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27.11
2012

Press release. The Venice Commission has responded to the Constitutional Court’s requests on banning of communist symbols and immunity of judges

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The Constitutional Court brings to the attention of the public that following steps forward made ​​by the President of the Constitutional Court, Alexandru Tanase, the Venice Commission (European Commission for Democracy through Law of the Council of Europe) has responded to requests for amicus curiae opinion on banning of communist symbols and the immunity of judges.  

At the same time, according to the notification of the Venice Commission, those two opinions are supposed to be adopted at the 94th Plenary Session of the Commission, scheduled for March 2013. 

We recall that on September 7th, 2012, the Supreme Court of Justice lodged a complaint with the Constitutional Court on constitutionality review of certain legal provisions on limiting judicial immunity for crimes of passive corruption and traffic of influence. (complaint no.32g/2012).

On September 18th, 2012 a group of deputies filed a complaint with the Constitutional Court on constitutionality review of certain legal provisions on prohibition of using the symbols of communist totalitarian regime (sickle and hammer and any support with these symbols) by political parties, as well as promotion of totalitarian ideologies (complaint no.33a/2012).

At its meeting on October 4th, 2012, the Court declared admissible the both complaints. 

At the same meeting, the Constitutional Court decided to request amicus curiae opinions from the Venice Commission on observance of democratic standards upon adoption of challenged norms 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, the Republic of Moldova had to undergo the Council of Europe's expertise before adopting all the draft laws as concerns functioning of democratic institutions.  

 

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