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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.

Education:

2015 – Habilitated Doctor of Law, Free International University of Moldova, Chișinău, Moldova (Title of the thesis: The positive and negative obligations of the state in light of the Convention for the Protection of Human Rights and Fundamental Freedoms);

2006 – PhD in Law, Law Faculty, State University, Chișinău, Moldova (Title of the thesis: The legal conduct and justice);

1983-1988 – BA in Law, Law Faculty, State University, Chișinău, Moldova;

2003 – Studies in refugees’ rights, Academy of European Law, Trier, Germany;

2000 – Trainee at the European Court of Human Rights, Strasbourg, France;

2000 – Human rights studies, National School for the Judiciary, Paris, France;

1995 – Human rights studies, National School for the Judiciary, Paris, France.

 
Judicial activity:

2012-2018 – Judge and President of the Supreme Court of Justice of the Republic of Moldova;

1 May 2008 - 1 May 2012 – Judge of the European Court of Human Rights, Strasbourg, France;

2004 - present – Arbitrator of the Court of Conciliation and Arbitration within the OSCE, representative of the Republic of Moldova;

2003-2008 – Judge, and starting with 2005 – Vice-President of the Supreme Court of the Republic of Moldova, Chair of the Civil and administrative panel;

1996-2003 – Judge and Vice-President of the Court of Appeal of the Republic of Moldova;

1995-1996 – Judge and President of the Court of Law of Central District, Chișinău;

1989-1995 – Judge and Vice-President of the Court of Law of Buiucani, Chișinău;

1988-1989 – Trainee judge at the Court of Law of Rîșcani, Chișinău. 


Non-judicial activity:

2017 - present – Associate professor, Free International University of Moldova, The European protection of human rights;

2014-present – Lecturer at the Law Faculty of the State University of Moldova, Human Rights;

2012 - present – Trainer at the National Institute of Justice, European human rights law;

2015 – Associate professor, University of European Political and Economic Studies “Constantin Stere”, Moldova;

1989-2008 – Lecturer at the Law Faculty of the State University of Moldova, practical courses in civil law;

1998-2002 – Lecturer of civil law and human rights, Training Centre, Ministry of Justice;

1998-2002 – Lecturer of civil law and human rights, Law Centre of Attorneys;

1998-2005 – Member and President of the College of Qualifications and Selection of the Judges under the Superior Council of Magistracy;

2005-2008, 2012-2018 – Member of the Superior Council of Magistracy;

2000-2008 – Member of the Consultative Council of European Judges of the Council of Europe;

2002-2008 – Vice-President and President of the Association of Judges of the Republic of Moldova;

1998-2002 – Expert, United Nations Development Program (UNDP);

2001-2003 – Member of the jury, ”Soros-Moldova” Foundation, Department of Public Administration and Law.


Practical and scientific publications:

Culegeri de practică judiciară (1999-2002) a Colegiului civil al Curţii de Apel a Republicii Moldova, co-author, Cartier, Chişinău; 

Modele de acte judecătoreşti (procedura civilă), author, Cartier, Chişinău, 2002;

Modele de acte judecătoreşti (civil procedure, second edition, annotated with ECtHR case-law), author, Cartdidact, Chişinău, 2005;

Pregătirea pricinilor civile pentru dezbaterile judiciare, editor, co-author, Cartier, Chişinău, 2006;

Manualul judecătorului la examinarea pricinilor civile, editor, co-author, Cartier, Chişinău, 2006;

Conduita legală şi justiţia, author, Cartdidact, Chişinău, 2007;

Culegere de practică judiciară a Colegiului civil şi de contencios administrativ al Curţii Supreme de Justiţie, acte ce vizează drepturile şi libertăţile fundamentale ale omului şi Justiţia, editor, co-author, Cartier, Chişinău, 2005-2006;

Culegere de practică judiciară a Colegiului civil şi de contencios administrativ al Curţii Supreme de Justiţie, editor, co-author, Cartier, Chişinău, 2007;

Ghidul cetăţeanului (civil procedure), editor, co-author, Cartier, Chişinău, 2008;

Manualul judecătorului pentru cauze civile, 2nd edition, editor, co-author, Tipografia Centrală, Chişinău, 2013;

Jurisprudenţa Curţii Supreme de Justiţie, 2012 year, editor, co-author, Tipografia Centrală, Chişinău, 2013;

Manualul judecătorului pentru cauze penale, editor, co-author, Tipografia Centrală, Chişinău, 2013;

Modele de acte judecătoreşti, civil procedure, 3rd edition, editor, Tipografia Centrală, Chişinău, 2014;

Modele de acte procedurale în procesul penal, editor, Tipografia Centrală, Chişinău, 2014;

Extrateritorialitatea Convenţiei Europene a Drepturilor Omului: Obligaţii pozitive şi jurisdicţie (monography), Chişinău: Tipografia Centrală, 2014;

Convenţia europeană a drepturilor omului: obligaţii pozitive şi negative (monography), Chişinău: Tipografia Centrală, 2015; 

Extraterritoriality of the European Convention on Human Rights: positive obligations and jurisdiction (monography), Iaşi, Romania: Tipografia Vasiliana 98, 2015;

Positive and negative obligations of the state under the European Convention on Human Rights (monography), Iaşi, Romania: Tipografia Vasiliana 98, 2015;

Istoria Justiţiei, editor, co-author, Iaşi, Romania, Tipografia Vasiliana 98, 2016;

Pregătirea cauzelor civile pentru dezbateri judiciare, editor, co-author, Tipografia Lexon-Prim, Chişinău, 2016;

Convenţia Europeană a Drepturilor Omului. Comentariu asupra hotărîrilor Curţii Europene a Drepturilor Omului versus Republica Moldova. Concluzii şi recomandări, editor, co-author, Tipografia Centrală, Chişinău, 2017;

Modele de acte judecătoreşti în procesul contravenţional, editor, co-author, Tipografia Centrală, Chişinău, 2017;

Excepţia Namibia şi obligaţia pozitivă a Republicii Moldova de recunoaştere a anumitor hotărâri judecătoreşti pronunţate de către instanţele regimului nerecunoscut din Transnistria, Studii şi cercetări juridice, no. 2, 2018, Publishing House of the Romanian Academy;

Cazul Litschauer şi procedeul Curţii Constituţionale a Republicii Moldova, în Preeminenţa dreptului şi controlul de constituţionalitate: între tradiţie şi modernitate, Hamangiu, Bucureşti, 2018.  


Languages:

Romanian – mother tongue;

Russian – fluent;

French – fluent;

English – good. 

 

 
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