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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
650 Views   
05.07.2018
Decisions of the Bar Exam Board Shall Be Subject to Full Judicial Review, in Fact and in Law
On Tuesday, 3 July 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of certain provisions of the Law on legal profession no. 1260 of 19 July 2002.Circumstances of the caseThe exception of unconstitutionality was invoked by Mr. Vasile Vanțevici within an underlying case before a court of law against the Attorneys’ Association and Bar Exam Board. He was there asking for a finding of the infringements committed by the Board and for the annulment
3056 Views   
   
04.07.2018
The Court has examined the constitutionality of some of the provisions of Article 260 (4) of the Fiscal Code
On Wednesday, 4 July 2018, the Constitutional Court of Moldova issued a decision on the exception of unconstitutionality of certain of the provisions of Article 260, para. (4) of the Fiscal Code.Circumstances of the caseThe case originated in the exception of unconstitutionality of the following texts:- "a fine in the amount of 3 600 lei";- "but not higher than 72 000 lei" of Article 260, para. (4) of the Fiscal Code, notified by Mrs. Aurelia Balmuş, file no. 3-694/2017 pending
1466 Views   
03.07.2018
Failure to Provide For a Maximum Length of the Ban on Leaving the Country - Unconstitutional
On Tuesday, 3 July 2018, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of Article 178, para. 3 of the Criminal Procedure Code.Circumstances of the caseThe exception of unconstitutionality underlying this case was invoked by the attorney Iurie Bargan within the case no. 10-165/18, pending before the Court of Law of Chișinău, Rîșcani office. In his view, the lack of a maximum length for the preventive measure relative to the ban on leaving the country
1684 Views   
   
27.06.2018
A Remark By the President of the Constitutional Court of Moldova
When voicing his disagreement on the invalidation of mayoral elections in Chișinău, Mr. Andrei Năstase stated today, on 27 June 2018, within a press-conference streamed live on www.privesc.eu, that he intends to lodge an application with the Strasbourg Court against the Republic of Moldova. Unfortunately, stated he, there is no way for him to complain against ”Poalengungi, who controls from the shadows this criminal process of invalidating elections.” Thereafter, Mr. Andrei Năstase informed the audience that ”it is Poalelungi who
2792 Views   
19.06.2018
Marketing Tobacco Products Has to Comply With Government Regulations: Application Rejected
On 19 June 2018, the Constitutional Court of Moldova delivered a decision of inadmissibility on the constitutional review of a number of provisions of para. 3 of Government Decision no. 613 of 1 August 2017 approving the Sanitary Regulations on health warnings and labelling of tobacco products, tobacco intended for rolling cigarettes and related products.  The Government Decision no. 613 of 1 August 2017 was enacted on 1 January 2018. According to para. 3 of this Decision, the stocks of
697 Views   
   
04.06.2018
The Court Examined the Constitutionality of Certain Legal Provisions on the Use of Russian Language on the Territory of the Republic of Moldova and on the Inapplicability of Constitutional Review of Laws Passed Prior to the Entry Into Force of the Constitution
On Monday, 4 June 2018, the Constitutional Court of Moldova was called upon to deliver on the constitutionality of certain provisions of the Law on the use of languages spoken on the territory of the Moldovan Soviet Socialist Republic, Law on publishing and enactment of official acts, Law on the rights of individuals belonging to national minorities and legal status of their organisations, Parliament’s Rules of Procedure, Code of constitutional jurisdiction and the Law on the Constitutional Court.Circumstances of the
4472 Views   
04.06.2018
The Court Examined the Constitutionality of Certain Provisions of the Audiovisual Code on State Informational Security
 On Monday, 4 June 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the Law no. 257 of 22 December 2017 amending the Audiovisual Code.Circumstances of the caseThe application underlying this case was filed by the President of the Republic of Moldova, Mr. Igor Dodon, thus challenging the Law no. 257 of 22 December 2017 amending Audiovisual Code.According to the applicant, the contested law that bans broadcasters and distributors of mass information services from transmitting informational,
3298 Views   
   
22.05.2018
The Court Examined the Constitutionality of Certain Provisions on Transportation Expenses of Goods Included in Customs Value
On Tuesday, 22 May 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the phrase: ”applicable to the same means of transportation” of para. 8 (3) of the Regulation on declaring the customs value of goods brought into the territory of the Republic of Moldova, approved by the Government Decision no. 600 of 14 May 2002. Circumstances of the caseThe exception of unconstitutionality underlying this case was raised by the attorney Petru Balan in the case no.
591 Views   
18.05.2018
Justices From the People’s Republic of China Visited the Constitutional Court of the Republic of Moldova
On Friday, 18 May 2018, the President of the Constitutional Court of the Republic of Moldova, Mr. Mihai Poalelungi, received the visit of a delegation of justices of the Supreme People’s Court and other courts of the People’s Republic of China.The delegation was headed by Mr. Hu Yunteng, justice and standing member of the judicial committee of the Supreme People’s Court.Discussions were focused on aspects of comparative law of the justice systems of the two states. President Poalelungi described to
565 Views   
   
