<![CDATA[Constitutional Court of the Republic of Moldova]]> http://www.constcourt.md/ 27.03.2017 en http://www.constcourt.md/ Copyright (c) 2017 http://www.constcourt.md/Partnership between the Constitutional Court and UN on the integration of underrepresented persons <![CDATA[Partnership between the Constitutional Court and UN on the integration of underrepresented persons // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=980&t=/Media/News/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 ]]> 17.03.2017 14:06 The Venice Commission Communicated to the Constitutional Court its Opinion on Article 307 of the Criminal Code <![CDATA[The Venice Commission Communicated to the Constitutional Court its Opinion on Article 307 of the Criminal Code // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=979&t=/Media/News/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 ]]> 17.03.2017 10:50 The Lack of Clarity in Sanctioning the Failure to Perform a Contract with Budgetary Institutions – Unconstitutional <![CDATA[The Lack of Clarity in Sanctioning the Failure to Perform a Contract with Budgetary Institutions – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=978&t=/Media/News/The-Lack-of-Clarity-in-Sanctioning-the-Failure-to-Perform-a-Contract-with-Budgetary-Institutions-Unconstitutional/ ]]> 16.03.2017 15:18 For the First Time Ever - Mayors at the Constitutional Court of Moldova <![CDATA[For the First Time Ever - Mayors at the Constitutional Court of Moldova // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=977&t=/Media/News/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 ]]> 15.03.2017 15:01 Open Doors Day for Mayors <![CDATA[Open Doors Day for Mayors // NEWS]]> http://www.constcourt.md/libview.php?l=en&idc=136&id=976&t=/SUPPORT-TO-THE-CONSTITUTIONAL-COURT-OF-THE-REPUBLIC-OF-MOLDOVA/NEWS/Open-Doors-Day-for-Mayors/ On 15 March 2017, the EU funded project “Support to the Constitutional Court of the Republic of Moldova” facilitated the organisation of CCM Open Doors Day event for the representatives of local authorities of the Republic of Moldova. Up to 50 guests attended the event, during which, apart of visiting the premises of the Constitutional Court, the Mayors from all over the country had the possibility to exchange the views with Mr Alexandru Tanase, President of the Constitutional Court.   The event was ]]> 15.03.2017 14:33 The President of the Constitutional Court of Moldova Met with the Ambassador of Czech Republic <![CDATA[The President of the Constitutional Court of Moldova Met with the Ambassador of Czech Republic // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=972&t=/Media/News/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.]]> 10.03.2017 17:39 Admisibilitatea sesizărilor - examinată de CCM <![CDATA[Admisibilitatea sesizărilor - examinată de CCM // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=971&t=/Media/News/Admisibilitatea-sesizarilor-examinata-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 ]]> 10.03.2017 16:06 The Adjudication of Criminal Cases in Simplified Procedure – Constitutional <![CDATA[The Adjudication of Criminal Cases in Simplified Procedure – Constitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=970&t=/Media/News/The-Adjudication-of-Criminal-Cases-in-Simplified-Procedure-Constitutional/ ]]> 09.03.2017 12:57 NOTICE: Constitutional Court’s Award “Constantin Stere” of 2017 <![CDATA[NOTICE: Constitutional Court’s Award “Constantin Stere” of 2017 // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=969&t=/Media/News/NOTICE-Constitutional-Courts-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 ]]> 07.03.2017 13:47 The Exclusion of People Declared Incapable from the List of Beneficiaries of the “Protected House” Service – Unconstitutional <![CDATA[The Exclusion of People Declared Incapable from the List of Beneficiaries of the “Protected House” Service – Unconstitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=968&t=/Media/News/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 case The 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 ]]> 07.03.2017 13:10 Gianni Buquicchio, President of the Venice Commission Attended a TV Talk Show in Moldova on Constitutional and Electoral Law <![CDATA[Gianni Buquicchio, President of the Venice Commission Attended a TV Talk Show in Moldova on Constitutional and Electoral Law // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=966&t=/Media/News/Gianni-Buquicchio-President-of-the-Venice-Commission-Attended-a-TV-Talk-Show-in-Moldova-on-Constitutional-and-Electoral-Law/ ]]> 03.03.2017 15:39 International Conference under the Auspices of CCM: “Evolution of Constitutional Control in Europe: Lesson Learned and New Challenges” <![CDATA[International Conference under the Auspices of CCM: “Evolution of Constitutional Control in Europe: Lesson Learned and New Challenges” // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=965&t=/Media/News/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 ]]> 02.03.2017 14:32 International Conference under the Auspices of CCM: “Evolution of Constitutional Control in Europe: Lesson Learned and New Challenges” <![CDATA[International Conference under the Auspices of CCM: “Evolution of Constitutional Control in Europe: Lesson Learned and New Challenges” // NEWS]]> http://www.constcourt.md/libview.php?l=en&idc=136&id=974&t=/SUPPORT-TO-THE-CONSTITUTIONAL-COURT-OF-THE-REPUBLIC-OF-MOLDOVA/NEWS/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 ]]> 02.03.2017 14:32 A Direct Dialogue: Constitutional Court of Moldova – Court of Justice of the European Union <![CDATA[A Direct Dialogue: Constitutional Court of Moldova – Court of Justice of the European Union // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=961&t=/Media/News/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 ]]> 23.02.2017 19:30 A Direct Dialogue: Constitutional Court of Moldova – Court of Justice of the European Union <![CDATA[A Direct Dialogue: Constitutional Court of Moldova – Court of Justice of the European Union // NEWS]]> http://www.constcourt.md/libview.php?l=en&idc=136&id=967&t=/SUPPORT-TO-THE-CONSTITUTIONAL-COURT-OF-THE-REPUBLIC-OF-MOLDOVA/NEWS/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 ]]> 23.02.2017 19:30 Александру Тэнасе: Конституционные суды – это институты государства, задача которых заключается в том, чтобы не допустить существования „царств без справедливости” <![CDATA[Александру Тэнасе: Конституционные суды – это институты государства, задача которых заключается в том, чтобы не допустить существования „царств без справедливости” // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=960&t=/Media/News/alekcandru-tanace-konctitutionnie-cudi-ato-inctituti-gocudarctva-zadaca-kotorih-zakliucaetcea-v-tom-ctobi-ne-dopuctiti-cusectvovaniea-tarctv-bez-cpravedlivocti/ 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 ]]> 23.02.2017 12:40 The Constitution of Moldova Edited in the Languages of Ethnic Groups <![CDATA[The Constitution of Moldova Edited in the Languages of Ethnic Groups // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=959&t=/Media/News/The-Constitution-of-Moldova-Edited-in-the-Languages-of-Ethnic-Groups/  ]]> 21.02.2017 16:21 Mandatory Payment for School Books Infringes Upon the Supreme Law <![CDATA[Mandatory Payment for School Books Infringes Upon the Supreme Law // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=957&t=/Media/News/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 ]]> 16.02.2017 15:46 Legislative Omission on Pension Recalculation, Complained of at the Court, Solved by Parliament <![CDATA[Legislative Omission on Pension Recalculation, Complained of at the Court, Solved by Parliament // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=956&t=/Media/News/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 ]]> 16.02.2017 14:05 Request for offers: procurement of editing and printing services <![CDATA[Request for offers: procurement of editing and printing services // NEWS]]> http://www.constcourt.md/libview.php?l=en&idc=136&id=963&t=/SUPPORT-TO-THE-CONSTITUTIONAL-COURT-OF-THE-REPUBLIC-OF-MOLDOVA/NEWS/Request-for-offers-procurement-of-editing-and-printing-services/ 16.02.2017 12:45 Shortcomings of Electoral Law Can Be Solved by a New Elections Code <![CDATA[Shortcomings of Electoral Law Can Be Solved by a New Elections Code // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=955&t=/Media/News/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 ]]> 16.02.2017 11:37 Open Doors Day for Diplomats <![CDATA[Open Doors Day for Diplomats // NEWS]]> http://www.constcourt.md/libview.php?l=en&idc=136&id=973&t=/SUPPORT-TO-THE-CONSTITUTIONAL-COURT-OF-THE-REPUBLIC-OF-MOLDOVA/NEWS/Open-Doors-Day-for-Diplomats/ On 10 February 2017, the EU funded project “Support to the Constitutional Court of the Republic of Moldova” supported the organisation of CCM Open Doors Day event for the representatives of foreign diplomatic and consular missions accredited to the Republic of Moldova. Up to 30 guests attended the event, during which, apart of visiting the premises of the Constitutional Court, foreign diplomats had the possibility to exchange the views with Mr Alexandru Tanase, President of the Constitutional Court. The informal discussions ]]> 11.02.2017 14:01 The President of CCM had Discussions with the Diplomats Accredited in Chișinău <![CDATA[The President of CCM had Discussions with the Diplomats Accredited in Chișinău // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=953&t=/Media/News/The-President-of-CCM-had-Discussions-with-the-Diplomats-Accredited-in-Chiinau/ 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 ]]> 10.02.2017 14:34 Depriving Jobless Mothers From Maternity Pay is Inconsistent With the Constitution <![CDATA[Depriving Jobless Mothers From Maternity Pay is Inconsistent With the Constitution // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=951&t=/Media/News/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 ]]> 09.02.2017 13:41 Constitutional Court of Moldova was accepted in the Superior Courts Network of the European Court of Human Rights <![CDATA[Constitutional Court of Moldova was accepted in the Superior Courts Network of the European Court of Human Rights // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=950&t=/Media/News/Constitutional-Court-of-Moldova-was-accepted-in-the-Superior-Courts-Network-of-the-European-Court-of-Human-Rights/ Constitutional Court of Moldova was accepted in the Superior Courts Network launched under the European Court of Human Rights (ECtHR). Upon acceptance within the Network, the Constitutional Court of Moldova will be granted access to the Network’s restricted-access Intranet site, which ensures communication and interaction between its members. Thus, CCM will be granted access to: -         Detailed research, in particular on the caselaw of the ECtHR; -         Comments of ECtHR’s lawyers  on important decisions on the day of their delivery; -         Tables, published ]]> 08.02.2017 14:59 International Conference “The Role of Constitutional Courts in solving constitutional crises” <![CDATA[International Conference “The Role of Constitutional Courts in solving constitutional crises” // NEWS]]> http://www.constcourt.md/libview.php?l=en&idc=136&id=948&t=/SUPPORT-TO-THE-CONSTITUTIONAL-COURT-OF-THE-REPUBLIC-OF-MOLDOVA/NEWS/International-Conference-The-Role-of-Constitutional-Courts-in-solving-constitutional-crises/ 07.02.2017 16:27 Provisions of the Education Code on Managing Universities – Constitutional <![CDATA[Provisions of the Education Code on Managing Universities – Constitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=947&t=/Media/News/Provisions-of-the-Education-Code-on-Managing-Universities-Constitutional/ Constitutional Court of Moldova dismissed the complaint lodged by the MPs Vasile Bolea and Vladimir Odnostalco on constitutional review of certain provisions of the Education Code of Moldova. Thus, the Court held that the payment of a monthly indemnity by the founder of a private university to the members of the Council of institutional strategic development does not infringe upon his right of property, given it is provided by the law. At the same time, it pursues a goal of public ]]> 07.02.2017 15:21 Provisions Incriminating the Organisation of Illegal Migration – Constitutional <![CDATA[Provisions Incriminating the Organisation of Illegal Migration – Constitutional // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=946&t=/Media/News/Provisions-Incriminating-the-Organisation-of-Illegal-Migration-Constitutional/ Constitutional Court of Moldova (CCM) declared constitutional Article 3621 of the Criminal Code, which incriminates the organisation of illegal migration aimed at gaining - directly or indirectly - financial or material benefits. In its reasoning, the Court held that the organisation of illegal migration is a crime that exceeds national borders. By instituting the phrase "State,s territory," there have been introduced in the legislation actions referring to the organisation of illegal migration not only on the territory of the Republic of ]]> 07.02.2017 13:40 Partnership for diversity between the CCM and the UN <![CDATA[Partnership for diversity between the CCM and the UN // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=944&t=/Media/News/Partnership-for-diversity-between-the-CCM-and-the-UN/ Constitutional Court of Moldova (CCM) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) from Chișinău initiated discussions on launching a partnership to facilitate institutional integration of underrepresented social groups. OHCHR representatives shared their experience in this field, as well as elaborated on the actions undertaken in order to employ representatives of these social categories within their institution. In this context, the President of CCM, Alexandru Tănase mentioned that the Court has the mission to further and protect ]]> 01.02.2017 18:40 Relations Between Moldova and Lithuania in Constitutional Jurisdiction – Consistent <![CDATA[Relations Between Moldova and Lithuania in Constitutional Jurisdiction – Consistent // News]]> http://www.constcourt.md/libview.php?l=en&idc=7&id=943&t=/Media/News/Relations-Between-Moldova-and-Lithuania-in-Constitutional-Jurisdiction-Consistent/ The President of the Constitutional Court of Moldova, Mr Alexandru Tănase, had a meeting on 1 February 2017 with the Ambassador Extraordinary and Plenipotentiary of Lithuania to Moldova, Mr Rimantas Latakas. The officials discussed the cooperation between Moldova and Lithuania in the field of constitutional jurisdiction, both on a bilateral level and within regional and international organisations, and gave it positive assessment. The President of the Court presented to the Lithuanian Ambassador the work performed within the Association of Constitutional Justice of ]]> 01.02.2017 18:33