Name of the Republic of Moldova
of June 17, 2015 No. 16
About interpretation of Art. 101 of the h. (2) and h. (3) Constitutions of the Republic of Moldova (effect of resignation of the Prime Minister) (Address No. 26b/2015)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Victor of Pop, judges,
with the assistance of the secretary of meeting Eudzheniu Osipov,
in view of the address provided and registered on June 16, 2015
having considered the specified address in open plenary meeting,
considering acts and case papers,
having carried out discussion in the consultative room,
issues the following decree.
Points of order
1. The address of the President of the Republic of Moldova Nicolae Timofti brought into the Constitutional court on June 16, 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 and) Law on the Constitutional court and Art. 38 of the h. (1) the item and) the Code of the constitutional jurisdiction, about interpretation of Art. 101 of the h. (2) and h. (3) Constitutions of the Republic of Moldova.
2. The author of the address asks the Constitutional court to give interpretation of the constitutional provisions in the following aspects:
"a) In case of resignation of the Prime Minister and all Government according to Art. 101 of the h. (3) Constitutions since what moment becomes effective and what form makes the decision on resignation, considering that according to Art. 6 of the Law on the Government the resignation of the Prime Minister and the Government is submitted to Parliament? Whether means that the resignation of the Prime Minister automatically leads to resignation of the Government, irrespectively from that, issued the Government or not the relevant decree?
b) In view of the principle of providing continuity of the executive authority in what time the Parliament shall express according to the resignation of the Prime Minister and all Government?
c) Whether in case of approval of resignation of the Prime Minister and the Government the President of the Republic of Moldova, according to the Constitution shall, to appoint the acting as the Prime Minister before forming of the new Government in the conditions of Art. 101 of the h. (2) Constitutions?
d) Except death and functional incompatibility what situations fall under concept of final impossibility of performance of obligations of the Prime Minister?
e) In case of resignation of the Prime Minister in the conditions of Art. 101 of the h. (3) the Constitution in what time needs to create the new Government?".
3. Determination of the Constitutional court of June 16, 2015, without decision in essence, the address was acknowledged acceptable.
4. In open plenary meeting of the Constitutional court the address was supported by the author's representative, the secretary general of the Office of the President of the Republic of Moldova Ion Peduraru. From Parliament the chief of General legal management of the Secretariat of Parliament Ion Kryange took part.
5. The Prime Minister Kirill Gaburich declared the resignation on June 12, 2015 at press conference.
6. Due to the resignation of the Prime Minister, according to Art. provisions 100, Art. 101 of the h. (3) and Art. 103 of the Constitution of the Republic of Moldova and Art. 6 of the Law on the Government, the Government the Resolution No. 370 on addition of the powers accepted on June 16, 2015.
7. According to the Order of the Government No. 370 of June 16, 2015, the resignation of the Government in connection with resignation of the Prime Minister was submitted to Parliament "for consideration".
8. Applicable provisions of the Constitution (M.O., 1994, No. 1):
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 101 Prime Minister
"(1) the Prime Minister directs the Government and coordinates activities of his members, respecting the powers conferred to them.
(2) in case of impossibility of performance the Prime Minister of the obligations or in case of his death the President of the Republic of Moldova appoints one of members of the government the acting as the Prime Minister before forming of the new Government. Temporary fulfillment of duties of the Prime Minister stops if the Prime Minister resumes work in the Government.
(3) in case of resignation of the Prime Minister all Government retires".
9. Applicable provisions of the Law No. 64-XII of May 31, 1990 on the Government (переопубликован M.O., 2002, Art. No. 131-133, 1018):
Article 6 Resignation of the Government
"The government has the right to resign on own initiative.
Each member of the government also has the right to resign.
Resignation of the Prime Minister involves abdication of the Government en banc.
The resignation of the Prime Minister and the Government en banc is submitted to Parliament which shall express on it.
Resignations of certain members of the government are submitted to the Prime Minister and are brought to the attention of the President of the Republic of Moldova.
The government resigns in cases:
1) expressions of mistrust by Parliament to the Government according to articles 106 and 106-1 of the Constitution;
2) resignations or death of the Prime Minister;
3) elections of new Parliament (in case of convocation of its first meeting)".
Points of law
10. From contents of the address the Constitutional court concludes that it, in fact, concerns effects of resignation of the Prime Minister, namely the moment of approach of resignation of the Prime Minister, conditions of formal and procedural procedure, and also resignation effects for activities of the Government in general.
11. Thus, the address belongs to set of the interconnected constitutional elements and the principles, such as government continuity, non-admission of vacuum of the power, functionality of public institutions, legal definiteness and collective constitutional and political responsibility of government.
A. Address acceptability
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