RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of March 22, 2011 No. 6

About exceptional case of illegality of Art. 62 of the h. (1) the item d) the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008 (1)

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman, the judge-speaker

Victor PUSKAS is judge

Petra RAJLJAN - the judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge the secretary of meeting - Dean Mustyats, with the assistance of the representative of Parliament Victor Morgoch, representatives of the Government Oleg Efrim and Tamara Georgitse, 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 Art. 62 of the h in open plenary meeting. (1) the item d) the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008.

The appeal of the Highest trial chamber provided on November 15, 2010 according to Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 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 December 8, 2010 to consideration on the merits and is included in the agenda.

During preliminary consideration of the address the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Prosecutor General's Office, the Ministry of Justice, Institute of history, the state and the right of Academy of Sciences of Moldova, the Center for human rights, "Alliance for Justice and Human Rights" non-governmental organization, the Moldavian state university, the International independent university of Moldova.

Having considered case papers, having heard the message of the judge-speaker and explanation of participants of process, the Constitutional court at with t and N about in and l:

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