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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,
78 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,
49 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.
14343 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
23 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
666 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
1175 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
1410 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
2482 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.
78503 Views   
   
01.10.2018
The Imprecise Phrasing of a Provision of the Criminal Code on the Excess of Power and Excess of Official Authority That Result in Serious Repercussions – 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)
94 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
83 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
594 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
114 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
616 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
1808 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
2008 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
2977 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
345 Views   
04.06.2018
The Court Examined the Constitutionality of Certain Legal Provisions on the Use of Russian Language in 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
1486 Views   
   
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