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22.10
2012

Press release on Request of the Party of Communists of the Republic of Moldova (PCRM) to speed up the examination of the complaint on constitutionality of legislative acts providing for prohibition of communist symbols

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In connection with the press release issued on 22 October 2012 by the Party of Communists of Moldova (PCRM) concerning the request addressed to the Constitutional Court to speed up the examination on constitutionality of legislative acts providing for prohibition of communist symbols, the Court communicates the following:

On 3 September 2012 a group of PCRM deputies lodged a complaint at the Constitutional Court on constitutionality review of the Parliament Decision No. 191 of 12 July 2012 on the historical, political and legal assessment of the totalitarian communist regime from MSSR (complaint 30a).

On 18 September 2012 a group of PCRM deputies filed a complaint with the Constitutional Court on constitutionality review of the Law No. 192 of 12 July 2012 on completion of certain legislative acts referring to prohibition of using the symbols of communist regime by political parties, as well as promotion of totalitarian ideologies (complaint 33a).

It needs to emphasized that although the regular term for the examination of complaints' admissibility is 2 months, the Constitutional Court already on 4 October 2012 considered the admissibility of the above-mentioned complaints and adopted the following decisions:

1. To reject as inadmissible the complaint 30a on constitutionality review of the Parliament Decision No. 191 of 12 July 2012 on the historical, political and legal assessment of the totalitarian communist regime from MSSR because not being a normative act but an eminently political act of the Parliament, that judgment shall be exempted from constitutional review operated by the Constitutional Court.  

2. To declare admissible the complaint 33a on constitutionality review of the Law No. 192 of 12 July 2012 on completion of certain legislative acts. At the same meeting, the Constitutional Court decided to seek the views of amicus curiae of the European Commission for Democracy through Law (Venice Commission of the Council of Europe) and OSCE / ODIHR (Office for Democratic Institutions and Human Rights of OSCE) since the opinions of these institutions were not required prior to adoption of the bill in question, whilst   according to the commitments assumed within the Council of Europe, Moldova had to undergo the Council of Europe's expertise before adopting all the draft laws as concerns functioning of democratic institutions.

The Constitutional Court informs the public opinion that the meeting on examination of the declared admissible complaint will be determined upon receipt of requested amicus curiae opinions. 

 

 
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