<![CDATA[Constitutional Court of the Republic of Moldova]]> http://www.constcourt.md/ 18.10.2019 en http://www.constcourt.md/ Copyright (c) 2019 http://www.constcourt.md/Request to Revise Judgment on Constitutional Court President’s Election – Rejected <![CDATA[Request to Revise Judgment on Constitutional Court President’s Election – Rejected // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1571&t=/Media/News/Request-to-Revise-Judgment-on-Constitutional-Court-Presidents-Election-Rejected/ ]]> 20.08.2019 20:56 Constitutional Court Revised Acts Delivered on 7-9 June 2019 <![CDATA[Constitutional Court Revised Acts Delivered on 7-9 June 2019 // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1509&t=/Media/News/Constitutional-Court-Revised-Acts-Delivered-on-7-9-June-2019/ ]]> 15.06.2019 13:58 Constitutional Court of Moldova Rejects Recent Criticism <![CDATA[Constitutional Court of Moldova Rejects Recent Criticism // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1504&t=/Media/News/Constitutional-Court-of-Moldova-Rejects-Recent-Criticism/ ]]> 11.06.2019 08:02 President of the Republic of Moldova May Nominate a Candidate to the Office of Prime Minister Once the Speaker and Leading Units of the Parliament Are Elected <![CDATA[President of the Republic of Moldova May Nominate a Candidate to the Office of Prime Minister Once the Speaker and Leading Units of the Parliament Are Elected // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1487&t=/Media/News/President-of-the-Republic-of-Moldova-May-Nominate-a-Candidate-to-the-Office-of-Prime-Minister-Once-the-Speaker-and-Leading-Units-of-the-Parliament-Are-Elected/ ]]> 15.05.2019 12:33 Parliament May Amend Electoral System Earlier than a Full Parliamentary Term, However New Electoral System May Not Apply to Snap Parliamentary Elections <![CDATA[Parliament May Amend Electoral System Earlier than a Full Parliamentary Term, However New Electoral System May Not Apply to Snap Parliamentary Elections // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1480&t=/Media/News/Parliament-May-Amend-Electoral-System-Earlier-than-a-Full-Parliamentary-Term-However-New-Electoral-System-May-Not-Apply-to-Snap-Parliamentary-Elections/ ]]> 26.04.2019 09:26 Court Confirmed the Constitutionality of Legal Provisions on Amnesty for Mothers of Children under Eight <![CDATA[Court Confirmed the Constitutionality of Legal Provisions on Amnesty for Mothers of Children under Eight // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1466&t=/Media/News/Court-Confirmed-the-Constitutionality-of-Legal-Provisions-on-Amnesty-for-Mothers-of-Children-under-Eight/ ]]> 08.04.2019 15:05 Ban on Trading Tobacco Products Near Educational and Healthcare Institutions – Constitutional <![CDATA[Ban on Trading Tobacco Products Near Educational and Healthcare Institutions – Constitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1464&t=/Media/News/Ban-on-Trading-Tobacco-Products-Near-Educational-and-Healthcare-Institutions-Constitutional/ ]]> 08.04.2019 11:26 Time Limit on Disputing Bailiff’s Acts Shall Run from the Date the Issued Act Was Communicated <![CDATA[Time Limit on Disputing Bailiff’s Acts Shall Run from the Date the Issued Act Was Communicated // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1463&t=/Media/News/Time-Limit-on-Disputing-Bailiffs-Acts-Shall-Run-from-the-Date-the-Issued-Act-Was-Communicated/ ]]> 05.04.2019 15:08 The Court Examined the Constitutionality of Legal Provisions Barring Rulings on Rejecting Debtors’ Claims Against Payment-Order Proceedings From Being Appealed <![CDATA[The Court Examined the Constitutionality of Legal Provisions Barring Rulings on Rejecting Debtors’ Claims Against Payment-Order Proceedings From Being Appealed // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1434&t=/Media/News/The-Court-Examined-the-Constitutionality-of-Legal-Provisions-Barring-Rulings-on-Rejecting-Debtors-Claims-Against-Payment-Order-Proceedings-From-Being-Appealed/ ]]> 19.03.2019 14:52 The Moment the 5-Days Time-Limit Starts Running When Challenging a Criminal Prosecution Authority’s Refusal to Receive Complaints on Criminal Offences – Unconstitutional <![CDATA[The Moment the 5-Days Time-Limit Starts Running When Challenging a Criminal Prosecution Authority’s Refusal to Receive Complaints on Criminal Offences – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1431&t=/Media/News/The-Moment-the-5-Days-Time-Limit-Starts-Running-When-Challenging-a-Criminal-Prosecution-Authoritys-Refusal-to-Receive-Complaints-on-Criminal-Offences-Unconstitutional/ ]]> 19.03.2019 09:53 Does the Constitution Safeguard a Right to Renounce Identification Number? <![CDATA[Does the Constitution