Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of June 4, 2014 No. 20

About control of constitutionality of some provisions of Regulations of the Parliament accepted by the Law No. 797-XIII of April 2, 1996 (The address No. 9a/2014, No. 11a/2014 and No. 28a/2014)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Serdzhiu Stratan,

in view of the address provided and registered on February 14, 2014, on February 21, 2014 and on April 14, 2014

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

having held meeting behind closed doors,

issues the following decree:

Points of order

1. The address of deputies of Parliament Artur Reshetnikov and Igor Vremya brought into the Constitutional court on February 14, 2014 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (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 Art. 27 of the h. (3), Art. 31 of the h. (4), Art. 36 of the h. (1), Art. 46 of the h. (1) - (2), Art. 47 of the h. (13) - (15), Art. 61 of the h. (4), Art. 63 of the h. (3), Art. 88 of the h. (3), Art. 102 of the h. (7), Art. 105 of the h. (2) and h. (6), Art. 129 of the h. (4), Art. 132 of the item d-1) and item d-2), Art. 133 of the h. (6) and Art. 139-1 of the h. (2) and h. (3) Regulations of Parliament, in edition of the Law No. 294 of December 12, 2013.

2. On February 21, 2014 deputies of Parliament Igor Dodon and Ion Cheban provided the address about control of constitutionality of Art. 46 of the h. (1) Regulations of Parliament in edition of the Law No. 294 of December 12, 2013.

3. Authors of the address believe, in particular, that the challenged provisions conflict to provisions of Art. 1 of the h. (3), Art. 2 of the h. (1), Art. 5 of the h. (1), Art. 6, Art. 7, Art. 32 of the h. (1), Art. 54 of the h. (1) and h. (2), Art. 60, Art. 63 of the h. (1) and h. (4), Art. 67 of the h. (2), Art. 68, Art. 70 of the h. (1) and h. (3), Art. 71, Art. 73, Art. 74, Art. 114 and Art. 134 of the h. (1) and h. (3) Constitutions.

4. Determination of the Constitutional court of March 25, 2014 without decision in essence the address was acknowledged acceptable. At the same time the petition for suspension of action of the challenged provisions was rejected.

5. Considering that regarding the requirement about control of constitutionality of Art. 46 of the h. (1) Regulations of Parliament of the address match, based on Art. 43 of the Code of the constitutional jurisdiction, the Constitutional court combined them in one production.

6. Afterwards on April 14, 2014 deputies of Parliament Mihai Ghimpu, and Corin Fusu provided to Valeriu Muntyan the address about control of constitutionality of Art. 60 of the h. (5) Regulations of Parliament in edition of the Law No. 294 of December 12, 2013.

7. Determination of May 19, 2014 the Constitutional court recognized the address No. 28a/2014 acceptable and combined it with addresses No. 9a/2014 and No. 11a/2014.

8. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova and the Government.

9. In open plenary meeting of the Constitutional court of the address authors, deputies of Parliament Igor Vremya, Ion Cheban and to Valeriu Muntyan, and also Maxim Lebedinsky, as the legal representative Igor Dodon reasoned. The parliament was provided by the chief of general legal management of the Secretariat of Parliament Ion Kryange.

Actual circumstances

10. On December 12, 2013 the Parliament of the Republic of Moldova issued the Law No. 294 on modification and amendments in Regulations of the Parliament accepted by the Law No. 797-XIII of April 2, 1996.

11. This law Parliament made number of changes and amendments in the provisions of Regulations of Parliament concerning standing powers and commissions of inquiry, the legislative procedure, passing of parliamentary meetings, the notification procedure about absence at meetings, the prohibitions and sanctions applied in relation to deputies.

Applicable legislation

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

Article 1. State Republic of Moldova

"[…]

(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 2. Sovereignty and government

"(1) National sovereignty belongs to the people of the Republic of Moldova performing it it is direct also through the representative bodies in the forms determined by the Constitution.

[…]"

Article 6. Separation and interaction of the authorities

"In the Republic of Moldova the legislative, executive and judicial authorities are divided and interact when implementing the prerogatives according to Constitution provisions".

Article 7. The constitution - the supreme law

"The constitution of the Republic of Moldova is its supreme law. Any law or other legal act contradicting Constitution provisions have no legal force".

Article 32. Freedom of opinions and expression

"(1) the freedom of thought, opinions, and also freedom of public expression by means of the word, the image or other possible methods is guaranteed to Each citizen.

[…]"

Article 60. Parliament - the highest representative and legislature

"(1) the Parliament is the supreme representative body of the people of the Republic of Moldova and the single legislature of the state.

(2) the Parliament consists of 101 deputies".

Article 63. Term of office

"(1) the Term of office of Parliament – four years. It can be extended by the organic law in case of war or catastrophic crash.

[…]

(4) Bills or legislative offers made in the agenda of Parliament of the previous structure are considered by newly elected Parliament."

Article 64. Internal organization

"(1) the Structure, the organization and activities of Parliament are determined by regulations. Sources of financing of Parliament are provided in the budget approved by it.

[…]"

Article 68. Representative mandate

"(1) In case of execution of the mandate deputies are on service of the people.

(2) Any imperative mandate is invalid".

Article 70. Incompatibility and immunity

"(1) the Provision of the deputy is incompatible with any other paid position, except for teaching and scientific activities.

(2) Other conditions of incompatibility are established by the organic law.

(3) the Deputy cannot be detained, arrested, subjected to search, except detention cases on site of crime, or it is brought to judicial responsibility without the consent of the Parliament this after hearing of the deputy".

Article 71. Independence of views

"The deputy cannot be subjected to prosecution or is brought to legal responsibility for vote or for the views expressed in case of execution of the mandate".

Article 72. Types of the laws

"(1) the Parliament adopts the constitutional, organic and ordinary laws.

[…]

(3) are regulated by the Organic law:

[…]

c) organization and activities of Parliament;

[…]"

Article 73. Legislative initiative

"The power to initiate legislation belongs to deputies of Parliament, the President of the Republic of Moldova, the Government and People's Assembly of the autonomous territorial entity Gagauzia".

Article 74. Adoption of the laws and resolutions

"(1) the Organic laws are adopted by a majority vote the elected deputies after consideration at least in two readings.

(2) the Ordinary laws and resolutions are accepted by a majority vote the present deputies.

(3) the Drafts of the laws provided by the Government and the legislative proposals of deputies approved by it are considered by Parliament, including quickly, according to established by the Government procedure and priorities. Other legislative offers are considered in accordance with the established procedure.

[…]"

Article 114. Justice implementation

"Justice is performed by law name only degrees of jurisdiction".

Article 115. Degrees of jurisdiction

"[…]

(4) the Organization and competence of degrees of jurisdiction, judicial process are established by the organic law".

Article 116. Status of judges

"(1) Judges of degrees of jurisdiction are independent, impartial and irremovable according to the law.

[…]"

Article 125. Term of office of prosecutors

"[…]

(5) When implementing the powers prosecutors submit only to the law."

13. Applicable provisions of Regulations of the Parliament accepted by the Law No. 797-XIII of April 2, 1996 (M.O., 2007, No. 50, the Art. 237):

Article 27. Functions of the permanent commissions

"[…]

(3) the Permanent commissions draw also advisory proceedings for the purpose of ensuring uniform application of the legislation which cannot be used as proofs in degrees of jurisdiction.

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