Judgment No.36 of 05.12.2013

Judgment on the interpretation of Article 13, par. (1) of the Constitution in correlation with the Preamble of the Constitution and the Declaration of Independence of the Republic of Moldova (Applications No. 8b/2013 and 41b/2013)


The subject of complaint: Member of the Parliament

Type of judgment: Interpretation of the Constitution of the Republic of Moldova

Provision: Interpretation of the Constitution

Court ruling:
1.  en-Judgment-No36-of-5122013-on-Romanian-Language-eng82ea4.pdf


Complaints:

1. 
2. 



1. The case originated in the application lodged with the Constitutional Court on 26 March 2013, under Art. 25, par. (1), p.g) of the Law on the Constitutional Court and Art. 38, par. (1), p.g) of the Code of Constitutional Jurisdiction, by, member of Parliament Mrs. Ana Guţu, on the interpretation of Art.13 of the Constitution, which provides:

“(1) The State language in the Republic of Moldova is the Moldovan language based on the Latin alphabet. [...]”

2. The author of the application has requested  the Constitutional Court to interpret Article 13 of the Constitution, and to explain:

– whether he phrase “Moldovan language based on the Latin alphabet” can be semantically equated with the phrase “Romanian language”.

3. By the decision of the Constitutional Court of 12 April 2013, the application had been declared admissible, without any prejudices to the merits.

4. On 17 September 2013, members of Parliament Mihai Ghimpu, Valeriu Munteanu, Corina Fusu, Boris Vieru and Gheorghe Brega lodged a application on the interpretation of Art. 1, par. (1) correlated with Art. 13 par. (1) and the Preamble of the Constitution of the Republic of Moldova, in which there was requested:

– to acknowledge that the Declaration of Independence of the Republic of Moldova has a superior value over the Constitution of the Republic of Moldova;

– to remove the contradiction between the provisions of the Declaration of Independence of the Republic of Moldova and Art. 13 par. (1) of the Constitution, correlating the name of the official language of the Republic of Moldova in accordance to the legal act that the Constitutional Court considers having superior value.

5. On 15 October 2013, Mrs. Ana Guţu lodged a supplement to the application, requesting the Constitutional Court to confer to the Declaration of Independence of the Republic of Moldova, adopted on 27 August 1991, the status of a constitutional norm, thus confirming that the official language of the Republic of Moldova is the Romanian language, and not “Moldovan language in Latin alphabet” as it is formulated in Art. 13 of the Constitution.

6. Given the identity of the object outlined  as a result of this supplement, according to Art. 43 of the Code of Constitutional Jurisdiction, on 23 October 2013 the Court decided to colligate the two applications into a single file.

7. In preparing the applications for examination, the Constitutional Court has requested  the opinions of the President of the Republic of Moldova, of the Parliament, of the Government and of the Academy of Sciences of Moldova. The Parliament and the Government did not exercise this right.

 

8. Within the public plenary sitting of the Court, the application has been presented by the authors Mrs. Ana Guţu and Mr. Valeriu Munteanu. The authorities did not delegate their representatives.

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