 18.04.2013 No. 82

Article 5. Functional competence of the Constitutional court

Also following functional questions enter competence of the Constitutional court:

a) election of the Chairman of the Constitutional court and the judge, replacement Chairman of justices in its absence;

b) approval of Regulations of the Secretariat of the Constitutional court, its structure and the staff list, Regulations of Scientific and advisory council in case of the Constitutional court, Regulations on the organization and holding contest for post the judge-assistant of the Constitutional court and procedure for its certification, Regulations on procedure for calculation of working life of judges and employees of the Secretariat of the Constitutional court;

c) project development of the budget of the Constitutional court and its representation on approval to Parliament;

d) establishment of salaries to the Chairman and judges of the Constitutional court;

e) disciplinary responsibility of judges of the Constitutional court;

f) deprivation of judges of the Constitutional court of their powers in the cases provided by part (1) article 19 of the Law on the Constitutional court;

g) consideration of claims concerning the penalties imposed by the Chairman of the Constitutional court, and the determinations which are taken out by judges of the Constitutional court concerning court costs;

h) determination of the main directions of the relations with similar organizations of other states;

i) annual representation to the President of the Republic of Moldova, to Parliament, Government and the Supreme council of magistracy of the report on implementation of the constitutional jurisdiction;

j) other questions provided by the Law on the Constitutional court and this code.

Article 6. Competence limits

(1) the Constitutional court resolves only those questions which enter its competence. If in the course of consideration there are questions which are within the competence of other bodies, the Constitutional court transfers materials to these bodies or reports about it to the parties and the interested bodies and makes the corresponding explanations.

(2) Limits of competence of the Constitutional court are determined by the Constitutional court.

(3) In case of control of constitutionality of the disputed act the Constitutional court can make the decision and according to other regulations which constitutionality fully or partially depends on constitutionality of the disputed act.

Article 7. Presumption of constitutionality of regulations

Any regulation, and also the international treaty, one of the parties of which is the Republic of Moldova, it is considered constitutional until its illegality is not proved in the course of the constitutional legal proceedings with providing all the guarantees provided by this code.

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