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Criminal Liability of Judges Arising from a Wilful Rendering of an Illegal Decision – Constitutional
On 28 March 2017, the Constitutional Court of Moldova delivered a judgment on the exception of unconstitutionality of Article 307 of the Criminal Code of Moldova.Circumstances of the caseThe case originated in an exception of unconstitutionality of Article 307 of the Criminal Code of Moldova, raised ex-officio by the panel of the Supreme Court of Justice, when examining the contested decisions of Superior Council of Magistrates, in case no. 3-10/16.On the ground of Article 307 of the Criminal Code, the
Partnership between the Constitutional Court and UN on the integration of underrepresented persons
On 17 March 2017, within the second edition of UN Partnership for Diversity, the Constitutional Court of Moldova undertook the commitment to offer opportunities of internship to persons from underrepresented groups.Following the signature of the Commitment, for a period of 3-5 months, persons who come from underrepresented groups will be involved in the day to day work of the Constitutional Court and will become equal members of the team. When concluding the internship, they will be awarded a certificate of
The Venice Commission Communicated to the Constitutional Court its Opinion on Article 307 of the Criminal Code
The Constitutional Court of Moldova notifies the public that at its 110th plenary session of 10-11 March 2017, the Venice Commission (European Commission for Democracy through Law of the Council of Europe), adopted an Opinion - Amicus Curiae Brief - on Article 307 of the Criminal Code (delivering a sentence, a decision, a ruling or a judgment that is contrary to the law).This Amicus Curiae Brief was requested by the Constitutional Court of Moldova on 12 January 2017, within an
For the First Time Ever - Mayors at the Constitutional Court of Moldova
On 15 March 2017, the Constitutional Court of Moldova (CCM) has for the first time ever hosted over 50 mayors from across the country, who accepted the invitation to find out more about the opportunity to apply before the Constitutional Court of Moldova on matters related to local autonomy.Alexandru Tănase, the President of CCM made a presentation on the way the Court operates and answered to the questions of the mayors. Thus, they were informed on the mechanism of applying
The President of the Constitutional Court of Moldova Met with the Ambassador of Czech Republic
The President of the Constitutional Court of Moldova (CCM), Mr Alexandru Tănase, had a meeting on 10 March with the Ambassador Extraordinary and Plenipotentiary of Czech Republic in the Republic of Moldova, H.E. Mr Zdeněk Krejčí.Within the meeting was discussed the cooperation on constitutional jurisdiction between the Republic of Moldova and Czech Republic, both between the two states and within European and world organisations.
Admisibilitatea sesizărilor - examinată de CCM
Curtea Constituțională (CCM) a examinat admisibilitatea sesizărilor aflate pe rol, și a decis după cum urmează: I. Au fost declarate admisibile:1.    Sesizarea nr. 20g/2017 privind excepţia de neconstituţionalitate a art.22 alin. (1) lit.v) din Codul de executare.2.   Sesizarea nr. 24g/2017 privind excepţia de neconstituţionalitate a art. 15 alin. (2) lit.f) și art.38 alin. (4) lit.f) din Codul de executare.3.    Sesizarea nr. 25a/2017 privind excepția de neconstituționalitate a art.67 lit.f) din Codul familiei.  II. Au fost respinse ca inadmisibile:1.    Sesizarea nr. 129g/2016 privind
NOTICE: Constitutional Court’s Award “Constantin Stere” of 2017
The Constitutional Court of Moldova launches a contest for the award "Constantin Stere" - 2017 year edition.The contest may be attended by authors (individuals, co-authors or nonprofits) of published scientific texts (monographies, set of articles or series of scientific articles published in national or international magazines recognised as specialised scientific publications) in the last 2 years.The texts should contribute to solving efficiently issues of scientific and practical nature in the field of law, overall, and particularly to the development of
The Exclusion of People Declared Incapable from the List of Beneficiaries of the “Protected House” Service – Unconstitutional
On 7 March 2017, the Constitutional Court of Moldova delivered a judgment on an exception of unconstitutionality of certain provisions of the Framework Regulations on the set-up and operation of the Social Service “Protected House,” approved by Government Decision no. 711 of 9 August 2010. Circumstances of the caseThe case originated in an exception of unconstitutionality of the phrase “is not declared by the court of law as incapable” of para. 3.1 of the Framework Regulations on the set-up and operation
