DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of August 3, 2004 No. 1

About the Resolution of the European Court of Human Rights of April 20, 2004 in the matter of George Amikhalakioaye against the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman, the judge-speaker

Мирчя the SOUTH - the judge

To Dumitr PULBERE - the judge

Elena SAFALERU is judge with the assistance of Maya Tsurkan, the secretary of meeting, and George Amikhalakioaye considered on own initiative case on application of the administrative sanction against the chairman of the Union of lawyers of the Republic of Moldova George Amikhalakioaye.

Having considered case papers, having heard explanations George Amikhalakioaye and the message of the judge-speaker, the Constitutional court established:

February 15, 2000 The constitutional court exercised partial control of the Law N395-XIV of May 13, 1999 "About legal profession" and as the Resolution N8 recognized unconstitutional some provisions of this law.

After adoption of the specified resolution the chairman of the Union of lawyers of the Republic of Moldova George Amikhalakioaye gave interview to the Ekonomicheskoye Obozreniye newspaper (N 6, February, 2000) in which said that "thanks to the solution of the Constitutional court in system of legal profession complete anarchy will set in" and with respect thereto "there is question: whether конституционен Constitutional court?". George Amikhalakioaye declared also that "for judges of the Constitutional court the European Court of Human Rights is not authority".

The constitutional court stated that statements George Amikhalakioaye are disrespect for the single body of the constitutional jurisdiction and Determination of March 6, 2000 based on Art. 81 and 82 of the Code of the constitutional jurisdiction subjected it to the administrative sanction in the form of penalty in the amount of 20 minimum wages.

The penalty in the amount of 360 lei was collected on July 7, 2000 according to the receipt N564.

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