Name of the Republic of Moldova
of October 1, 2013 No. 31
About control of constitutionality of provisions of Art. 11 of the h. (4) the Law No. 548-XIII of July 21, 1995 on National Bank of Moldova and Art. 21 of the h. (3) and Art. 23 of the h. (3) the Law on administrative court No. 793-XIV of February 10, 2000 (the Address No. 26a/2013)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Petra Reiljan, judges,
with the assistance of the secretary of meeting Lyudmila Kikhay,
in view of the address provided and registered on June 6, 2013
having considered the specified address in open plenary meeting, considering acts and case papers,
issues the following decree.
Points of order
1. The address of the deputy of Parliament Sergey Syrbu brought into the Constitutional court on June 6, 2013 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item and) Constitutions, Art. 25 of the item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of provisions of Art. 11 of the h. (4) the Law No. 548-XIII of July 21, 1995 on National Bank of Moldova and Art. 21 of the h. (3) and Art. 23 of the h. (3) the Law on administrative court No. 793-XIV of February 10, 2000.
2. The author of the address considers, in particular, that the provisions which are not allowing suspension of execution of acts of National Bank of Moldova by degree of jurisdiction and establishing three-months term for consideration of actions for declaration against this bank break Art. provisions 1, of the Art. 6, of the Art. 20, of the Art. 26, of the Art. 53, of the Art. 54, of the Art. 66, of Art. 114 and Art. 115 of the Constitution of the Republic of Moldova.
3. Determination of the Constitutional court of July 25, 2013, without decision in essence, the address was acknowledged acceptable.
4. During consideration of the address the Constitutional court requested opinions of Parliament, the Government, the President of the Republic of Moldova, National Bank of Moldova.
5. In open plenary meeting of the Constitutional court the address was reasoned by the author of the address. The parliament was provided by the chief of general legal management of the Secretariat of Parliament Ion Kryange.
6. On March 7, 2013 the Parliament of the Republic of Moldova adopted the Law No. 31 on modification and amendments in some legal acts among which the Law on National Bank of Moldova and the Law on administrative court are registered.
7. So, according to Art. 11 of the h. (4) the Law on National Bank of Moldova, to final permission of case in degree of jurisdiction cannot be suspended execution of the acts of National Bank relating to area of monetary and monetarist policies including protective measures, acts of National Bank of special bank management, of revocation of license of the subjects which are under the supervision of National Bank of initiation of the procedure of involuntary liquidation of bank, the acts of National Bank adopted in the course of assessment and supervision of quality of shareholders of the subjects which are under the supervision of National Bank and also the measures applied by National Bank, the special managing director or the liquidator in the course of special management or involuntary liquidation of bank.
8. Article 21 of the Law on administrative court containing regulations on procedure for suspension by court of execution of the appealed administrative act in the h. (3) the above-stated provision of Art. 11 of the h provides. (4) Law on National Bank of Moldova.
9. At the same time, according to Art. 23 of the h. (3) the Law on administrative court, actions for declaration against National Bank of Moldova are considered in three-months time from the date of filing of application.
10. Applicable provisions of the Constitution (M.O., 1994, No. 1):
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