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21.10
2015

Remarks on certain press reports on the request for suspension of action of Parliament Decision consenting the lifting of parliamentary immunity of MP Vladimir Filat (Complaint no. 39/2015)

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Following certain misconstrued information in media on the request submitted before the Constitutional Court for suspension of action of Parliament Decision no. 172 of 15 October 2015, the Court brings attention to the following:

On 19 October 2015 a group of MPs of the Liberal Democratic Party of Moldova lodged with the Constitutional Court a complaint on the constitutionality review of Parliament Decision no.172 Parliament of 15 October 2015 (complaint 39a/2015).

On the same day, the Court examined the request for suspension of action of the challenged act.

The Court held that according to Article 70.3 of the Constitution, an MP may not be apprehended, arrested and searched, except for the cases of flagrant misdemeanour, or sued at law without  Parliament’s consent and upon hearing of the member in question.

In the constitutional sense, the act of "prior consent" is a consumed act, and therefore is not liable for suspension.

The Court points outs that according to legal provisions (Article 25/1.5 of the Law on the Constitutional Court and Article 7/1 of Constitutional Jurisdiction Code), only the decision of suspending the action shall be published. In the event that the request for suspension of action of an act is rejected, the Court does not adopt any act. These are the legal provisions and practice of the Court in such cases.

The Court will deliver its reasoning on this matter when a decision will be taken on this complaint. In this context, the Court points out that under the law, the time frame for examining the admissibility of complaints is 2 months.

 
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