RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 30, 2009 No. 12

About exceptional case of illegality of the syntagma "availability of nationality of other state" containing in Art. 43 of the h. (2) the item k) the Law on service in customs authorities No. 1150-XIV of 20.07.2000.

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman

Alina YANUCHENKO is judge

Victor PUSKAS is judge

Petra RAJLJAN - the judge-speaker

Valeria SHTERBETS is judge

the secretary of meeting Tatyana Oborok, with the assistance of permanent representatives in the Constitutional court, Parliament, Ion Mytsu, and the Government, to Nicolae Eshan, being guided by Art. 135 of the h. (1) item g) Constitutions, Art. 4 of the h. (1) item g) Law on the Constitutional court, Art. 4 of the h. (1) item g) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on exceptional case of illegality of the syntagma "availability of nationality of other state" containing in Art. 43 of the h in open plenary meeting. (2) the item to) the Law on service in customs authorities No. 1150-XIV of 20.07.2000.

The appeal of the Highest trial chamber provided on February 23, 2009 according to Art. 24 and Art. 25 of the item d) the Law on the Constitutional court, Art. 38 of the item d) and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

The address was accepted determination of the Constitutional court of April 3, 2009 to consideration on the merits.

During preliminary consideration of the address the Constitutional court had the points of view provided by Parliament, the President of the Republic of Moldova, the Government, the Ministry of Justice, the Ministry of Economy and Trade, the Prosecutor General's Office, Customs Service, the Center for human rights.

Having considered case papers, having heard the message of the judge-speaker and explanation of participants of process, the Constitutional court established:

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