1. The case originated in the complaint filed with the Constitutional Court on 27 April 2012, under articles 135 paragraph (1) letter b) of the Constitution, 25 paragraph (1) letter g) of the Law on the Constitutional Court and article 38 paragraph (1) letter g) of the Code of Constitutional Jurisdiction, Members of the Parliament, Mr. Valentin Popa and Valeriu Munteanu, on: -the interpretation of Article 68 paragraph (1): “In the exercise of their mandate, the Members are in the service of the people.” -the interpretation of Article 68 paragraph (2): “Any imperative mandate is null.” -the interpretation of the Article 69 paragraph (2): “The official position of the Member shall cease on the date of the legal meeting of the newly-in Parliament, in the case of resignation, waiving the mandate, of incompatibility or death.” 2. The authors of the referral have requested to the Constitutional Court for the interpretation of article 68 paragraphs (1), (2) and article 69 paragraph (2) of the Constitution to clarify: a) The components of mandate exercise and the existence of the connection between “being in the service of the people” and “representative of the supreme legislative power”; b) If the constitutional provision according to which “Any imperative mandate is null,” admits waiving the mandate in case the Member refuses to participate directly in the activities required for the exercise of legislative power, which is part of; c) If the words “waiving the mandate” mean waiving the mandate also in cases when the legislator fully aware refuses to exercise the national sovereignty through the legislative body, which is part of. 3. By the decision of the Constitutional Court of 14 May 2012 the referral has been declared admissible, without prejudging the merits of the case. 4. In the examination of the appeal, the Constitutional Court requested the opinions of the Parliament, the Government, and the President s Apparatus. 5. At the plenary session of the Court the authors of the referral participated in the person. Parliament was represented by Mr. Sergiu Chirica, Senior Adviser in the Legal Directorate of the Parliament Secretariat. The Government was represented by Mr. Oleg Efrim, Minister of Justice.