Laws can be subject to constitutional review both after and prior the publication in the Official Gazette of the Republic of Moldova

On 14 February 2014 the Constitutional Court delivered its judgment on the interpretation of the Article 135 paragraph (1), lett. a) of the Constitution (Complaint No. 52b/2013).

Circumstances of the case

At the origin of the case lies the application submitted to the Constitutional Court on 26 November 2013 by the MPs, Messrs Valeriu Munteanu and Gheorghe Brega.

Article 135 paragraph (1) of the Constitution, which comprehensively enshrines the powers of the Constitutional Court, provides at lett. a) the competence of the Court to “exercise, upon appeal, the review of constitutionality over laws and decisions of the Parliament, decrees of the President, decisions and ordinances of the Government, as well as over international treaties to which the Republic of Moldova is a party”.

The authors of the application requested the Court to give interpretation to the Article 135 para. (1), lett. a) of the Constitution, under the following aspect:

"May the President of Moldova request the constitutional review of laws, submitted to his/her promulgation by Parliament, until the promulgation by presidential decree and publication in the Official Gazette of the Republic of Moldova?"

During public sitting, the authors called for the extension of the subject matter of the application, requesting the Court to give an interpretation regarding all subject entitled to address to the Constitutional Court.

The Constitutional Court ruled on the application in the following composition:

Mr Alexandru TĂNASE, President,

Mr Aurel BĂIEŞU,

Mr Igor DOLEA,

Mr Tudor PANŢÎRU,

Mr Victor POPA,

Mr Petru RĂILEAN, judges

Judgment of the Court

Starting from the reasoning invoked during the sitting, the Constitutional Court ruled that, in the meaning of the Article 135 para. (1), lett. a) of the Constitution, the review of constitutionality of laws includes the laws passed by Parliament, both after and prior publication in the Official Gazette of the Republic of Moldova, upon the appeal of the President of the Republic of Moldova and of the other subjects with the right to appeal.

The Judgment of the Constitutional Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Gazette of the Republic of Moldova.