Judgment no. 18 of 02.06.2014

Judgment No. 18 on the constitutional review of Law No. 109 of 3 May 2013 amending and supplementing some legislative acts (Law on the Constitutional Court and Code of Constitutional Jurisdiction) (status of judges, competences and procedure of the Constitutional Court) (Complaint No.34a/2014)a


The subject of complaint: A group of MPs of Parliament of the Republic of Moldova, Mihai Ghimpu, Valeriu Munteanu, Gheorghe Brega and Corina Fusu
Type of judgment: constitutional review of laws, regulations and decisions of the Parliament
Provision: admitted plea of unconstitutionality and finding of unconstitutionality


Court ruling:
1. en-jccn18201434a2014eng2badc.pdf


Application:
1.


1. The case originated in the complaint lodged with the Constitutional Court on 20 May 2014, under articles 25 let. g) of the Law on Constitutional Court and 38 para. (1) let. g) of the Code of Constitutional Jurisdiction, by the Members of Parliament Mihai Ghimpu, Valeriu Munteanu, Gheorghe Brega and Corina Fusu on the constitutional review of some provisions regarding the organisation and functioning of the Constitutional Court, in the part referring to the status of constitutional judges, competences and procedure of the Constitutional Court.

2. The authors of the complaint claimed that by vesting the Parliament, following the amendments, with the possibility to remove the mandates of judges of the Constitutional Court, these judges are deprived of their entitlement to irremovability, in violation of Articles 1, 6, 7, 8, 134, and 137 of the Constitution. Also, by limiting the competences of the Court and by establishing some excessively restricted time limits for examination of complaints, Articles 1, 6, 20, 54, 134, 135, and 137 of the Constitution have been violated. In this context, the authors of the complaint have requested the control of the constitutionality of the Law adopted on 3 May 2013 amending the Law on the Constitutional Court and the Code of Constitutional Jurisdiction.

3. By the decision of the Constitutional Court of 27 May 2014, the complaint had been declared admissible, without any prejudices to the merits of the case.

4. During the examination of the complaint, the Constitutional Court has requested the opinions of the President, Parliament, and Government of the Republic of Moldova.

5. Within the public plenary hearing of the Court, the authors of the complaint were represented by Valeriu Munteanu, Member of Parliament. The Parliament was represented by Sergiu Chirică, Senior Consultant in the General Legal Division of the Secretariat of the Parliament. The Government has not delegated a representative.

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