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28.07
2017

The Constitution of the Republic of Moldova celebrates its 23rd anniversary

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On Friday, 28 July 2017, under the aegis of the Constitutional Court and the Parliament, the Constitution Day of the Republic of Moldova was celebrated with an official ceremony at the Palace of the Republic. On this occasion, high-ranking officials from the Republic of Moldova and abroad – Lithuania, Romania, Georgia, Germany and Ukraine – delivered speeches.

Andrian Candu, Speaker of Parliament, in his welcome speech congratulated the citizens of the Republic of Moldova on the occasion of the Constitution Day and stated that more than ever, we need solidarity and unity for modernizing the country according to the European model. In this context, the constitutional milestones help us to implement new regulations, to intervene in order to defend society and the state, without prejudice to fundamental rights and freedoms.

Tudor Panţîru, President of the Constitutional Court (CCM), in his congratulatory message underlined that the Supreme Law is the product of our historical, political and cultural becoming, being the legal act that defines our ideology and sets the collective agenda of social and political changes in our society. This is a day that has to call decision-makers for concrete actions, undertaken in good faith and professionalism, for the benefit of the citizens.

According to the President of the CCM, in this time of social and political transformation that we are going through, the role of the Constitutional Court becomes particularly significant. The Court is the institution that has to watch over the effective observance of the Constitution's supremacy. It is one of the institutions generating remedies against these obstacles and challenges. At the same time, all state institutions also must ensure the supremacy of the Constitution, according to their competencies.

Prime Minister, Pavel Filip stated that the Constitution is the first guiding mark in the public action assumed by a government centered around the supreme values enshrined in the Preamble to the Fundamental Law. Also, the Prime Minister appealed to all state institutions for responsibility, for seating at the dialogue table and for a pro-European cooperation that would serve the purposes enunciated by the Basic Law.

Dainius Žalimas, President of the Lithuanian Constitutional Court, remarked the common values of the European identity provided by the Constitution and the Declaration of Independence of Lithuania, as well as by the Constitution and Declaration of Independence of the Republic of Moldova, such as freedom, human dignity and democracy, as well as the European orientation of the state. On the occasion of the anniversary of the Constitution, Dainius Žalimas congratulated the CCM for its positioning as the most courageous and European institution in the Republic of Moldova.

Valer Dorneanu, President of the Romanian Constitutional Court, in his congratulatory message welcomed the fact that the CCM was elected to hold the presidency of the Conference of European Constitutional Courts for the period 2020-2023, as a recognition of the independence and quality of its work, in accordance with European standards. In this respect, the high-ranking official from Bucharest brought to the attention of the audience a number of resolute judgments of the CCM, including the CCM judgment of 2013 on the interpretation of Article 13.1 of the Constitution in conjunction with the Preamble to the Constitution and the Declaration of Independence of the Republic of Moldova.

Zaza Tavadze, President of the Georgian Constitutional Court, addressed a congratulatory message through the Georgian Embassy in the Republic of Moldova in which he underlined the constitutional similarities of Georgia and the Republic of Moldova - independence, statehood, rule of law - and expressed his conviction that, in spite of the challenges, both states will become members of the European Union.

The congratulatory message from the Constitutional Court of Ukraine was delivered by Stanislav Shevchuk - Judge and Chairman of the Standing Committee for Foreign Relations of the Constitutional Court of Ukraine. In his speech he pointed out that the CCM, through its activity, is a model for the Constitutional Court of Ukraine, referring in particular to the CCM judgment of 2 May 2017 on the interpretation of Art. 11 of the Constitution on the neutrality of the Republic of Moldova.

The Federal Constitutional Court of Germany was represented by Judge Andreas Paulus, who delivered a speech on The role of Constitutional Courts in maintaining the rule of law and preserving democracy. In his view, Constitutions remain dead letter if not interpreted and applied in judicial decisions and implemented in practice by the other branches of government. According to the judge, the basic role of Constitutional Courts is to exercise control over the state institutions, whose activity is subject to laws, including constitutional laws.

According to Mr Paulus, the loyalty to the constitution goes far beyond a mere execution of the formal decisions of the Constitutional Courts. In this respect the judge came with examples from the practice of the German constitutional jurisdiction. In particular, he brought examples concerning the practical application of the principle of inviolability of human dignity and explained away the benefits of the citizens’ individual complaint as offering the opportunity to understand the stake of this remedy in protecting the rights provided by the Constitution.

The event was attended by current and former judges of the Constitutional Court, MPs and members of the Government, other senior officials, representatives of foreign diplomatic missions, personalities in the field of culture and science.

Following the official ceremony, the special guests of the event, at the invitation of Speaker Candu, visited the Parliament, where the CCM President Tudor Panţîru presented them the Declaration of Independence of the Republic of Moldova as its signatory.

The Constitution of the Republic of Moldova was adopted on 29 July 1994. Like other states in Europe, the Constitutional Court of the Republic of Moldova is the sole authority of the state that officially interprets the Constitution and verifies whether laws and other normative acts are in accordance with the Constitution.

 
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