Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 12, 2016 No. 12

About interpretation of provisions of Art. 116 of the h. (2) and h. (4) and Art. 136 of the h. (1) Constitutions (prolongation of term of office of judges before appointment of successors to position) (the Address No. 15b/2016)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop, judges,

with the assistance of the secretary of meeting Theodor Papuk,

in view of the address provided and registered on March 12, 2016

having considered the specified address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The appeal of the Highest trial chamber brought into the Constitutional court on March 12, 2016 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item b) Constitutions, Art. 25 of the item d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about interpretation of Art. 116 of the h. (2) and h. (4) and Art. 136 of the h. (1) Constitutions.

2. The author of the address asks to give interpretation of Art. 116 of the h. (2) and h. (4) and Art. 136 of the h. (1) Constitutions in the following aspects:

"1. Whether judges of the Highest trial chamber, appeal chambers and courts have the right, and also judges of the Constitutional court to fulfill the service duties before position assignment of successors in case the term of their powers established by the law expired, and new judges were not appointed or did not enter position?

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