14.05.2018
The Court Examined the Constitutionality of Certain Normative Provisions on the Scope of Judicial Review Made By the Supreme Court of Justice With Respect to Decisions of the Superior Council of Magistrates
On Monday, 14 May 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the phrases “[…] only in the part related to the procedure of issuing/adoption.” of Article 25 (1) of the Law no. 947 of 19 July 1996 on the Superior Council of Magistrates and “b) verifies the legality of the decisions of the Superior Council of Magistrates in cases provided by the law;” of Article 10 (1) of the Law on administrative litigations no.
484 Views   
14.05.2018
The Court Examined the Constitutionality of Certain Provisions of the Criminal Code on the Use of Fake Documents of Particular Importance
Monday, May 14, 2018, the Constitutional Court delivered a judgment on an exception of unconstitutionality of Article 361 (2) let. c) of the Criminal Code (fabrication, possession, sale, or use of fake documents of particular importance). - Application no. 25g/2018.Circumstances of the case:The exception of unconstitutionality underlying this case was raised by the attorney Igor Chiriac, in a pending trial before the Court of Law of Strășeni. According to him, the provision of Article 361 (2) c) of the Criminal
541 Views   
   
08.05.2018
The Court Examined the Constitutionality of Certain Provisions of the Contravention Code
On Tuesday, 8 May 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the texts: "domiciled in the Republic of Moldova" of Article 2 (1) and "the insured person establishing a domicile abroad is not entitled to pension payment according to this law" of Article 36 (1) of the Law no. 156 of 14 October 1998 on the public pension system (Application no.24g/2018).Circumstances of the caseThe exception of unconstitutionality underlying this case was raised by the
1001 Views   
   
08.05.2018
Validation of an MP’s mandate
On 8 May 2018, the Constitutional Court of Moldova delivered its judgment on the validation of an Member of Parliament’s mandate (Application no. 51e/2018). Circumstances of the CaseOn 3 May, by Decision no. 80, the Parliament declared vacant an MP’s mandate from the list of the Democratic Party of Moldova, following the resignation of the MP Nicolai Dudoglo.By Decision no. 1587 of 4 May 2018, the Central Electoral Commission noticed the vacancy of an MP’s mandate and submitted to the Constitutional
547 Views   
26.04.2018
The Court Examined the Constitutionality of Certain Provisions of the Code of Civil Procedure on Judicial Mediation
On Thursday, 26 April 2018, the Constitutional Court delivered a judgment on the exception of unconstitutionality of certain provisions of the Law on the Code of Civil Procedure no. 225 of 30 May 2003 (Complaint no. 3g/2018).Circumstances of the caseThe case originated in an exception of unconstitutionality raised by the lawyer Alexandru Prisac, before the Court of Law of Căușeni, Ştefan-Vodă district.The exception challenges the constitutionality of Articles 1821, 1822, 1823, 1824 and 1825 of the Law on the Code
1840 Views   
   
26.04.2018
The Court Examined the Constitutionality of Provisions of the Contravention Code on Paying the Fine in 72 Hours
On Thursday, 26 April 2018, the Constitutional Court of Moldova delivered a judgment on the constitutionality of the text “from the moment the fine was fixed” of the phrase I of Article 34 (3) of the Contravention Code no. 218 of 24 October 2018. Circumstances of the caseThe exception of unconstitutionality underlying this case was raised ex-officio by Mr. Ghenadie Eremciuc, judge of the Court of Law of Bălți, examining a challenge related to the provisions considered for this constitutional review.
80869 Views   
19.04.2018
The Issuing of Protection Orders Based on Declarations of the Victim Is Not Covered by the Presumption of Innocence
Circumstances of the caseThis case originated in an exception of unconstitutionality raised by Mr. I. Petrușca before the Court of Appeal of Chișinău. The exception doubted the constitutionality of Article 3183 (2) of the Civil Procedure Code, whereby an independent statement of the victim would suffice for an ordinance for civil protection to be issued by the court of law, in case of an imminent danger of physical violence.The author of the exception of unconstitutionality alleged that the challenged provisions
802 Views   
   
19.04.2018
The judicial review of the decisions of the Superior Council of Prosecutors does not raise constitutional issues
On 19 April 2018, the Constitutional Court of Moldova delivered a decision of inadmissibility on the constitutional review of Article 79 (2) of the Law no. 3 of 25 February 2016 on Prosecution. This article provides for the judicial review of the decisions of the Superior Council of Prosecutors to be exercised by the panel of judges examining challenges against the decisions of the Superior Council of Magistrates.The exception of unconstitutionality underlying this case was raised by the former prosecutor
705 Views   
   
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