Glossary of Terms

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Author of the complaint - authority entitled to lodge complaints to the Constitutional Court in line with the provision of the art.25 of the Law on the Constitutional Court and art.38 of the Code of Constitutional Jurisdiction. These authorities are:

  • President of the Republic of Moldova;
  • Government;
  • Justice Minister;
  • Supreme Court of Justice;
  • General Prosecutor;
  • Member of the Parliament;
  • Parliamentary Group;
  • Ombudsman;
  • Central Electoral Commission;
  • General Assembly of Găgăuzia (Gagauz-Yeri).

 

Representative of the authority referred to - legal councillor entitled to practice in the Republic of Moldova or another person agreed by the Court. In case the author of the complaint is represented, all the useful information shall be provided in a specific section of the complaint. In this case, the Courts Secretariat shall only be in correspondence with the representative.

 

Complaint - is an appeal in writing on behalf of an authority entitled to act in this respect, which comprises the ground and the matter of the complaint, circumstances serving as grounds for the requirements, the request itself, contact details, and the signature.

 

Accepted complaint - complaint falling within the matter of competence of the Constitutional Court.

 

Dismissed complaint - complaint which does not fall within the competence of the Constitutional Court, or which has a general character, or which lacks the arguments reported for each contested legal provision, or which does not allow to figure out the casual link between the contested legal provision and the constitutional norms referred to as being infringed.

 

Returned complaint - referral which does not correspond in its form and content to the requirements of the constitutional jurisdiction's procedures, in particular with regards to the matter of referral. In this case the referral is returned for the concretization of the matter and in order to be brought in line with the provisions of the art. 39 of the Code of Constitutional Jurisdiction.

 

Acts of the Constitutional Court - decisions and judgements pronounced by the Constitutional Court within the process of practising the constitutional jurisdiction, as well as the issuing of opinions with open voting. The pronouncing of judgments and the issuing of opinions occur in the case of solving the referral in its substance. And in the case of failing to solve the referral in its substance there is pronounced a decision which is drafted as a distinct act either it is registered in the minutes.

 

Judgement - the act by which the Constitutional Court concludes on the following:

  • Constitutionality of laws, regulations and decisions al of the Parliament;
  • Constitutionality of the decrees of the President of the Republic of Moldova;
  • Constitutionality of Government's decisions and arrangements;
  • Constitutionality of the international treaties to which the Republic of Moldova is signatory;
  • Interpretation of the Constitution;
  • Confirms the results of the republican referendums;
  • Confirms the election of the President of the Republic of Moldova;
  • Solves the exceptions of unconstitutionality of juridical acts seised by the Supreme Court of Justice;
  • Other situations in its competences.

 

Opinion - act by which the Constitutional Court concludes on the following:

  • Initiatives of revising the Constitution;
  • Circumstances justifying the dissolution of the Parliament;
  • Circumstances justifying the suspension of the President of the Republic of Moldova;
  • Circumstances justifying the interim of the office of the President of the Republic of Moldova;
  • Constitutionality of a party;
  • Other cases under its competences.

 

Decision - act pronounced by the Constitutional Court, its President or Court's judges in the case of unresolved notice in its substance.

 

Dissenting Opinion - written expression of position of the Constitutional Court's judge, by which is conveyed his/her disagreement with regards to the pronounced judgement or the issued opinion. The separate opinion of the judge can be annexed on his/her request to the adopted act, though it does not have juridical value, mostly serving only as a source of inspiration for scholars;

 

Address - act by which the Constitutional Court finds the existence of some lacks in legislation, which is due to the non-implementation of some provisions of the Constitution and by which it requests from the respective bodies the elimination of those lacks.

 

Circumstances of the case - developments serving as legal ground for seising the Constitutional Court.

 

Assessment of the Court - logic-juridical analysis and finding of the alleged infringement, supplemented by the juridical explanation and justification of the Court's position.

 

Arguments of the referral's author - author's explanations on the casual link between the contested norm and the alleged constitutional infringement and in the case of Constitution's interpretation - explanations on the interpretations of certain constitutional provisions.

 

Arguments of the authorities - arguments submitted by the representative of the respective authorities supporting their position.

 

Legal source - provisions of the Constitution, as well as regulations of the juridical act by which there have allegedly been infringed constitutional provisions.

 

Press release - concise description of the examined case by the Constitutional Court, as well as its position, made known to the wide public.

 

Suspended process - Constitutional Court disposes the suspension of the process if:

  • The referral is withdrawn;
  • The referral is out of the competence of the bodies and people that submitted it;
  • Solving if the referral is not in line with the competences of the Constitutional Court;
  • Exception of unconstitutionality of the contested normative act is resolved;
  • A previous judgement of the Constitutional Court has been pronounced;
  • A parity of votes there is registered when pronouncing the judgement, decision or opinion.

 

 

 
 
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