DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 3, 2014 No. 3

About approval of the Regulations on procedure for consideration of the addresses brought into the Constitutional court

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Dina Mustyatse

and secretary general Rodiki Sekriyera

for the purpose of establishment of the procedural rules applied by consideration of the addresses brought into the Constitutional court according to the Law No. 317-XIII of December 13, 1994 on the Constitutional court and the Code of the constitutional jurisdiction No. 502-XIII of June 16, 1995 DETERMINED:

1. Approve Regulations on procedure for consideration of the addresses brought into the Constitutional court according to appendix.

2. This determination is final and becomes effective from the date of acceptance.

Appendix

to Determination of the Constitutional court of the Republic of Moldova of June 3, 2014 No. AG-3

Regulations on procedure for consideration of the addresses brought into the Constitutional court

I. General provisions

1. This Provision provides the procedural rules applied by consideration of the addresses brought into the Constitutional court.

2. Instructions of this provision are applied and interpreted in the light of the provisions of the law No. 317-XIII of December 13, 1994 the Constitutional court and the Code of the constitutional jurisdiction No. 502-XIII of June 16, 1005.

3. Judges, the judges-assistants and employees of the Constitutional court involved in preparation of cases for consideration shall keep confidentiality of information with which they got acquainted in the course of legal proceedings.

II. Preliminary consideration of the address

4. The addresses brought into the Constitutional court by the subjects given this right, including the judges/lists of judges of the Highest trial chamber, appeal chambers and courts – in case of submission of the address about exceptional case of illegality, are transferred to the Chairman of the Constitutional court by service of procedural clerical work, registration and archive.

5. Having received the address, the Chairman of the Constitutional court publishes the order about transfer of the appeal to the secretariat for preliminary studying.

6. The secretary general transfers the appeal to department of legal examination and coordinates all process of preliminary studying of the address.

7. The department of legal examination studies the address to 15-day term from the date of receipt it from the secretary general. If necessary, the term of consideration of the address is established by the chairman of the Constitutional court.

8. Performing preliminary consideration of addresses about control of constitutionality of the laws, about exceptional cases of illegality and about interpretation of the Constitution, the department of legal examination constitutes the research opinion, being the document of internal use.

9. The research opinion consists of the following elements:

a) subject of the address – are accurately stated the provision challenged the regulation or the constitutional regulations which are subject to interpretation;

b) the essence of the challenged provisions – is laconically stated content of the disputed regulations or constitutional regulations which are subject to interpretation;

c) the constitutional regulations to which reference is made – the text of articles of the Constitution which, according to the author, are violated is provided;

d) arguments of the author of the address – the essence of the questions raised in the address and also information which, according to the author, is subject to application in case of permission of case is accurately and laconically stated;

e) the conclusions relating to subject of the address – the purpose of the disputed regulation and interrelation with other legislative provisions is specified; the disputed regulation is considered in the light of the constitutional regulations given by the author of the address;

f) the reference to the international sources – regulations of the international acts, the conclusions of the international organizations, court practice of ECHR and constitutional courts of other states, in case of their attributability with subject of the address are given;

g) law of the Constitutional court – fragments from resolutions or determinations of the Constitutional court on question, similar or identical with subject of the address, are given;

h) the conclusions in essence and the procedure – the causal relationship between the challenged provisions and the expected broken constitutional regulations, and also observance in case of submission of the circulation of procedural and formal requirements is specified.

10. For identification of correlated international sources the department of legal examination interacts with research analysis department.

11. The research opinion is signed by heads of department of legal examination, research analysis department and the secretary general and together with the address it are represented to the chairman of the Constitutional court.

12. If according to the research opinion the address was provided by the inadequate subject, the address is recognized repeated and nine-months term from the date of withdrawal of the address did not expire, the chairman of the Constitutional court refuses adoption of the appeal to consideration.

13. At stage of preliminary consideration of the address, for clarification of all circumstances having essential value for permission of case questions can be asked the author of the address.

III. Consideration of the address from the point of view of the acceptability

14. After receipt of the address and the research opinion the chairman of the Constitutional court appoints the judge-speaker who will consider the address, except the situations provided in item 12. If necessary, the chairman of the Constitutional court appoints several judges-speakers.

15. According to the order of the chairman of the Constitutional court of the address combine with identical or similar object in one production and are transferred to the judge-speaker. Addresses do not unite if it leads to essential increase in term of consideration.

16. The service of procedural clerical work, registration and archive sends the address electronically to all judges, having entered name of the judge-speaker appointed the chairman of the Constitutional court.

17. The judge-speaker considers contents of the address and research opinion and draws the conclusion according to the address.

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