DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of October 18, 2011 No. 3

About elimination of inaccuracy in the Resolution No. 17 of 20.09.2011.

Constitutional court in structure:

To Alexander TENASE - the chairman

To Dumitr PULBERE - the judge

Victor PUSKAS is judge

Petra RAJLJAN - the judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge

the secretary of meeting - Dean Mustyats, being guided by provisions of Art. 73 of the Code of the constitutional jurisdiction, considered in plenary meeting the proposal of one of judges of the Constitutional court on correction of inaccuracy in the Resolution of the Constitutional court No. 17 of 20.09.2011. "About interpretation of provisions of Art. 78 of the Constitution of the Republic of Moldova".

Having considered the provided materials and having heard arguments of judges, the Constitutional court at with t and N about in and l: The resolution No. 17 of September 20, 2011 the Constitutional court gave official interpretation of provisions of Art. 78 of the Constitution of the Republic of Moldova (No. 166-169 "Monitorul Oficial al Republicii Moldova" of October 7, 2011).

During discussion in the consultative room by a majority vote of judges the decision on exception of the draft of the resolution on interpretation of Art. 78 of the Constitution of the following text was made: "In this context the Constitutional court emphasizes: the fact that the Parliament did not specify the term of holding presidential elections during temporary fulfillment of duties of the President, including repeated, does not mean that the President has the right not to realize the constitutional regulations on dissolution of Parliament after one year after the last dissolution if the head of state was not elected.", which, according to judges, does not correspond to case in point essence.

Without introduction of the relevant amendment the accepted resolution was transferred to editorial department, and afterwards was not considered by plenum of court, and signed and sent to "Monitorul Oficial al Republicii Moldova".

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