DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 4, 2006

According to the address about interpretation of Art. 135 of the Constitution of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman

Alina YANUCHENKO is judge

Mircha of the SOUTH - the judge

To Dumitr PULBERE - the judge

Elena SAFALERU is judge

Ion VASILATI is judge-speaker with the assistance of Maya Laur, the secretary of meeting, having considered according to Art. 44 of the Code of the constitutional jurisdiction the address of the Minister of Justice Vitaliye Pyrloga about interpretation of Art. 135 of the Constitution of the Republic of Moldova, at with t and N about in and l:

1. On November 1, 2006 the Minister of Justice appealed to the Constitutional court with request about interpretation of Art. 135 of the Constitution establishing powers of the Constitutional court.

In the address it is emphasized that according to Art. 13 of the European convention on human rights: "Everyone whose rights and freedoms recognized in this Convention are broken, has effective remedies of legal protection before the national authorities even if such violation was made by persons acting in official quality". The author of the address considers that the Republic of Moldova can fulfill the valid obligation following from Art. 13 of the Convention by investment of the Constitutional court with power to consider, after exhaustion of other ways of appeal, stipulated by the legislation the Republic of Moldova, addresses of the citizens considering itself restrained in the rights and freedoms guaranteed by the Convention or additional protocols to it.

The author believes that as the Supreme law does not establish prohibition on provision to the Constitutional court of other powers, except those which are stipulated in Article 135 h (1) Constitutions, Parliament can expand competence of the Constitutional court by means of the law. In his opinion, the Constitutional court can be given the right to consider addresses of the citizens considering themselves restrained in any right guaranteed by the Constitution or international treaties, one of the parties of which is the Republic of Moldova, without introduction of amendments to the Constitution.

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