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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of March 2, 2016 No. 5

About interpretation of Article 106-1 of the h. (1) Constitutions of the Republic of Moldova (acceptance on responsibility the Government) (the Address No. 24b/2015)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop, judges,

with the assistance of the secretary of meeting Theodor Papuk,

in view of the address provided and registered on June 4, 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 of Mihai Ghimpu and to Valeriu Muntyan brought into the Constitutional court on June 4, 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. 106-1 of the h. (1) Constitutions of the Republic of Moldova.

2. Authors of the address ask the Constitutional court to give interpretation of this Article in the following aspects:

"1. Whether the number of legal acts for which for short period the Government can assume responsibility is limited?

2. What process at law needs to be observed if the President of the Republic of Moldova does not perform promulgation of the laws for which the Government assumed responsibility?"

3. Determination of the Constitutional court of September 4, 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. Was present at open plenary meeting at which the substantive provisions of the resolution were announced Eudzhen Beshliu, the representative of authors of the address, and Eduard Serbenko, the representative of the Government in the Constitutional court, the deputy minister of justice.

Actual circumstances

6. The constitution of the Republic of Moldova provides institute of acceptance in Art. 106-1 on itself responsibility the Government. According to the p. (1) this Article, the Government has the right to assume responsibility to Parliament for the program, the statement of general political nature or the bill.

7. According to Art. 74 of the h. (4) Constitutions, the laws are transferred for promulgation to the President of the Republic of Moldova. Article 93 of the h. (2) provides Constitutions that the President of the Republic of Moldova having the right if he has notes under the law not later than to two weeks to send it to Parliament for review.

Applicable legislation

8. 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 74. Adoption of the laws and resolutions

"[…] (4) the Laws are transferred for promulgation to the President of the Republic of Moldova".

Article 93. Promulgation of the laws

"[…]

(2) the President of the Republic of Moldova having the right if he has notes under the law not later than to two weeks to send it to Parliament for review. If the Parliament votes for the former decision, the President performs promulgation of the law".

Article 106-1. Acceptance on responsibility the Government

"(1) the Government has the right to assume responsibility to Parliament for the program, the statement of general political nature or the bill.

(2) the Government retires if the offer on expression of mistrust made in three-day time from the moment of submission of the program, the statement of general political nature or the bill is accepted according to Article 106.

(3) If the Government does not retire according to part (2), the introduced draft of the law is deemed accepted, and the program or the statement of general political nature – obligatory for the Government".

Points of law

9. From contents of the address the Constitutional court concludes that it, in fact, concerns: (1) the number of bills for which the Government can assume responsibility at the same time, and (2) not promulgations by the President of the laws for which the Government assumed responsibility.

10. The address belongs to set of the interconnected constitutional elements and the principles, such as role of the Government, Parliament and President of the Republic of Moldova in the course of accepting liability and the principle of separation of the authorities in the state.

A. Address acceptability

11. According to the determination of September 4, 2015, the Constitutional court notes that based on the item b) h. (1) Art. 135 of the Constitution, item b) h. (1) Art. 4 of the Law on the Constitutional court and item b) h. (1) Art. 4 of the Code of the constitutional jurisdiction the provided address is within the competence of the Constitutional court.

12. Provisions of 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 addresses to the Constitutional court give to the deputy of Parliament the right.

13. The constitutional court notes that prerogative to which it is allocated with provisions of Art. 135 of the h. (1) the item b) the Supreme law, establishment of true and complete meaning of the constitutional regulations by textual or functional interpretation in that measure in what this sense it is possible to remove from the text of the Constitution, taking into account initial nature of regulation and complex situations in which the regulation is applied assumes.

14. The constitutional court notes that the questions raised in the address concern: (1) the number of bills for which the Government can assume responsibility at the same time, and (2) process at law which the President of the Republic of Moldova shall observe if does not perform promulgation of the law approved by the Government by acceptance on itself responsibility.

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