Safeguard a Right to Renounce Identification Number? // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1408&t=/Media/News/Does-the-Constitution-Safeguard-a-Right-to-Renounce-Identification-Number/ ]]> 04.02.2019 16:42 The Constitutional Court of Moldova: Fathers of Four or More Children Shall Also Be Entitled to State-Sponsored Health Insurance <![CDATA[The Constitutional Court of Moldova: Fathers of Four or More Children Shall Also Be Entitled to State-Sponsored Health Insurance // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1391&t=/Media/News/The-Constitutional-Court-of-Moldova-Fathers-of-Four-or-More-Children-Shall-Also-Be-Entitled-to-State-Sponsored-Health-Insurance/ ]]> 18.01.2019 11:15 The Constitutional Court of Moldova: No Competition Between the President and the Parliament in Defence Policy <![CDATA[The Constitutional Court of Moldova: No Competition Between the President and the Parliament in Defence Policy // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1359&t=/Media/News/The-Constitutional-Court-of-Moldova-No-Competition-Between-the-President-and-the-Parliament-in-Defence-Policy/ ]]> 21.12.2018 10:24 Three New Judges of the Constitutional Court of Moldova Took the Oath Before Parliament <![CDATA[Three New Judges of the Constitutional Court of Moldova Took the Oath Before Parliament // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1353&t=/Media/News/Three-New-Judges-of-the-Constitutional-Court-of-Moldova-Took-the-Oath-Before-Parliament/ ]]> 14.12.2018 15:35 The Visit of a Delegation of the Constitutional Court of Moldova at the Supreme Court of Estonia <![CDATA[The Visit of a Delegation of the Constitutional Court of Moldova at the Supreme Court of Estonia // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1343&t=/Media/News/The-Visit-of-a-Delegation-of-the-Constitutional-Court-of-Moldova-at-the-Supreme-Court-of-Estonia/ ]]> 10.12.2018 13:40 The Court Examined the Constitutionality of Certain Provisions of the Contraventions Code on the Nullity of Administrative Notice of Violation <![CDATA[The Court Examined the Constitutionality of Certain Provisions of the Contraventions Code on the Nullity of Administrative Notice of Violation // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1333&t=/Media/News/The-Court-Examined-the-Constitutionality-of-Certain-Provisions-of-the-Contraventions-Code-on-the-Nullity-of-Administrative-Notice-of-Violation/ ]]> 29.11.2018 13:37 A Blanket Prohibition of Access to the Case-File to the Victims of Torture and Their Representatives in Criminal Cases – Unconstitutional <![CDATA[A Blanket Prohibition of Access to the Case-File to the Victims of Torture and Their Representatives in Criminal Cases – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1332&t=/Media/News/A-Blanket-Prohibition-of-Access-to-the-Case-File-to-the-Victims-of-Torture-and-Their-Representatives-in-Criminal-Cases-Unconstitutional/ ]]> 29.11.2018 11:49 The Impossibility of the Accused Legal Entity and the Failure to Regulate the Possibility of an Indicted Legal Entity to Appoint a Representative in Criminal Proceedings – Unconstitutional <![CDATA[The Impossibility of the Accused Legal Entity and the Failure to Regulate the Possibility of an Indicted Legal Entity to Appoint a Representative in Criminal Proceedings – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1331&t=/Media/News/The-Impossibility-of-the-Accused-Legal-Entity-and-the-Failure-to-Regulate-the-Possibility-of-an-Indicted-Legal-Entity-to-Appoint-a-Representative-in-Criminal-Proceedings-Unconstitutional/ ]]> 22.11.2018 16:29 The Court Examined the Constitutionality of the Conditions on Granting Disability Pensions <![CDATA[The Court Examined the Constitutionality of the Conditions on Granting Disability Pensions // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1330&t=/Media/News/The-Court-Examined-the-Constitutionality-of-the-Conditions-on-Granting-Disability-Pensions/   On Thursday, 22 November 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of the table no. 1 of para. (1) of Article 20 of the Law no. 156 of 14 October 1998 on the public pensions system. The circumstances of the caseThe case originated in an exception of unconstitutionality referred to the Court upon the request of the attorney Alexandru Cebănaș in the case no. 3-51/2018 pending before Chișinău District Court. The applicant alleged that the ]]> 22.11.2018 15:15 The Impossibility to Punish Domestic Violence in Contravention Cases – Unconstitutional <![CDATA[The Impossibility to Punish Domestic Violence in Contravention Cases – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1329&t=/Media/News/The-Impossibility-to-Punish-Domestic-Violence-in-Contravention-Cases-Unconstitutional/ On Thursday, 22 November 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of certain provisions of Article 781 of the Contravention Code (Application no. 111g/2018).  