Extract from the Constitution of the Republic of Moldova

Extract from the Constitution of the Republic of Moldova

Title V

CONSTITUTIONAL COURT

 

Article 134  Statute

(1) The Constitutional court is the sole authority of constitutional jurisdiction in the Republic of Moldova.

(2) The Constitutional Court is independent of any other public authority and shall abide only by the Constitution.

(3) The Constitutional Court guarantees the supremacy of the Constitution, ascertains the enforcement of the principle of separation of the State powers into the legislative, executive and judiciary, and it guarantees the responsibility of the State towards the citizen and of the citizen towards the State.

 

Article 135  Powers

(1) The Constitutional Court:

  1. a) exercises, upon appeal, the review of constitutionality over laws and decisions of the Parliament, decrees of the President, decisions and ordinances of the Government, as well as over international treaties to which the Republic of Moldova is a party; [Art. 135, para. (1) section a) modified by the Law no.1115- XIV of 05.07.00, MO no. 8890/28.07.00, art.661]
  2. b) gives the interpretation of the Constitution;
  3. c) formulates its position on initiatives aimed at revising the Constitution;
  4. d) confirms the results of republican referenda;
  5. e) confirms the results of parliamentary and presidential elections in the Republic of Moldova;
  6. f) ascertains the circumstances justifying the dissolution of the Parliament, the removal of the President of the Republic of Moldova or the interim office of the President, as well as the impossibility of the President of the Republic of Moldova to fully exercise his/her functional duties for more than 60 days; [Art. 135, para.(1) section f) amended by the Law no.1115- XIV of 05.07.00, MO no. 8890/28.07.00, art.661]
  7. g) solves the pleas of unconstitutionality of legal acts, as claimed by the Supreme Court of Justice;
  8. h) decides over matters dealing with the constitutionality of a party.

(2) The Constitutional Court carries out its activity on the initiative brought forward by the subjects provided for by the Law on the Constitutional Court.

 

Article 136  Structure

(1) The Constitutional Court consists of 6 judges appointed for a 6-year term of office.

(2) Two judges shall be appointed by the Parliament, two -by the Government and two -by the Superior Council of Magistrates.  [Art. 136 para.(2) modified by the Law no.1115-XIV of 05.07.00, MO no. 88-90/28.07.00, art.661]

(3) The judges of the Constitutional Court elect its President by secret ballot.

 

Article 137  Independence

For the tenure of their mandate the judges of the Constitutional Court are irremovable, independent, and abide only by the Constitution.

 

Article 138  Qualifications for Appointment

The judges of the Constitutional Court must possess outstanding judicial knowledge, high professional competence and a length of service of at least 15 years in legal field, legal education or scientific activity.

 

Article 139  Incompatibilities

The position of judge of the Constitutional Court is incompatible with holding of any other remunerated public or private position, except for didactic and scientific activity.

 

Article 140  Judgments of the Constitutional Court

(1) Laws and other normative acts or parts thereof become null and void from the moment of adopting by the Constitutional Court of the appropriate judgment to that effect.

(2) The judgments of the Constitutional Court are final and cannot be appealed against.