President

The President of the Constitutional Court shall be elected by secret ballot for a term of 3 years, with the majority of votes of judges of the Court (art.136 para. (3) of the Constitution of RM, art. 7 para. (1) of the Law on the Constitutional Court). If in the first round of elections the candidates for President of the Constitutional Court do not meet the majority of votes, the second round is be held and president will be elected the judge who will obtain the largest number of votes. If in the second round of elections the candidates meet the same number of votes, the president will be elected by drawing lots among the candidates. The Constitutional Court elects a judge who will perform the duties of the President during his/her absence (art. 7 para. (3), (4), (5) of the Law on the Constitutional Court).

 

The President of the Constitutional Court:

  • convenes the Constitutional Court and presides over its meetings;
  • coordinates the activity of the Constitutional Court and assigns cases for settlement;
  • represents the Constitutional Court is the public authorities nationally and internationally;
  • ascertains the cases of termination of the mandate of judge under this law, and informs the public authority that appointed him/her as judge for the vacant position;
  • conducts overall the Secretariat of the Constitutional Court, hires and dismisses the employees of the Secretariat under the employment contract;
  • submits for approval to the Constitutional Court the regulations of the Court Secretariat, the chart, its organizational chart, the regulations of the Scientific and Advisory Council of the Constitutional Court, approves the regulations of the Secretariat departments;
  • performs other duties stipulated by the Law on the Constitutional Court and the Constitutional Jurisdiction Code, other legal acts.

The President of the Constitutional Court managers the Court's financial means within the approved budget.
  
In the distribution of cases for settlement, the President of the Court orders to transmit the complaint for preliminary examination within the established deadline to:

  • one or several judges of the Court; or
  • a subunit of the Secretary or an assistant judge.

The order of the President of the Constitutional Court is legalized in a special form. After the Constitutional Court decides to receive for examination the complaint and its inclusion in the agenda, the President of the Constitutional Court appoints a judge as rapporteur, fixes the deadline for the examination of the complaint and of submission of the report, which shall not be less than 60 days from the registration date of complaint. If a large amount of inquiries is required, this term may be extended by 30 days.

The President of the Constitutional Court requests the judge-rapporteur to provide information about the preparation of the file for review, determines who will be invited to the meeting, gives directions regarding the referral of materials to judges and participants in the process and in their information about the place, date and time of the meeting.


The judicial proceedings are conducted by the President of the Court. The indications of the presiding judge must be followed by participants in the process and others persons present in the room. He/she is entitled to:

  • interrupt after formal notice any participant in the process, exclude any question and explanation which does not relate to the case, to the process or to the competence of the Constitutional Court;
  • deny the right to speak of the participant that violates the regulations of debates, does not have a disciplined behaviour, violates other rules of procedure of the constitutional jurisdiction;
  • order the removal of any person from the room who violates the order and does not comply with his/her directions

The presiding judge conducts the deliberation of the judges of the Constitutional Court in the council chamber, ensures the free examination of opinions.  

 

www.tanase.md

Born on February 24, 1971 in Chisinau 

Family status: Married, with 2 children

 Carrier

 

President of the Constitutional Court (October 2011 – present);
Judge of the Constitutional Court
(April 2011 – present);
Minister of Justice (September 2009 – May 2011);
Associated Law Office “Hanganu, Tănase and Partners”, Associate Lawyer (2007 – 2009);
Law Office “Alexandru Tănase”, Lawyer (June 2005 – 2007);
Centre of Juridical Studies and Policies, Juridical Consultant (April 2005 – June 2005);
SOROS Foundation - Moldova, Justice Programme, Project manager (April 2003 – April 2005);
United Nations Development Programme,
National Consultant, Project focused at providing “Support for Judicial Development in Moldova” (December 2000 – March 2003);
United Nations Development Programme, Project manager, “Capacity building of Legislative and Judicial systems” (September 1999 – December 1999);
Moldovan Lawyers Bar, Lawyer (February 1999 – March 2009);
United Nations Development Programme, the Programme “Governance and Democracy”, Project Manager, the Project “Capacity building of Legislative and Judicial systems in Moldova” (October 1998 – august 1999);
Justice Ministry, Division Government Agent and International Relations, Senior Consultant (January – September 1998);
Freelance juridical councillor (January 1995 – December 1997).

Carrier As Politician 

Prime-Vice President of the Liberal Democrat Party of Moldova (8 December 2007 – 10 aprilie 2011);
Deputy in the Parliament of the Republic of Moldova (April 2009 – March 2010, November 2010 – February 2011);
President of the Liberal Democrat Party of Moldova’s Fraction in the City Council of Chişinău (June 2007 – April 2009);
President of Juridical Committee on public order and activity of the local public administration of the Chişinău City Council (June 2007 – April 2009).

Civic, scientific and cultural work  

Legislative work

Governmental Commission member on drafting the new Law on the Constitutional Court;
Governmental Commission member on drafting the new Law on the Prosecutor’s Office;
Task Force member on drafting the comment of the new Penal Code;
Task Force member on drafting the Bill on the National Institute of Magistrature from Moldova;  Task Force coordinator on drafting the Bill on private bailiffs;Task Force coordinator on drafting the comment of the Law on contentious administrative.

Human rights

Governmental Programme coordinator on the implementation of the European Convention on Human Rights in the Republic of Moldova;                                                                                                    Lawyer of the cases won at the ECHR - Ilaşcu, Meriacri, Amihalachioae, Şarban, Modârcă, Gorea;

Author of the National Report on the independence of the judicial system for 2003  year;
Representative of various media institutions in
lawsuits on calumny;                                                         C

oordinator of training programmes of junior lawyers on the ECHR.

Commercial law

Drafting the report on the normative framework regarding privatisation in Moldova;
World Bank Lawyer in insolvency;       
Local consultant of Raiffeisen Investment AG, Price Water house Coopers şi Muşat & Asociaţii regarding the privatisation of MOLDTELECOM company.

Bibliography

Access to Justice (1999) – co-author;
Procedure before ECHR (2000) – author;
Jurisprudence of the Court of Appeal – coordinator of edition;
Offence impeding the enforcement of justice – coordinator of edition;
Juridical regime of Intellectual creation – coordinator of edition;
Author of various political and scientific articles in different Bibliography on protecting human rights, independence of justice and democracy in Moldova.

Speeches and conferences abroad

OSCE/ODIHR International Conference on „The role of political parties in political processes”, main reporter  (Warsaw, Poland, 18-20 May 2011);
International Conference of high level on effective
recourse against the non-execution of national judicial decisions (Strasbourg, France, 15-16 March 2010);
International Conference of high level on the future of ECHR (Interlaken, Switzerland, 18-19 February 2010);
International Conference of high level on „Justice for children: legislative systems and solutions of implementation (Baku, Azerbaijan, 16-17 November 2009).

Additional experience

Experience in carrying out and leading projects of juridical assistance;                                

Knowledge of the history of law and traditions of former USSR, as well as of current juridical and economic developments in CIS and East European states;                                                    

Experience in reformation process in human rights in Eastern European states and CIS;
Experience in international cooperation and in coordinating foreign assistance;
Experience in cooperation with the Council of Europe and ECHR.

Education

Licentiate in Law (Law Faculty, University Alexandru Ioan Cuza, Iaşi,1994);
Criminal Defense Techniques (American Bar Association, 2004);
Instructing trainers on the enforcement of European Convention (Council of Europe and European Commission, 2005);
PhD candidate (Law Faculty, State University of Moldova, 2007).

Foreign languages

English, Russian, Spanish.

 

 
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