The circumstances of the case The application was referred to the Court, ex-officio, by Ms. Maria Frunze, who is a judge at the Chișinău District Court, in a pending process examining a violation notice on the offence provided by Article 781 [Domestic violence] of the Contravention Code against an individual who reached the general retirement age. The ]]> 22.11.2018 12:54 Making Preventive Arrest Contingent Upon an Individual Pleading Guilty is in Breach of the Constitution <![CDATA[Making Preventive Arrest Contingent Upon an Individual Pleading Guilty is in Breach of the Constitution // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1318&t=/Media/News/Making-Preventive-Arrest-Contingent-Upon-an-Individual-Pleading-Guilty-is-in-Breach-of-the-Constitution/ On Tuesday, 30 October 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of certain provisions of Article 185 para. (1) of the Criminal Procedure Code. The circumstances of the caseThe case originated in applications nos. 130g/2018 and 133g/2018 on the exception of the unconstitutionality of the text “and in the case of offenses which were committed with no physical or mental constraints being applied and which did not lead to harm to the life and health of ]]> 30.10.2018 14:59 The Constitutional Court’s Solution on Children's Vaccination and Their Access to Educational and Recreational Institutions <![CDATA[The Constitutional Court’s Solution on Children's Vaccination and Their Access to Educational and Recreational Institutions // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1317&t=/Media/News/The-Constitutional-Courts-Solution-on-Childrens-Vaccination-and-Their-Access-to-Educational-and-Recreational-Institutions/ On Tuesday, 30 October 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of Article 52 para. (6) of the Law no. 10 of 3 February 2009 on State oversight of public health and para. 21 subparagraph (1) let. e) of the National Immunisation Programme for 2016-2020 years, approved by the Government Decision no. 1113 of 6 October 2016.    The circumstances of the caseThe case originated in an application lodged with the Court on 1 October 2018 pursuant ]]> 30.10.2018 13:02 The Ban on Voting in Elections, Imposed on Persons With Mental Disabilities, Unconstitutional <![CDATA[The Ban on Voting in Elections, Imposed on Persons With Mental Disabilities, Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1302&t=/Media/News/The-Ban-on-Voting-in-Elections-Imposed-on-Persons-With-Mental-Disabilities-Unconstitutional/ On Thursday, 11 October 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of Article 13 para. (1) let. b) of the Electoral Code. The circumstances of the caseThe case originated in an exception of unconstitutionality of Article 13 para. (1) let. b) of the Electoral Code, invoked by attorney Alexandru Cebănaș in the case no. 2-2766/2017, pending before the Court of Law of Chișinău, Ciocana office. The applicant alleged that the provisions of Article 13 para. ]]> 11.10.2018 15:53 The Constitutional Court of Moldova Ruled: Citizens May Enjoy the Right to Initiate Legislative Referendums, Under the Law <![CDATA[The Constitutional Court of Moldova Ruled: Citizens May Enjoy the Right to Initiate Legislative Referendums, Under the Law // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1293&t=/Media/News/The-Constitutional-Court-of-Moldova-Ruled-Citizens-May-Enjoy-the-Right-to-Initiate-Legislative-Referendums-Under-the-Law/ ]]> 02.10.2018 11:36 The Imprecise Phrasing of a Provision of the Criminal Code on the Excess of Power and Excess of Official Authority Resulting in Serious Consequences – Unconstitutional <![CDATA[The Imprecise Phrasing of a Provision of the Criminal Code on the Excess of Power and Excess of Official Authority Resulting in Serious Consequences – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1292&t=/Media/News/The-Imprecise-Phrasing-of-a-Provision-of-the-Criminal-Code-on-the-Excess-of-Power-and-Excess-of-Official-Authority-Resulting-in-Serious-Consequences-Unconstitutional/ The Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of Article 328 para. (3)   let.  d)  of the Criminal Code (excess of power and excess of official authority resulted in serious repercussions). Circumstances of the caseThe exceptions of unconstitutionality underlying this case was lodged with the Court by the attorney Radu Dumneanu, in a case pending before the Court of Law of Chișinău, Râșcani office. According