Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of November 17, 2015 No. 27

About control of constitutionality of the Resolution of Parliament No. 172 of October 15, 2015 about consent on deprivation of parliamentary immunity of the deputy of Parliament Vladimir Filat (the Address No. 39a/2015)

Constitutional court in structure:

Igor Dolya, chairman,

Auryl to Beesh,

Tudor Pantsyru,

Victor of Pop, judges,

with the assistance of the secretary of meeting Maxim Yurka,

in view of the address provided and registered on October 19, 2015

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

issues the following decree:

Points of order

1. The address brought into the Constitutional court on October 19, 2015 by group in number of 18 deputies of parliamentary fraction of Liberal democratic party of Moldova 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 the Resolution of Parliament No. 172 of October 15, 2015 about consent on deprivation of parliamentary immunity of the deputy of Parliament Vladimir Filat.

2. Authors of the address consider that the disputed act was adopted in defiance of the procedure provided by the law and presumption of innocence, than Art. 1 of the h contradicts. (3), Art. 21 and Art. 66 of the item and) and item j) Constitutions.

3. The constitutional court rejected on October 19, 2015 the address about suspension of operation of the disputed act for benefit of its consideration quickly. At the same time the Constitutional court decided to combine consideration of the acceptability of the address without decision in essence with its consideration on the merits.

4. From authors of the address in open plenary meeting of the Constitutional court deputies of Parliament Tudor Deliu, the Angel Agake, Nai-Simion Plieshka, Grigor Kobzak took part, from Parliament the main consultant in department of the public law of General legal management of the Secretariat of Parliament to Yuriye Kozhokar.

Actual circumstances

5. In meeting of October 15, 2015 the Attorney-General informed Parliament that criminal case concerning the deputy Vladimir Filat based on reasonable suspicions of making by it of the crimes provided by Art. 324 of the h was brought on October 13, 2015. (3) item and) and item b) and Art. 326 of the h. (3) the item and) the Criminal code, also brought idea of deprivation of its parliamentary immunity.

6. On the same day 79 deputies of Parliament of the Republic of Moldova voted for decision making about consent on deprivation of parliamentary immunity for detention, arrest, search and criminal prosecution of the deputy Vladimir Filat.

Applicable legislation

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

Article 1. State Republic of Moldova

"(1) the Republic of Moldova – the sovereign and independent, single and indivisible state.

(2) the Form of government – the republic.

(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 7. The constitution – the supreme law

"The constitution of the Republic of Moldova is its supreme law. Any law or other legal act contradicting Constitution provisions have no legal force".

Article 21. Presumption of innocence

"Any person accused of crime execution is considered innocent until his guilt is not established by legal order by public legal proceedings in case of which all necessary guarantees for protection are provided to it".

Article 34. Right to information

"(1) the Right of person to access to any information concerning public affairs cannot be limited.

(2) the Authorities according to the competence shall provide reliable informing citizens on public affairs and concerning personal nature.

(3) the Right to information shall not cause damage to the measures directed to protection of citizens or homeland security.

(4) Mass media, both state, and private, shall provide reliable informing the public.

(5) Mass media are not exposed to censorship".

Article 65. Openness of meetings

"(1) Parliamentary sessions are open.

(2) the Parliament can make the decision on holding in some cases private meetings".

Article 66. Main powers

"The parliament has the following main powers:

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