RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 18, 2013 No. 7

About control of constitutionality of some provisions of the Law No. 64-XII of May 31, 1990 on the Government in edition of the Laws of May 3, 2013 No. No. 107, 110, Presidential decrees of the Republic of Moldova of May 16, 2013 No. No. 634-VII, 635-VII and the Orders of the Government of May 16, 2013 No. 364 (the Address No. 16a/2013)

   Name of the Republic of Moldova

   Constitutional court in structure:

   To Alexander Tenase, chairman,

   Auryl to Beesh, judge-speaker

   Tudor Pantsyru,

   Victor of Pop,

   Petra Reiljan, judges,

   with the assistance of Alena Balaban, court session secretary,

   in view of the address provided and registered on May 14, 2013

   having considered the specified address in open plenary meeting, considering acts and case papers,

   issues the following decree:

Points of order

   1. Formed the basis for consideration of the case the address of deputies of Parliament of the Republic of Moldova of Mihai Ghimpu and to Valeriu Muntyan brought into the Constitutional court on May 14, 2013 according to provisions of Art. 135 of the h. (1) item and) Constitutions, Art. 25 of the item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of the Law No. 107 of May 3, 2013 on modification of article 27-1 of the Law on the Government No. 64-XII of May 31, 1990 and the Law No. 110 of May 3, 2013 on modification and amendments in the Law on the Government No. 64-VII of May 31, 1990.

   2. Authors of the address consider that the laws adopted by Parliament on May 3, 2013 equate the Prime Minister to the acting as the Prime Minister, and the dismissed Government – to the authorized Government in defiance of provisions of Art. 98 and Art. 103 of the Constitution.

   3. Determination of the Constitutional court of May 14, 2013, without decision in essence, the address was acknowledged acceptable.

   4. In plenary meeting of the Constitutional court, being guided by provisions of Art. 31 of the h. (3) the Code of the constitutional jurisdiction, authors added the bases and subject of the address and requested to exercise control of constitutionality of presidential decrees of the Republic of Moldova of May 16, 2013 No. 637-VII about release mister Mikhail Moldovana from position of the deputy prime minister and No. 635-VII about release mister Anatoliye Shalara from position of the Minister of Transports and Road Infrastructure, and also the Order of the Government No. 364 of May 16, 2013 about dismissal mister Ion Chebana (published in M.O. No. 114 of May 17, 2013) as published based on unconstitutional regulations.

   5. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government and Academy of Sciences. The president of the Republic of Moldova, the Government and Academy of Sciences did not provide written opinions.

   6. In open plenary meeting of the Constitutional court the address was reasoned by the deputy of Parliament to Valeriu Muntyan. The parliament was provided by the chief of general legal management of the Secretariat of Parliament Ion Kryange. The president of the Republic of Moldova informed on date, time and the venue of meeting did not direct the representative. The government was provided by the acting Minister of Justice Oleg Efrim.

Actual circumstances

   7. The resolution No. 28 of March 5, 2013 the Parliament expressed non-confidence vote (having adopted the resolution on non-confidence vote) to the Government of the Republic of Moldova run by the Prime Minister Vladimir Filat. To the Government it is expressed, mainly, based on suspicion of corruption and other interconnected facts no confidence.

   8. The Prime Minister Vladimir Filat provided on March 8, 2013 to the President of the Republic of Moldova resignation of the Government.

   9. In the same day the President signed the Decree No. 534-VII which accepted resignation of the Government. The same decree the head of state decided that before bringing of the oath by members of the new Government the dismissed Government will perform only management functions by public affairs.

   10. The decree No. 584-VII of April 10, 2013 the President of the Republic of Moldova approved Vladimir Filat as the candidate for position of the Prime Minister and charged it preparation of the program of activities of the Government and forming of its structure and to submit them to Parliament for consideration.

   11. The resolution No. 4 of April 22, 2013 the Constitutional court recognized unconstitutional Vladimir Filat's statement as the candidate for the Prime Minister's position.

   12. The decree No. 606 of April 23, 2013 the President of the Republic of Moldova appointed Iurie Leanca the acting as the Prime Minister (the operating (dismissed) Government).

   13. The parliament adopted on May 3, 2013 the Law No. 107 on modification and amendments in the Law on the Government No. 64-XII of May 31, 1990. Part 10 of Art. 4 of the Law was acknowledged as this Law invalid and is in details stated in new Article 71, to the providing "function of the operating (dismissed) Government".

   14. The parliament adopted on May 3, 2013 also the Law No. 110 on modification of article 27-1 of the Law on the Government No. 64-XII of May 31, 1990 providing functions of the acting as the Prime Minister. By this law of Art. 271 it was reworded as follows.

Applicable legislation

1. National legal system

   15. Applicable provisions of the Constitution (M.O., 1994, No. 1, 1994):

Article 1 State Republic of Moldova

   "(1) the Republic of Moldova - the sovereign and independent, single and indivisible state.

   (3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed."

Article 97 Structure

   "The government consists of the Prime Minister, the first deputy and deputy prime ministers, ministers and other members determined by the organic law."

Article 98 Investiture

   "(1) After consultations with parliamentary fractions the President of the Republic of Moldova proposes the candidate for the Prime Minister's position.

   (2) In 15-day time after promotion the candidate for position of the Prime Minister asks Parliament to express vote of confidence to the program of activities and all structure of the Government.

   (3) the Program of activities and structure of the Government are discussed at parliamentary session. The parliament expresses vote of confidence to the Government by a majority vote of the elected deputies.

   (4) based on the vote of confidence expressed by Parliament, the President of the Republic of Moldova appoints the Government.

   (5) the Government performs the powers from the date of bringing of the oath by his members before the President of the Republic of Moldova.

   (6) In case of need staff movements or vacancy of positions in the Government the President of the Republic of Moldova according to the proposal of the Prime Minister dismisses and appoints certain members of the government."

Article 100 Termination of Powers of the Member of the Government

   "Powers of the member of the government stop in case of resignation, dismissal, incompatibility of positions or death."

   [Art. 100 is changed by the Law No. 1115-XIV of 5.07.2000]

Article 101 Prime Minister

   "(1) the Prime Minister directs the Government and coordinates activities of his members, respecting the powers conferred to them.

   (2) in case of impossibility of performance the Prime Minister of the obligations or in case of his death the President of the Republic of Moldova appoints one of members of the government the acting as the Prime Minister before forming of the new Government. Temporary fulfillment of duties of the Prime Minister stops if the Prime Minister resumes work in the Government.

   (3) in case of resignation of the Prime Minister all Government retires."

Article 103 Termination of Powers

   "(1) the Government performs the powers before recognition valid elections of new Parliament.

   (2) in case of expression of non-confidence vote by Parliament to the Government, resignations of the Prime Minister or in the case provided by part (1), the Government before bringing of the oath by members of the new Government performs only management functions by public affairs."

   16. Applicable provisions of the Law No. 64-XII of May 31, 1990 on the Government (переопубликован: M.O., 2002, No. 131-133, of Art. 1018 of 26.09.2002, Messages No. 8/191 of 1990):

Article 1 Role of the Government

   "The government provides carrying out domestic and foreign policy of the state, performs the common directorship of public management and bears responsibility to Parliament.

   The relations of the Government with the President of the Republic of Moldova are regulated by the Constitution of the Republic of Moldova.

   When implementing the powers the Government is guided by the program of the activities approved by Parliament."

Article 3 Main activities of the Government

   "According to the powers the Government:

   1) creates conditions for achievement and ensuring economic and political sovereignty of Moldova;

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