Ceasing constitutionality review on transferring CNA (anti-corruption body) under governmental control

(Complaint No. 19a/2013)

On 22 May 2013, Constitutional Court ceased the constitutionality review of the Law No. 106 of 3 May 2013 on changing and amending a number of legislative acts, regarding the transfer of the National Anti-Corruption Centre from parliamentary control under governmental control (Complaint No. 19a/2013).

Circumstances of the case

At the origin of the case is the complained lodged with the Constitutional Court on 16 May 2013 by the MP Serghei Sîrbu on the constitutionality review of the Law No. 106 of 3 May 2013 on changing and amending a number of legislative acts.

The author of the complaint particularly claimed that the provision of the Law No. 106 of 3 May 2013 affects the functional independence of the CNA and is contrary to Articles 1, 8, 39 and 54 of the Constitution.

The complaint has been tried by the Constitutional Court in the following composition:

Mr Alexandru TĂNASE, President, 

Mr Aurel BĂIEŞU,

Mr Tudor PANȚÎRU,

Mr Victor POPA,

Mr Petru RAILEAN, judges

Conclusions of the Court

Hearing the reasoning of the parties, the Court noted that the National Anti-Corruption Centre is formed and works based on the organic law, aiming at preventing and countering corruption, acts related to corruption and deeds of corrupt behaviour.

In this context, the Court reiterated that in issues and aspects where the Court does not dispose, the Parliament enjoys the freedom to autonomously decide, autonomy which is exercised by the will of the majority of its members manifested by vote, respecting the provisions and principles of the Constitution. For that purpose, the Parliament has the exclusive competence to establish provisions regarding public authorities and their competences, to decide on the manner of their application.

Consequently, taking into consideration that the Supreme Law has no provisions on the National Anti-Corruption Centre, its establishment, statute and responsibilities are under the competence of the Parliament.

In the light of the above mentioned, the Court concluded that the changes and the amendments to the Law No. 106 of 3 May 2013 regarding the statute of the National Anti-Corruption Centre represent aspects of opportunity, which are in the Parliament’s competence – creating the necessary instruments in fighting corruption – and it is out of the constitutional jurisdiction field.

In this context, the Court noted that, under the Article 60, let. (c) of the Code of Constitutional Jurisdiction, the Constitutional Court shall cease the proceedings if the settlement of the appeal does not fall under the Constitutional Court’s competence.

Decision of the Court

Starting with the above reasoning, Constitutional Court ceased the process of constitutional review of the Law No. 106 of 3 May 2013. The Judgment of the Constitutional Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Journal of the Republic of Moldova.