Judgment no. 16 of 17.06.2015

Judgment on the interpretation of article 101 para. (2) and (3) of the Constitution (Effects of Moldova`s Prime Minister resignation) (Complaint No. 26b/2015)


The subject of complaint: President of the Republic of Moldova
Type of judgment: Interpretation of the Constitution of the Republic of Moldova
Provision: interpretation of the Constitution


Court ruling:
1. en-JCC162015eng8780c.pdf


Application:
1.


1. The case originated in the complaint lodged with the Constitutional Court on 16 June 2015 under articles 135 para. (1) let. b) of the Constitution, 25 para.(1) let. a) of the Law on the Constitutional Court and 38 para.(1) let. a) of the Code of Constitutional Jurisdiction by the President of the Republic of Moldova, Mr. Nicolae Timofti, on the interpretation of article 101 para. (2)  and (3) of the Constitution.

2.  The author of the application requested the interpretation of constitutional provisions with regard to the following aspects:

`a) What is the moment of entry into force of the resignation of the Prime Minister in case of his resignation and, consequently, of the entire Government, under Art. 101.3 of the Constitution, and what is the form of the act of resignation pursuant to Art. 6 of the Law on Government, which provides that the resignation of the Prime Minister and the entire composition of the Government shall be submitted to the Parliament? Does the resignation request of the Prime Minister automatically mean the resignation of the entire Government, in case there is no Government Decision in this regard?

b) What is the deadline for the Parliament to adopt a position on the resignation request of the Prime Minister and the entire composition of the Government, considering the principle of ensuring continuity in the exercise of the executive power?

c) In case of approval of the resignation of the Prime Minister and the Government, is the President of the Republic Moldova under the constitutional duty, pursuant to Art. 101.2 of the Constitution, to appoint an interim Prime Minister until the formation of the new Government?

d) What are the situations, which would fall within the definition of Prime Minister`s impossibility to perform his/her functional duties, except for decease and functional incompatibility?

e)     In terms of Art. 101.3 of the Constitution, what is the term of formation of the new Government in case of resignation of the Prime Minister?

3.  By the decision of the Constitutional Court of 16 June 2015, the application had been declared admissible, without any prejudices to the merits.

4. Within the public plenary sitting of the Court, the application has been presented by Mr. Ion Paduraru, General Secretary of the President`s Office of the Republic of Moldova, representative of the author of the complaint. The Parliament was represented by Mr. Ion Creanga, Head of General Legal Department of the Parliament Secretariat.

 

 

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