The Constitutional Court of Moldova delivered a positive Opinion on repealing immunity for MPs

On 18 April 2016 the Constitutional Court of Moldova delivered its Opinion on the initiative to revise Article 70 of the Constitution of the Republic of Moldova (Application no. 38c/2016).

Circumstances of the case

The case originated in an application lodged with the Constitutional Court on 11 April 2016 by a group of 39 MPs.

The draft law concerns the revision of the Constitution for the purpose of repealing the immunity of MPs, by excluding paragraph (3) of Article 70 of the Constitution.

Under the current provisions of Article 70.3 of the Constitution, the MP may not be apprehended, arrested, searched, except for cases of flagrant misdemeanour, or sued at law without a prior consent of the Parliament and upon hearing of the Member in question.

The Constitutional Court delivered its Opinion on the application in the following composition:

Mr Alexandru TĂNASE, president,

Mr Aurel BĂIEŞU,

Mr Igor DOLEA,

Mr Victor POPA, judges

Conclusions of the Court

Examining the casefiles, the Court noted that the initiative of a group of 39 MPs to revise the Constitution has been submitted by the authorized subject (Article 141.1.b of the Constitution).

The Court further observed that it has previously ruled on the revision of constitutional provisions on parliamentary immunity by Opinions No. 1 of 25 January 2001, No. 1 of 25 November 2011 and No.2 of 10 November 2015.

In all these cases, the Court approved the submitted constitutional draft laws, which provided for the exclusion of parliamentary immunity. The Court held that the Parliament is the sole authority competent to decide on enacting, excluding or limiting the immunity of MPs.

The Court noted that the proposed constitutional amendments fulfil the requirements on sovereignty, independence and unity of the State, and are not likely to lead to the suppression of fundamental rights and freedoms of citizens or their guarantees.

Opinion of the Court

Stemming from the above reasoning, the Court found that the legislative proposal to amend Article 70 of the Constitution does not infringe upon the limits of revision provided for in Article 142 of the Constitution and may be submitted for examination before the Parliament.

At the same time, pursuant to Article 143.1 of the Constitution, the constitutional draft law may be adopted following at least 6 months from the date the initiative for amendment of the Constitution has been submitted.

The Opinion of the Court is final, cannot be appealed, shall enter into force on the date of passing, and shall be published in the Official Journal of Moldova.

This press release is also available in its original version, in Romanian language.