Name of the Republic of Moldova
of June 24, 2015 No. 21
About interpretation of Art. 69 of the h. (2), Art. 70 of the h. (1), Art. 99 and Art. 100 of the Constitution of the Republic of Moldova (deputy incompatibility) (Address No. 1b/2015)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Victor of Pop, judges,
with the assistance of the secretary of meeting Alena Balaban,
in view of the address provided and registered on January 26, 2015
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 Igor Dodon, Zinaida Grechany, Vladimir Tsurkan, Vasile Boli and Grigor of Novak brought into the Constitutional court on January 26, 2015 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item b) 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 interpretation of Art. 69 of the h. (2), Art. of 70 St. (1), Art. 99 and Art. 100 of the Constitution of the Republic of Moldova.
2. Authors of the address ask the Constitutional court to explain sense of the constitutional regulations in the following aspects:
"Since what moment there is incompatibility and deputy powers for persons, the elected to Parliament stop by right?
- Whether the deputy of Parliament has the right to combine two positions: the deputy and the member of the government, the local elected person, or other incompatible positions after 30-day term from the date of recognition of the mandate?
- Whether the deputy who is taking up two incompatible positions has the right to participate in the plenary sessions of Parliament after abdication and the expiration of the 30-day term established for refusal of the deputy mandate and what legal effects have the regulations adopted by Parliament with its participation?
- Whether the member of the government combining at the same time position of the deputy of Parliament (who in 30-day time after recognition of the deputy mandate did not refuse position of the member of the government), and what legal effects have the regulations adopted by the Government with its participation has the right to participate in meetings of the Government and/or parliamentary sessions?"
3. Determination of the Constitutional court of February 2, 2015, without decision in essence, the address was acknowledged acceptable.
4. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova and the Government.
5. In open plenary meeting of the Constitutional court the address was supported by the deputy of Parliament of Vasile Bol. From Parliament there was the main consultant of general legal management of the Secretariat of Parliament Valeriu Kuchuk, and from the Government – the deputy minister of justice Serdzhiu Gurduza.
6. Applicable provisions of the Constitution (M.O., 1994, No. 1):
Article 6. Separation and interaction of the authorities
"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions."
Article 60. Parliament – the highest representative and legislature
"(1) the Parliament is the supreme representative body of the people of the Republic of Moldova and the single legislature of the state.
(2) the Parliament consists of 101 deputies."
Article 69. Mandate of the deputy
"(1) Deputies start execution of the mandate on condition of its recognition.
(2) the Mandate of the deputy stops in day of legal convocation of new structure of Parliament or in case of resignation, deprivation of the mandate, incompatibility of positions or death."
Article 70. Incompatibility and immunity
"(1) the Provision of the deputy is incompatible with any other paid position, except for teaching and scientific activities.
(2) Other conditions of incompatibility are established by the organic law.
(3) the Deputy cannot be detained, arrested, subjected to search, except detention cases on site of crime, or it is brought to judicial responsibility without the consent of the Parliament this after hearing of the deputy."
Article 99. Incompatibility
"(1) the Position of the member of the government is incompatible with any other paid position.
(2) Other conditions of incompatibility are established by the organic law."
Article 100. Termination of powers of the member of the government
"Powers of the member of the government stop in case of resignation, dismissal, incompatibility of positions or death."
Article 103. Termination of powers
"(1) the Government performs the powers before recognition valid elections of new Parliament.
(2) in case of expression of non-confidence vote by Parliament to the Government, resignations of the Prime Minister or in the case provided by part (1), the Government before bringing of the oath by members of the new Government performs only management functions by public affairs."
7. Applicable provisions of the Law No. 39-XIII of April 7, 1994 on the status of the deputy of Parliament (переопубликован: M.O., 2005, Art. No. 59-61, 201):
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