The Constitution of the Republic of Moldova
Adopted on July, 29, 1994
Monitorul Oficial al R.Moldova No 1 of 18.08.1994
Title V.
Constitutional Court
Article 134
Statute
(1) The Constitutional court is the sole authority of constitutional judicature in the Republic of Moldova.
(2) The Constitutional Court is independent of any other public authority and obeys only the Constitution.
(3) The Constitutional Court guarantees the supremacy of the Constitution, enforces the practical implementation of the principle residing the separation of the State powers into the legislative, executive and judicial powers, and guarantees the responsibility of State towards the citizen, and also of the citizen towards the state.
Article 135
Powers
(1) The Constitutional Court:
- enforces on notification constitutionality control over laws, ordinances of Parliament, Presidential decrees, decisions and orders of Government, as well as international treaties endorsed by the Republic of Moldova;
- explains and clarifies the Constitution;
- formulates its position on initiatives aiming at revising the Constitution;
- confirms the results of republican referendums;
- confirms the results of parliamentary and presidential elections in the Republic of Moldova;
- ascertains the circumstances justifying the dissolution of Parliament, the suspension from office of the President of the Republic of Moldova or the interim office of the President of the Republic of Moldova, as well as impossibility of the President of the Republic of Moldova to exercise his duties for more than 60 days;
- solves exceptional cases of non-constitutionality of judicial acts, as signalled by the Supreme Court of Justice;
- decides over matters dealing with the constitutionality of parties.
(2) The Constitutional Court carries out its activities on initiatives started by the legal entities mentioned in the law regarding the Constitutional Court.
Article 136
Structure
(1) The Constitutional Court is composed of 6 judges, who are appointed for a 6-year mandate.
(2) The Parliament, the Government and the Higher Magistrates Council appoint 2 judges each.
(3) The judges of the Constitutional Court elect its president by secret ballot.
Article 137
Independence
For the duration of their mandate the judges of the Constitutional Court are irremovable, independent, and obey only the Constitution.
Article 138
Appointment Qualifications
The judges of the Constitutional Court must possess outstanding judicial knowledge, high professional competence and long time (at least 15 years) experience in judicature positions, in law education or scientific research.
Article 139
Incompatibilities
The office of Constitutional Court judge is incompatible with holding any other remunerated public or private position, except in education and research.
Article 140
Decisions of the Constitutional Court
(1) Laws and other regulations or parts thereof become null and void from the moment that the Constitutional Court passes the appropriate decisions to that effect.
(2) The decisions of the Constitutional Court are final and cannot be appealed against.
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