International Conference under the Auspices of CCM: “Evolution of Constitutional Control in Europe: Lesson Learned and New Challenges”
On 2nd of March 2017, under the auspices of the Constitutional Court of Moldova (CCM) in Chişinău took place the International Conference on the evolution of constitutional control in Europe. The event was attended by 80 international high officials, including presidents and members of over 20 Constitutional Courts, representatives of the General Court of the EU, as well as the President of the Venice Commission, Gianni Buquicchio.Alexandru Tănase, the President of CCM, in his opening speech underscored that throughout its
A Direct Dialogue: Constitutional Court of Moldova – Court of Justice of the European Union
The date of 23rd of February marks the 22nd anniversary of the Constitutional Court of Moldova (CCM) and on this occasion it held a videoconference with the Judge of the Court of Justice of the European Union (CJEU), Egidijus Jarašiūnas, on the "Relations of constitutional courts with the CJEU. The influence of the jurisprudence of CJEU on the development of constitutional doctrine."The President of CCM, Alexandru Tănase, mentioned in the opening message that the event marks the 22nd anniversary since
Александру Тэнасе: Конституционные суды – это институты государства, задача которых заключается в том, чтобы не допустить существования „царств без справедливости”
Bizlaw: 23 февраля - день образования Конституционного суда. Расскажите об этапах развития Конституционного суда за 21 год своей деятельности. Александру Тэнасе:  Конституционные Суды  существуют посредством  принимаемых решений. Анализируя практику Конституционного суда Молдовы за 21 год своего существования, можно выделить три этапа его развития. Первый
Mandatory Payment for School Books Infringes Upon the Supreme Law
Provisions of Article 41.4 of the Education Code on ensuring pupils of 5th to 9th grades with school books according to the rental scheme approved by the Ministry of Education is in breach of free education provisions of the Constitution (Article 35).Thus, the Court held that imposing mandatory payments to pupils of elementary and secondary schools, including for school books – which constitute an essential element of the study process – is in breach of the Supreme Law. Furthermore, free
Legislative Omission on Pension Recalculation, Complained of at the Court, Solved by Parliament
Constitutional Court of Moldova ceased the constitutional review of legal provisions on the right to pension recalculation of persons who continue to work after retirement, due to the fact that the legislative omission alleged by the author of this exception of unconstitutionality has been meanwhile solved by Parliament.Thus, the Court noted that after this exception of unconstitutionality was raised, on 16 December 2016 the Parliament passed the Law no. 290 thereby Article 33.1 of the Law on public system of
Shortcomings of Electoral Law Can Be Solved by a New Elections Code
The President of the Constitutional Court of Moldova, Mr Alexandru Tănase, attended the Conference “Presidential Elections of 2016 in the Republic of Moldova: analysis, conclusions, recommendations and steps to follow,” carried out by the Central Electoral Commission and the Council of Europe, on 16 February 2017.Mr Tănase underlined the need to improve the election law and to pass a new Elections Code by the Parliament, which would lay down separate provisions for each type of elections. The President of CCM
The President of CCM had Discussions with the Diplomats Accredited in Chișinău
Constitutional Court of Moldova has organised today, 10 February, an Open Doors Day for members of the Diplomatic and Consular Corps and for representatives of international organisations from Chișinău.The President of the Constitutional Court, Mr Alexandru Tănase, made on this occasion a presentation of the Court, listed the implemented projects and aspirations of the Court in its external dimension and the practices applied in delivering decisions of the Court.Within these discussions there was made an exchange of opinions on reforms
Depriving Jobless Mothers From Maternity Pay is Inconsistent With the Constitution
Constitutional Court of Moldova declared it unconstitutional when jobless mothers, who resigned during pregnancy, are deprived from their maternity pay.Thus, the Court held that legal provisions on the indemnity for temporary work incapacity and other social insurance allocations treat divergently different categories of mothers within the period prior to and following child birth.In its reasoning, the Court mentioned that these conditions generate an unfair attitude between wives who did not work at all within the last 9 months prior to
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