Judgment no. 7 of 24.05.2012
JUDGEMENT On constitutionality control of some provisions of the Law No. 1234-XIV of 22.09.2000 regarding the procedure for electing the President of the Republic of Moldova (Complaint 1a/2012)
The subject of complaint: Member of Parliament
Type of judgment: constitutional review of laws, regulations and decisions of the Parliament
Provision: provisions declared constitutional in part/unconstitutional in part
Application:
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1. The case originated in the complaint filed by the parliamentarian Mihai Godea for control of constitutionality of some provisions of the Law No. 1234-XIV of 22.09.2000 “on the procedure for electing the President of the Republic of Moldova”, lodged with the Constitutional Court on 27 January 2012, under articles 135 paragraph (1) letter a) of the Constitution, 25 paragraph (1) letter g) of the Law on the Constitutional Court and 38 paragraph (1) letter g) of the Code of Constitutional Jurisdiction, and accepted for review by the Court of the decision of 6 February 2012.
2. The author of the complaint claimed, in particular, that the provisions of article 5 paragraph(6), article 6 paragraph (2), (3) and (4), article 9 paragraph (1) and (7) and article 10 paragraph (3) of Law No. 1234 are contrary to the provisions laid down in article 1 paragraph (3), article 2 paragraph (2), article 7, article 15, article 68 paragraph (1), article 72, article 78, article 135 paragraph (1) letter b) and article 140 of the Constitution of the Republic of Moldova.
3. During the examination of the complaint, the Constitutional Court ordered Parliament s views, of the President of the Republic of Moldova, of the Government, of the Ministry of Justice, of the Department of Constitutional and Administrative Law of the State University of Moldova.
4. At the plenary session of the Court the author of the referral, Mr. Mihai Godea, Member of Parliament, participated. The Parliament was represented by Mr. Victor Morgoci, Deputy Head of the Legal Directorate of the Parliament Secretariat. The Government was represented by Mr. Vladimir Grosu, Deputy Minister of Justice.
5. In the public plenary meeting of 17 May, 2012, the author of the complaint requested the adjournment of the process for the control of constitutionality of the provisions of article 9 paragraph (1) of Law No. 1234, withdrawing his allegations of unconstitutionality.







