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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 2, 2014 No. 18

About control of constitutionality of the Law No. 109 of May 3, 2013 on modification and amendments in some legal acts (The law on the Constitutional court and the Code of the constitutional jurisdiction) (the status of judges of the Constitutional court, power of the Constitutional court and the constitutional legal proceedings) (the Address No. 34a/2014)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Eudzheniu Osipov,

in view of the address provided and registered on May 20, 2014

having considered the specified address in open plenary meeting, considering acts and case papers,

having held meeting behind closed doors,

issues the following decree.

Points of order

1. The address of deputies of Parliament of Mihai Ghimpu, to Valeriu Muntyan, George Bregi and Corinna Fusu brought into the Constitutional court on May 20, 2014 according to provisions of Art. 25 of the item g) the Law on the Constitutional court and Art. 38 of the h formed the basis for consideration of the case. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of some provisions concerning the status of judges of the Constitutional court, powers of the Constitutional court and the constitutional legal proceedings.

2. Authors of the address consider that the made changes which grant to Parliament the right to deprive of judges of the Constitutional court of powers judges lose also the status of irremovability, and, thus, Art. provisions 1, of 6, of 7, of 8, 134 and Art. 137 of the Constitution are broken. Also restriction of powers of the Constitutional court and establishment of excessively short deadline for consideration of addresses violate the Art. 1, of 6, of 20, of 54, of 134, 135 and 137 Constitutions. In this context, authors of the address ask to exercise the constitutional control of the Law on introduction of amendments to the Law on the Constitutional court adopted on May 3, 2013 and the Code of the constitutional jurisdiction.

3. Determination of the Constitutional court of May 27, 2014 without decision in essence the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of the President of the Republic of Moldova, Parliament and the Government.

5. In open plenary meeting of the Constitutional court the address was reasoned by the deputy of Parliament to Valeriu Muntyan. The parliament was provided by the main consultant of general legal management of the Secretariat of Parliament Serdzhiu Kirike. The government did not direct the representative.

Actual circumstances

6. April 22, 2013. The constitutional court accepted the Resolution No. 4 on control of constitutionality of presidential decrees of the Republic of Moldova No. 534-VII of March 8, 2013 about resignation of the Government, regarding leaving as the Prime Minister dismissed by the resolution on non-confidence vote (on suspicion of corruption) since March 8, 2013 before forming of the new Government, and No. 584-VII of April 10, 2013 about statement of the candidate for the Prime Minister's position (the Address No. 10a/2013). As a result of adoption of this Resolution the acting Prime Minister was discharged of execution of premier obligations, appointed temporarily fulfilling its duties and deprived of the right to be pushed as the candidate for the Prime Minister's position when forming the new Government.

7. Immediately the caustic criticism to the Constitutional court and discredit of judges of the Constitutional court followed from the former Prime Minister, deputies from the batch directed by it and persons sympathizing it.

8. Thereof on May 3, 2013 the Parliament made changes to the Law on the Constitutional court and the Code of the constitutional jurisdiction. Parliamentary debates show that the provisions granting to Parliament the right to deprive of judges of the Constitutional court of powers are the act of revenge for the Resolution of the Constitutional court No. 4 of April 22, 2013.

9. The law No. 109 of May 3, 2013 the Parliament made changes to the Law on the Constitutional court and the Code of the constitutional jurisdiction.

10. The law No. 109 (Art. I) provides the following changes in the Law on the Constitutional court:

1. Part (Article 18 to add 2) with the words "or resolution of Parliament of the Republic of Moldova.";

2. In Article 19:

part (1):

in Item b) shall be replaced with words the words "and job responsibilities;" "or losses of trust;";

add part with Item e) the following content: "e) violations of job responsibilities.";

part (to add 2) after the words "in the cases specified in" with words "Items a), c), d) and e)", and at the end – words ", and in the case specified in Item b) parts (1), Parliament.";

in part (words "oaths or" to exclude 3);

add Article with part (4) the following content:

"(4) the Procedure of deprivation of powers of the judge for violation of the oath or loss of trust is initiated upon the demand of at least 25 deputies, and the relevant resolution is accepted by voices at least three fifth elected deputies.".

3. Recognize Article 25-1 invalid;

4. State Article 32 in the following edition:

"The constitutional court shall resolve case in three-months time from the date of registration of the address. In exceptional cases this term can be extended for month by the motivated solution of the Constitutional court".

Article was added with part (2) the following content:

"(2) Case concerning ascertaining of 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 is allowed no more than seven days from the date of registration of the address in time".

11. Article 7-1 of the Code of the constitutional jurisdiction which had identical content, as Art. 25-1 of the Law on the Constitutional court was acknowledged as invalid (Art. II).

12. Further the Constitutional court gives contents of the following articles of the Law on the Constitutional court:

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