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19.06.2018
Marketing Tobacco Products Has to Comply With Government Regulations: Application Rejected
On 19 June 2018, the Constitutional Court of Moldova delivered a decision of inadmissibility on the constitutional review of a number of provisions of para. 3 of Government Decision no. 613 of 1 August 2017 approving the Sanitary Regulations on health warnings and labelling of tobacco products, tobacco intended for rolling cigarettes and related products.  The Government Decision no. 613 of 1 August 2017 was enacted on 1 January 2018. According to para. 3 of this Decision, the stocks of
352 Views   
04.06.2018
The Court Examined the Constitutionality of Certain Legal Provisions on the Use of Russian Language on the Territory of the Republic of Moldova and on the Inapplicability of Constitutional Review of Laws Passed Prior to the Entry Into Force of the Constitution
On Monday, 4 June 2018, the Constitutional Court of Moldova was called upon to deliver on the constitutionality of certain provisions of the Law on the use of languages spoken on the territory of the Moldovan Soviet Socialist Republic, Law on publishing and enactment of official acts, Law on the rights of individuals belonging to national minorities and legal status of their organisations, Parliament’s Rules of Procedure, Code of constitutional jurisdiction and the Law on the Constitutional Court.Circumstances of the
2594 Views   
   
04.06.2018
The Court Examined the Constitutionality of Certain Provisions of the Audiovisual Code on State Informational Security
 On Monday, 4 June 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the Law no. 257 of 22 December 2017 amending the Audiovisual Code.Circumstances of the caseThe application underlying this case was filed by the President of the Republic of Moldova, Mr. Igor Dodon, thus challenging the Law no. 257 of 22 December 2017 amending Audiovisual Code.According to the applicant, the contested law that bans broadcasters and distributors of mass information services from transmitting informational,
678 Views   
22.05.2018
The Court Examined the Constitutionality of Certain Provisions on Transportation Expenses of Goods Included in Customs Value
On Tuesday, 22 May 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the phrase: ”applicable to the same means of transportation” of para. 8 (3) of the Regulation on declaring the customs value of goods brought into the territory of the Republic of Moldova, approved by the Government Decision no. 600 of 14 May 2002. Circumstances of the caseThe exception of unconstitutionality underlying this case was raised by the attorney Petru Balan in the case no.
350 Views   
   
18.05.2018
Justices From the People’s Republic of China Visited the Constitutional Court of the Republic of Moldova
On Friday, 18 May 2018, the President of the Constitutional Court of the Republic of Moldova, Mr. Mihai Poalelungi, received the visit of a delegation of justices of the Supreme People’s Court and other courts of the People’s Republic of China.The delegation was headed by Mr. Hu Yunteng, justice and standing member of the judicial committee of the Supreme People’s Court.Discussions were focused on aspects of comparative law of the justice systems of the two states. President Poalelungi described to
418 Views   
14.05.2018
The Court Examined the Constitutionality of Certain Normative Provisions on the Scope of Judicial Review Made By the Supreme Court of Justice With Respect to Decisions of the Superior Council of Magistrates
On Monday, 14 May 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the phrases “[…] only in the part related to the procedure of issuing/adoption.” of Article 25 (1) of the Law no. 947 of 19 July 1996 on the Superior Council of Magistrates and “b) verifies the legality of the decisions of the Superior Council of Magistrates in cases provided by the law;” of Article 10 (1) of the Law on administrative litigations no.
229 Views   
   
14.05.2018
The Court Examined the Constitutionality of Certain Provisions of the Criminal Code on to the Use of Fake Documents of Particular Importance
Monday, May 14, 2018, the Constitutional Court delivered a judgment on an exception of unconstitutionality of Article 361 (2) let. c) of the Criminal Code (fabrication, possession, sale, or use of fake documents of particular importance). - Application no. 25g/2018.Circumstances of the case:The exception of unconstitutionality underlying this case was raised by the attorney Igor Chiriac, in a pending trial before the Court of Law of Strășeni. According to him, the provision of Article 361 (2) c) of the Criminal
231 Views   
08.05.2018
The Court Examined the Constitutionality of Certain Provisions of the Contravention Code
On Tuesday, 8 May 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the texts: "domiciled in the Republic of Moldova" of Article 2 (1) and "the insured person establishing a domicile abroad is not entitled to pension payment according to this law" of Article 36 (1) of the Law no. 156 of 14 October 1998 on the public pension system (Application no.24g/2018).Circumstances of the caseThe exception of unconstitutionality underlying this case was raised by the
809 Views   
   
