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19.03.2019
The Court Examined the Constitutionality of Legal Provisions Barring Rulings on Rejecting Debtors’ Claims Against Payment-Order Proceedings From Being Appealed
 On 19 March 2019, the Constitutional Court of Moldova delivered a judgment on the plea of unconstitutionality of the text “or orders by a ruling which cannot be appealed for the claims to be rejected” of Article 353 para. (1) of the Civil Procedure Code.The applicant alleged that the legislative solution whereby judicial rulings on rejecting debtors’ claims against payment-order proceedings cannot be appealed is in breach of the right to a fair trial, in light of debtor’s rights.The Court’s
725 Views   
19.03.2019
The Moment the 5-Days Time-Limit Starts Running When Challenging a Criminal Prosecution Authority’s Refusal to Receive Complaints on Criminal Offences – Unconstitutional
On 19 March 2019, the Constitutional Court of Moldova delivered a judgment on the plea of unconstitutionality of Article 265 para. (2) of the Criminal Procedure Code. The challenged provision sets forth that the refusal of the criminal prosecution authorities to receive a complaint or a denunciation may be disputed immediately before the investigating judge, but no later than five days from the moment of refusal. The applicant alleged that the challenged provisions are not foreseeable, thus imposing an unjustified restriction
398 Views   
   
04.02.2019
Does the Constitution Safeguard a Right to Renounce Identification Number?
On 14 January 2019, the Constitutional Court of Moldova delivered a decision of inadmissibility on application no. 6a/2019 lodged with the Court for a constitutional review of the text “the subject of declaration is bound to submit the declaration electronically” of Article 24 para. (2), second phrase of the Law no. 133 of 17 June 2016 on declaring wealth and personal interests.The case originated in an application lodged with the Court by the Ombudsman. The applicant contended that making binding
926 Views   
   
21.12.2018
The Constitutional Court of Moldova: No Competition Between the President and the Parliament in Defence Policy
On Friday, 21 December 2018, the Constitutional Court of Moldova delivered a judgment on the interpretation of a number of Articles of the Constitution and applied a constitutional review of a Parliament’s decision, following an application lodged with the Court by the President of the Republic of Moldova, Mr. Igor Dodon.The applicant asked the Court to shed light on the following aspects:1) Does the Parliament have the competence to adopt policy documents on national defence with no agreement of the Commander in Chief  of the
962 Views   
14.12.2018
Three New Judges of the Constitutional Court of Moldova Took the Oath Before Parliament
On 14 December 2018, Ms. Raisa Apolschii, Mr. Corneliu Gurin and Mr. Artur Reșetnicov took the oath before Parliament for the office of judges of the Constitutional Court of Moldova, following their designation by the Parliament, the Superior Council of Magistracy and the Government.Under the Constitution, the Court has a full composition following the designation of six judges, by the three competent institutions, each by two judges: the Parliament, the Government and the Superior Council of Magistrates.According to the Basic
840 Views   
   
10.12.2018
The Visit of a Delegation of the Constitutional Court of Moldova at the Supreme Court of Estonia
On 6 December 2018, a delegation of the Constitutional Court of Moldova headed by its President, Mr. Mihai Poalelungi, accompanied by Judge Aurel Băieșu and a number of officials of this institution, undertook a working visit at the Supreme Court of Estonia.The President of the Supreme Court of Estonia, Mr. Priit Pikamäe, assisted by the experts of the institution, made an extensive presentation of the Estonian judiciary and the powers of the Court he is leading. Discussions followed the presentation,
597 Views   
29.11.2018
The Court Examined the Constitutionality of Certain Provisions of the Contraventions Code on the Nullity of Administrative Notice of Violation
On Thursday, 29 November 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of Article 445 and of the text ”and 445” of Article 461 of the Contraventions Code. Article 445 of the Contraventions Code provides that the failure to indicate in the administrative notice of violation the data and facts referred to in Article 443 of the Code results in an absolute nullity of the act. According to Article 461 of the Code, in the event,
815 Views   
   
29.11.2018
A Blanket Prohibition of Access to the Case-File to the Victims of Torture and Their Representatives in Criminal Cases – Unconstitutional
On Thursday, 29 November 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of certain provisions of the Criminal Code and Criminal Procedure Code (Application no. 113g/2018). These provisions bar access to case-files, during pre-trial investigation, to the victim, civil party, suspect, the accused person, and to the party incurring civil liability. The circumstances of the caseThe exception of unconstitutionality underlying this case was referred to the Court in a criminal proceeding pending before the Chișinău District Court.
29410 Views   
22.11.2018
The Impossibility of the Accused Legal Entity and the Failure to Regulate the Possibility of an Indicted Legal Entity to Appoint a Representative in Criminal Proceedings – Unconstitutional
On 22 November 2018, the Constitutional Court of Moldova delivered a judgment on an exception of unconstitutionality of a number of provisions of Article 521 para. (2) of the Criminal Procedure Code.The circumstances of the caseThe case originated in the application no. 132g/2018 lodged with the Court based on the exception of unconstitutionality of the text ”in case the criminal prosecution launched against a legal entity targets the same offence or related offences, including against its legal representative, the criminal
394 Views   
   
