Judgment no. 27 of 17.11.2015
Judgement on constitutional review of the Parliament Decision No. 172 of 15 October 2015 on approval the lifting parliamentary immunity of the Member of Parliament, Vladimir Filat (Complaint No. 39a/2015)
The subject of complaint: parliamentary faction
Type of judgment: constitutionality review of laws, regulations and decisions of Parliament
Provision: Provisions recognized in part constitutional / unconstitutional
1. The case originates in the complaint lodged with the Constitutional Court on 19 October 2015, according to art. 25 let. g) of the Law on Constitutional Court and art. 38 para. (1) let. g) of the Constitutional Jurisdiction Code, by 18 MPs from the parliamentary faction of the Liberal Democrat Party of Moldova, for constitutional review of the Parliament Decision No. 172 of 15 October 2015 on approval of the lifting of the parliamentary immunity of the Member of Parliament, Vladimir Filat.
2. The authors of the complaint claimed that the contested act was adopted by violating the procedures provided in the law and of the presumption of innocence, hence being contrary to articles 1 para. (3), 21 and 66 let. a) and j) of Constitution.
3. On 19 October 2015, the Court rejected the request for suspending the action of the contested act in favor of its review in emergency regime. At the same time, the Court decided to interconnect the admissibility with examination of the merits of the complaint, without prejudicing the merits of the case.
4. In the public plenary sitting of the Court, the authors of the complaint were represented by Tudor Deliu, Angel Agache, Nae-Simion Pleșca, Grigore Cobzac, Members in Parliament. The Parliament was represented by Mr. Iurie Cojocaru, Main Consultant in the Public Law Unit under the General Legal Division of the Parliament`s Secretariat.