DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 18, 2008 No. 16

Constitutional court in structure:

To Dumitr PULBERE - the chairman

Alina YANUCHENKO is judge

Victor PUSKAS is judge

Petra RAJLJAN - the judge

Elena SAFALERU is judge-speaker

Valeria SHTERBETS is judge

with the assistance of Victoria Botnaryuk-Trelya, the secretary of meeting, having considered according to Art. 44 of the Code of the constitutional jurisdiction the address about control of constitutionality of Art. 25 of the Law on the Constitutional court, Art. 29 of the h. (1) item and) and Art. 38 of the h. (1) the Code of the constitutional jurisdiction, established:

1. On November 14, 2008 the deputy of Parliament to Dumitr Bragish appealed to the Constitutional court with request about control of constitutionality of Art. 25 of the Law on the Constitutional court N 317-XIII of December 13, 1994 of year/1, of Art. 29 of the h. (1) item and) and Art. 38 of the h. (1) the Code of the constitutional jurisdiction approved by the Law N 502-XIII of June 16, 1995 goda./2

The specified regulations establish bodies and the officials given the right of the address to the Constitutional court.

As it is seen from the address, the author does not agree with absence in the disputed laws of the provision providing the right of citizens to the address to the Constitutional court. In his opinion, the disputed provisions of the law contradict Art. 20 of the Constitution about open entry to justice.

Previously having considered the address, the Constitutional court notes the following.

Proceeding from provisions of Art. 135 of the h. (1) item and) and Art. 140 of the h. (1) Constitutions according to which the laws can only be subject of the constitutional control, other regulations or their parts, constitutionality control cannot concern legislative gaps at all, otherwise the Constitutional court would become the positive legislator, the role by right allocated for Parliament which by the nature and functions is the single legislature of the state according to Art. 60 of the h. (1) Constitutions.

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