08.05.2018
Validation of an MP’s mandate
On 8 May 2018, the Constitutional Court of Moldova delivered its judgment on the validation of an Member of Parliament’s mandate (Application no. 51e/2018). Circumstances of the CaseOn 3 May, by Decision no. 80, the Parliament declared vacant an MP’s mandate from the list of the Democratic Party of Moldova, following the resignation of the MP Nicolai Dudoglo.By Decision no. 1587 of 4 May 2018, the Central Electoral Commission noticed the vacancy of an MP’s mandate and submitted to the Constitutional
364 Views   
   
26.04.2018
The Court Examined the Constitutionality of Certain Provisions of the Code of Civil Procedure on Judicial Mediation
On Thursday, 26 April 2018, the Constitutional Court delivered a judgment on the exception of unconstitutionality of certain provisions of the Law on the Code of Civil Procedure no. 225 of 30 May 2003 (Complaint no. 3g/2018).Circumstances of the caseThe case originated in an exception of unconstitutionality raised by the lawyer Alexandru Prisac, before the Court of Law of Căușeni, Ştefan-Vodă district.The exception challenges the constitutionality of Articles 1821, 1822, 1823, 1824 and 1825 of the Law on the Code
1597 Views   
26.04.2018
The Court Examined the Constitutionality of Provisions of the Contravention Code on Paying the Fine in 72 Hours
On Thursday, 26 April 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the text “from the moment the fine was fixed” of the phrase I of Article 34 (3) of the Contravention Code no. 218 of 24 October 2018. Circumstances of the caseThe exception of unconstitutionality underlying this case was raised ex-officio by Mr. Ghenadie Eremciuc, judge of the Court of Law of Bălți, examining a challenge related to the provisions considered for this constitutional review.
31779 Views   
   
19.04.2018
The Issuing of Protection Orders Based on Declarations of the Victim Is Not Covered by the Presumption of Innocence
Circumstances of the caseThis case originated in an exception of unconstitutionality raised by Mr. I. Petrușca before the Court of Appeal of Chișinău. The exception doubted the constitutionality of Article 3183 (2) of the Civil Procedure Code, whereby an independent statement of the victim would suffice for an ordinance for civil protection to be issued by the court of law, in case of an imminent danger of physical violence.The author of the exception of unconstitutionality alleged that the challenged provisions
601 Views   
19.04.2018
The judicial review of the decisions of the Superior Council of Prosecutors does not raise constitutional issues
On 19 April 2018, the Constitutional Court of Moldova delivered a decision of inadmissibility on the constitutional review of Article 79 (2) of the Law no. 3 of 25 February 2016 on Prosecution. This article provides for the judicial review of the decisions of the Superior Council of Prosecutors to be exercised by the panel of judges examining challenges against the decisions of the Superior Council of Magistrates.The exception of unconstitutionality underlying this case was raised by the former prosecutor
578 Views   
   
   
05.04.2018
The working meeting of the Third Congress of the the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ)
On 3rd and 4th April 2018, the working meeting took place of the Presidents of Constitutional Courts- members of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ) in Tbisili, Georgia. The meeting was scheduled in order to prepare the Third Congress of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ), which will take place on 16th and 17th May 2018, in Tbilisi.During this meeting, the representatives
176 Views   
16.03.2018
Structural changes in the Constitutional Court of Moldova
On Friday, 16 March 2016, the new judge of the Constitutional Court Mr Mihai Poalelungi has taken the oath before the Parliament and the members of the Superior Council of Magistracy, based on the provisions of Article 12 of the Law on the Constitutional Court no.317-XIII of 13.12.1994. According to the law, starting from this moment the judge officially takes the office.At the plenary sitting of the Constitutional Court that took place at the same date, Mr Mihai Poalelungi was
2752 Views   
   
02.03.2018
The Constitutional Tribunal of Poland expressed the intention to join the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ)
On 22 February 2018 the President of the Constitutional Court of Georgia Zaza Tavadze, as Acting President of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ)  received the letter from the President of  Constitutional Tribunal of Poland  Julia Przylebska expressing willingness to become the  member of the BBCJ.  In the motivation letter it is highlighted that the Constitutional Tribunal shares the aims outlined in the Declaration on the Establishment of the Association
423 Views   
   
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