The Constitutional Court of Moldova delivered a positive Opinion on the constitutional amendments concerning Prosecutor General’s Office

On 19 April 2016 the Constitutional Court of Moldova delivered its Opinion on the initiative to revise and supplement the Constitution (Application no. 40c/2016).

Circumstances of the case

The case originated in an application lodged with the Constitutional Court on 12 April 2016 by the Government.

In essence, the draft law proposes:

(1) The appointment and dismissal of the Prosecutor General by the President of Moldova following the proposal of the Superior Council of Prosecutors;

(2) The regulation of Prosecutor General’s mandate for a term of 7 years, which may not be renewed;

(3) Constitutional regulation of the composition and competence of the Superior Council of Prosecutors.

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 Government’s initiative to amend the Constitution has been submitted by the authorized subject (Article 141.1.c of the Constitution).

The Court further noted the important role of the Prosecutor General’s Office in the system of State authorities and in protecting personal freedom, it having a key role in ensuring the independent and impartial functioning of the criminal justice system.

The Court underscored that the proposed constitutional provisions on the appointment of the Prosecutor General by the President of Moldova for a single mandate of 7 years aim to ensure full independence in exercising his activity.

Also, the constitutional regulation on the Superior Council of Prosecutors will strengthen the role of this institution in administrating the prosecutorial system.

Opinion of the Court

Stemming from the above reasoning, the Court found that the legislative proposal to amend and supplement 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.