On 11 December the Constitutional Court delivered the Opinion on the initiative to amend and supplement the Constitution of the Republic of Moldova (complaint no. 162c/2017).

Circumstances of the case

The case originated in the complaint lodged with the Constitutional Court on 6 December 2017 by a group of Members of Parliament.

The complaint was examined by the Constitutional Court in the following composition:

Mr Tudor PANȚÎRU, Chairman,

Mr Aurel BĂIEȘU,

Mr Igor DOLEA,

Mrs Victoria IFTODI,

Mr Victor POPA,

Mr Veaceslav ZAPOROJAN, justices

Conclusions of the Court

The Court recalled that the aspirations of the Republic of Moldova to establish political, economic, cultural relations, as well as relations in other areas of common interest with European countries and the orientation towards the European area of democratic values were enshrined in the act establishing the state Republic of Moldova - Declaration of Independence.

The Court also mentioned its Judgment no. 24 of 9 October 2014 by which it recognised the provisions of the Association Agreement between the Republic of Moldova and the European Union as constitutional and where the Court emphasized that the Declaration of Independence marked the detachment from the totalitarian Soviet area of values and determined the reorientation of the new independent state towards the European area of democratic values.

The Court held that, within the meaning of the Declaration of Independence of the Republic of Moldova and of Article 1 of the Constitution, orientation towards the European area of democratic values is an element of constitutional identity of the Republic of Moldova.

At the same time, taking into account the previous case law of the instance of constitutional review, which is binding on all the public authorities and is directly applicable without any other condition of form, the Court held that, whatever the outcome of the examination of these amendments will be, the orientation towards the European area of democratic values remains a principle bearing constitutional value.

Judgment of the Court

Stemming from the above stated arguments, the Constitutional Court found that:

- The initiative on the amendment and supplement the Constitution advanced by a group of 36 Members of Parliament is submitted by an authorized subject and, in this respect, complies with the provisions of Article 141 para.(1) let.b) of the Constitution.

- The draft law amending and supplementing the Constitution does not violate the limits of the review imposed by Article 142 para.(2) of the Constitution.

- The draft constitutional law amending and supplementing the Constitution of the Republic of Moldova can be adopted following at least 6 months after the date of submission of the initiative to amend the Constitution.

The opinion of the Court is final, cannot be appealed, shall enter into force on the date of delivery, and shall be published in the Official Gazette of the Republic of Moldova.

This is an English language courtesy translation of the original press-release in Romanian language.