RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of February 8, 2011 No. 2

About interpretation of Art. 90 of the h. (4) Constitutions of the Republic of Moldova

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman

Victor PUSKAS is judge-speaker

Petra RAJLJAN - the judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge

the secretary of meeting Dina Mustyatsa, with the assistance of authors of the address, deputies of Parliament Sergey Syrbu and Artur Reshetnikov, representatives of Parliament Ion Kryange and Victor Pop, the permanent representative of the Government in the Constitutional court Oleg Efrim, being guided by provisions of Art. 135 of the h. (1) item b) Constitutions, Art. 4 of the h. (1) item b) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on interpretation of Art. 90 of the h in open plenary meeting. (4) Constitutions of the Republic of Moldova.

The address of deputies of Parliament Sergey Syrbu and Artur Reshetnikov provided 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 January 27, 2011 to consideration on the merits and is included in the agenda in priority procedure.

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:

1. Authors of the address ask to give interpretation of Art. 90 of the h. (4) Constitutions in two aspects:

Whether 1) It is applicable established in Art. 90 of the p. (4) term and in case of temporary fulfillment of duties of the President of the Republic of Moldova?

2) In what time the newly elected Parliament shall carry out the procedure of election of the President of the Republic of Moldova if earlier the position of the head of state was held by establishment of temporary fulfillment of duties and with what moment this term begins?

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