22.11.2018
The Court Examined the Constitutionality of the Conditions on Granting Disability Pensions
 On Thursday, 22 November 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of the table no. 1 of para. (1) of Article 20 of the Law no. 156 of 14 October 1998 on the public pensions system.The circumstances of the caseThe case originated in an exception of unconstitutionality referred to the Court upon the request of the attorney Alexandru Cebănaș in the case no. 3-51/2018 pending before Chișinău District Court.The applicant alleged that the
1057 Views   
22.11.2018
The Impossibility to Punish Domestic Violence in Contravention Cases – Unconstitutional
On Thursday, 22 November 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of certain provisions of Article 781 of the Contravention Code (Application no. 111g/2018). The circumstances of the caseThe application was referred to the Court, ex-officio, by Ms. Maria Frunze, who is a judge at the Chișinău District Court, in a pending process examining a violation notice on the offence provided by Article 781 [Domestic violence] of the Contravention Code against an individual who reached the general retirement age.The
1649 Views   
   
30.10.2018
Making Preventive Arrest Contingent Upon an Individual Pleading Guilty is in Breach of the Constitution
On Tuesday, 30 October 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of certain provisions of Article 185 para. (1) of the Criminal Procedure Code.The circumstances of the caseThe case originated in applications nos. 130g/2018 and 133g/2018 on the exception of the unconstitutionality of the text “and in the case of offenses which were committed with no physical or mental constraints being applied and which did not lead to harm to the life and health of
1902 Views   
30.10.2018
The Constitutional Court’s Solution on Children's Vaccination and Their Access to Educational and Recreational Institutions
On Tuesday, 30 October 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of Article 52 para. (6) of the Law no. 10 of 3 February 2009 on State oversight of public health and para. 21 subparagraph (1) let. e) of the National Immunisation Programme for 2016-2020 years, approved by the Government Decision no. 1113 of 6 October 2016.  The circumstances of the caseThe case originated in an application lodged with the Court on 1 October 2018 pursuant
5246 Views   
   
11.10.2018
The Ban on Voting in Elections, Imposed on Persons With Mental Disabilities, Unconstitutional
On Thursday, 11 October 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of Article 13 para. (1) let. b) of the Electoral Code.The circumstances of the caseThe case originated in an exception of unconstitutionality of Article 13 para. (1) let. b) of the Electoral Code, invoked by attorney Alexandru Cebănaș in the case no. 2-2766/2017, pending before the Court of Law of Chișinău, Ciocana office.The applicant alleged that the provisions of Article 13 para.
160470 Views   
   
01.10.2018
The Imprecise Phrasing of a Provision of the Criminal Code on the Excess of Power and Excess of Official Authority Resulting in Serious Consequences – Unconstitutional
The Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of Article 328 para. (3)   let.  d)  of the Criminal Code (excess of power and excess of official authority resulted in serious repercussions).Circumstances of the caseThe exceptions of unconstitutionality underlying this case was lodged with the Court by the attorney Radu Dumneanu, in a case pending before the Court of Law of Chișinău, Râșcani office. According to him, the provisions of Article 328 para. (3)   let.  d)
573 Views   
01.10.2018
The Court Examined the Constitutionality of Certain Provisions of the Criminal Procedure Code on the Effect of Its Rulings in Time, Within the Judicial Review Procedure
On Monday, 1 October 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of Article 458 para. (3) item 4) of the Criminal Procedure Code.The circumstances of the caseThe case originated in an application lodged with the Court by the MP Ștefan Creangă. He alleged that the challenged provision is actually interpreted so that, in criminal cases, the review of the final judicial decisions is only possible upon the declaration of unconstitutionality of a provision of the
564 Views   
   
27.09.2018
Reading Suggestion: Eugen Ehrlich - On the "Living Law"
Eugen Ehrlich (1862-1922) was an Austrian lawyer who was born and worked as a law professor in Chernivtsi (now in Ukraine). He became known worldwide particularly for the “living law” doctrine, developed in his work Fundamental Principles of the Sociology of Law.Suffice it to recall that the depth of his work has been recognised by jurists like Oliver Wendell Holmes, an Associate Justice of the Supreme Court of the United States (“the best book on legal subjects by any living
1004 Views   
23.07.2018
Examination By the Supreme Court of Justice of Appeals Against Appellate Courts’ Decision in the Absence of Parties: Application Rejected
 On 9 July 2018, the Constitutional Court of Moldova delivered a decision of inadmissibility on a constitutional review of Article 432 para. 5 and Article 433 para. 1 of Criminal Procedure Code, providing that the appeal proceedings shall be conducted in a public hearing only when the section examining the admissibility of the appeal finds a particular interest of the case for the case-law.The case originated in an application lodged with the Court by the MP Ștefan Creangă. He contended
539 Views   
   
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