to him, the provisions of Article 328 para. (3)   let.  d) ]]> 01.10.2018 11:19 The Court Examined the Constitutionality of Certain Provisions of the Criminal Procedure Code on the Effect of Its Rulings in Time, Within the Judicial Review Procedure <![CDATA[The Court Examined the Constitutionality of Certain Provisions of the Criminal Procedure Code on the Effect of Its Rulings in Time, Within the Judicial Review Procedure // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1291&t=/Media/News/The-Court-Examined-the-Constitutionality-of-Certain-Provisions-of-the-Criminal-Procedure-Code-on-the-Effect-of-Its-Rulings-in-Time-Within-the-Judicial-Review-Procedure/ On Monday, 1 October 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of Article 458 para. (3) item 4) of the Criminal Procedure Code. The circumstances of the caseThe case originated in an application lodged with the Court by the MP Ștefan Creangă. He alleged that the challenged provision is actually interpreted so that, in criminal cases, the review of the final judicial decisions is only possible upon the declaration of unconstitutionality of a provision of the ]]> 01.10.2018 10:11 Reading Suggestion: Eugen Ehrlich - On the "Living Law" <![CDATA[Reading Suggestion: Eugen Ehrlich - On the "Living Law" // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1288&t=/Media/News/Reading-Suggestion-Eugen-Ehrlich-On-the-Living-Law/ Eugen Ehrlich (1862-1922) was an Austrian lawyer who was born and worked as a law professor in Chernivtsi (now in Ukraine). He became known worldwide particularly for the “living law” doctrine, developed in his work Fundamental Principles of the Sociology of Law. Suffice it to recall that the depth of his work has been recognised by jurists like Oliver Wendell Holmes, an Associate Justice of the Supreme Court of the United States (“the best book on legal subjects by any living ]]> 27.09.2018 09:59 Examination By the Supreme Court of Justice of Appeals Against Appellate Courts’ Decision in the Absence of Parties: Application Rejected <![CDATA[Examination By the Supreme Court of Justice of Appeals Against Appellate Courts’ Decision in the Absence of Parties: Application Rejected // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1256&t=/Media/News/Examination-By-the-Supreme-Court-of-Justice-of-Appeals-Against-Appellate-Courts-Decision-in-the-Absence-of-Parties-Application-Rejected/   On 9 July 2018, the Constitutional Court of Moldova delivered a decision of inadmissibility on a constitutional review of Article 432 para. 5 and Article 433 para. 1 of Criminal Procedure Code, providing that the appeal proceedings shall be conducted in a public hearing only when the section examining the admissibility of the appeal finds a particular interest of the case for the case-law. The case originated in an application lodged with the Court by the MP Ștefan Creangă. He contended ]]> 23.07.2018 16:45 Decisions of the Bar Examination Board Shall Be Subject to Full Judicial Review, in Fact and in Law <![CDATA[Decisions of the Bar Examination Board Shall Be Subject to Full Judicial Review, in Fact and in Law // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1241&t=/Media/News/Decisions-of-the-Bar-Examination-Board-Shall-Be-Subject-to-Full-Judicial-Review-in-Fact-and-in-Law/ On Tuesday, 3 July 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of certain provisions of the Law on legal profession no. 1260 of 19 July 2002. Circumstances of the caseThe exception of unconstitutionality was invoked by Mr. Vasile Vanțevici within an underlying case before a court of law against the Attorneys’ Association and Bar Exam Board. He was there asking for a finding of the infringements committed by the Board and for the annulment ]]> 05.07.2018 17:06 The Court has examined the constitutionality of some of the provisions of Article 260 (4) of the Fiscal Code <![CDATA[The Court has examined the constitutionality of some of the provisions of Article 260 (4) of the Fiscal Code // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=1239&t=/Media/News/The-Court-has-examined-the-constitutionality-of-some-of-the-provisions-of-Article-260-4-of-the-Fiscal-Code/ On Wednesday, 4 July 2018, the Constitutional Court of Moldova issued a decision on the exception of unconstitutionality of certain of the provisions of Article 260, para. (4) of the Fiscal Code. Circumstances of the caseThe case originated in the exception of unconstitutionality of the following texts: - "a fine in the amount of 3 600 lei"; - "but not higher than 72 000 lei" of Article 260, para. (4) of the Fiscal Code, notified by Mrs. Aurelia Balmuş, file no. 3-694/2017 pending ]]> 04.07.2018 13:07