RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 28, 2008 No. 2

About approval of the Report on implementation of the constitutional jurisdiction in 2007

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman, the judge-speaker

Alina YANUCHENKO is judge

Victor PUSKAS is judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge

Ion VASILATI is judge

with the assistance of Victoria Botnaryuk-Trelya, the secretary of meeting, the deputy manager of the Secretariat Aleksandra Armyanik, based on Art. 10 and Art. 23 of the h. (2) the Law on the Constitutional court, Art. 5 of the item i) and Art. 80 of the Code of the constitutional jurisdiction the Report on implementation of the constitutional jurisdiction in 2007 considered in plenary meeting.

Being guided by provisions of Art. 26 of the Law on the Constitutional court, Art. 61 of the h. (1) and Art. 62 of the item f) the Code of the constitutional jurisdiction, the Constitutional court DECIDES:

1. Approve the Report on implementation of the constitutional jurisdiction in 2007 with the appendices which are report component.

2. The resolution and the report are published in "Monitorul Oficial al Republicii Moldova" and go to Parliament of the Republic of Moldova, the President of the Republic of Moldova, the Government of the Republic of Moldova and the Supreme council of magistracy.

Approved by the Resolution of the Constitutional court No. 2 of January 28, 2008

The report on implementation of the constitutional jurisdiction in 2007 provided based on Art. 80 of the Code of the constitutional jurisdiction

I. STATISTICAL DATA OF IMPLEMENTATION OF THE CONSTITUTIONAL JURISDICTION IN 2007

Essential factor of development of the constitutional process in the Republic of Moldova is adoption in 1994 of the Constitution, important component of the Moldavian statehood and integral part of the European constitutional right.

The supreme law adopted by Parliament of the Republic of Moldova determined creation of the Constitutional court as specialized body of the constitutional control, confirming these accession of the Republic of Moldova to values of the European right.

The analysis of activities for last year confirms role of the Constitutional court as the creative institute promoting creation and approval of the democratic legislation in the Republic of Moldova.

In 2007 27 addresses with request about control of constitutionality of regulations (13 laws, 6 orders of the Government), one address - about interpretation of the Constitution and 3 addresses - about review of the Constitution were brought into the Constitutional court. Deputies of Parliament and parliamentary fractions provided 12 addresses, one address arrived from the President of the Republic of Moldova, 2 addresses - from parliamentary lawyers and 4 - from the Government from which 2 addresses - about making the conclusion under bills on change of the Constitution. Also 8 addresses provided at the end of 2006 are considered.

6 addresses about exceptional case of illegality and 2 requests - about recognition of 3 mandates of deputies of Parliament were considered.

From 17 constitutionalities of regulations subjected to control one act and 25 precepts of law were acknowledged constitutional, one regulation is recognized as unconstitutional.

The constitutional court accepted 34 resolutions, including 18 resolutions - about constitutionality legislative both regulations, and 16 - on the questions which are within the functional competence of Court, 3 determinations - about cessation of production.

Are not accepted to consideration on the merits of 9 addresses, 2 of nikhopredeleniye of Court.

According to the passed decisions of the judge of the Constitutional court stated 6 special opinions.

The constitutional court directed to Parliament of the Republic of Moldova representation in which stated gap availability in the legislation.

5 addresses provided at the end of 2007 are subject to consideration in 2008, in the terms provided by the law.

1.1. Art. 135 of the h. (1) item and) Constitutions (Control of constitutionality of the laws and resolutions of Parliament)

On February 13, 2007 according to the address of the deputy of Parliament the Constitutional court subjected to the constitutional control provision of the Law N 25-XVI of February 16, 2006 "About modification and amendments in article 24 of the Law on the Government N 64-XII of May 31, 1990" which created the Ministry of local public authority (the Resolution N 21).

The author of the address considers that during creation of the Ministry of local public authority the principle of local autonomy and the right of local councils and primar to be effective, according to the law as independent authorities were ignored.

The constitutional court noted that Art. 107 of the Constitution provides creation of the ministry as central industry bodies of the state which shall put into practice policy of the Government, its resolution and order. In many democratic countries, at the level of administrative and territorial units, the bodies representing the central executive authority which exercise control of activities of bodies of local public authority are created and realization of reforms in the field of local public authority promotes.

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