Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 9, 2016 No. 2

About interpretation of Art. 135 of the h. (1) item and) and item g) Constitutions of the Republic of Moldova (exceptional case of illegality) (Address No. 55b/2015)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Victor of Pop, judges,

with the assistance of the secretary of meeting Lyudmila Kikhay,

in view of the address provided and registered on December 9, 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 appeal of the Highest trial chamber brought into the Constitutional court on December 9, 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 d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about interpretation of Article 135 of the h. (1) item g) Constitutions of the Republic of Moldova.

2. Authors of the address ask the Constitutional court to give interpretation of Art. 135 of the h. (1) the item g) and to explain to the Constitution the next moments:

"Whether 1) the Highest trial chamber Has the right to deny the inquiry of degrees of jurisdiction in the Constitutional court about exceptional case of illegality made within process, considering contents of Art. 135 of the h. (1) item g) Constitutions?

2) What role is allocated for the Highest trial chamber in case of the address to the Constitutional court, in view of the right of degrees of jurisdiction of all levels to represent request about exceptional case of illegality?

Whether 3) Has the right to deny degrees of jurisdiction the request of the parties about exceptional case of illegality?"

3. Determination of the Constitutional court of December 15, 2015, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government, the Supreme council of magistracy, Association of judges of the Republic of Moldova and the Union of lawyers of the Republic of Moldova.

Applicable legislation

5. Applicable provisions of the Constitution (M.O., 1994, No. 1):

Article 1. State Republic of Moldova

"[…]

(3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed."

Article 20. Open entry to justice

"(1) Any person has the right to effective recovery in the rights by competent courts in case of violation of its rights, freedoms and legitimate interests.

(2) Any law cannot limit access to justice."

Article 115. Degrees of jurisdiction

"(1) Justice is performed by the Highest trial chamber, appeal chambers and courts. […]"

Article 116. Status of judges

"(1) Judges of degrees of jurisdiction are independent, impartial and irremovable according to the law."

Article 134. Status

"(1) the Constitutional court - the single body of the constitutional jurisdiction in the Republic of Moldova.

(2) the Constitutional court is independent of any other public power and submits only to the Constitution.

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

Article 135. Powers

"(1) 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;

[…]

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

[…]

(2) the Constitutional court performs the activities for initiative of the subjects provided by the Law on the Constitutional court."

Article 140. Solutions of the Constitutional court

"(1) the Laws and other regulations or their parts void from the moment of acceptance by the Constitutional court of the relevant decision.

(2) Solutions of the Constitutional court are final and are not subject to appeal."

6. Applicable provisions of the Law No. 317-XIII of December 13, 1994 on the Constitutional court (M.O., 1995, No. 8, the Art. 86):

Article 4. Power [Constitutional court]

"(1) Constitutional court:

a) exercises on demand control of constitutionality of the laws, regulations and resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and orders of the Government, and also international treaties, one of the parties of which is the Republic of Moldova;

b) gives interpretation of the Constitution;

[…]

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

[…]

(2) Competence of the Constitutional court is determined by the Constitution and it cannot be disputed by any body of the public power."

7. Applicable provisions of the Code of the constitutional jurisdiction No. 502-XIII of June 16, 1995 (M.O., 1995, Art. No. 53-54, 597):

Article 2. Body of the constitutional jurisdiction

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