On 18 April 2016 the Constitutional Court of Moldova delivered its Opinion on the draft law on supplementing the Constitution with a chapter on Ombudsman’s Office (Application no. 32c/2016).

Circumstances of the case

The case originated in an application lodged with the Constitutional Court on 5 April 2016 by the Government, which requested Court’s Opinion on the draft law on supplementing the Constitution with provisions on Ombudsman’s Office.

In essence, the draft law proposes the constitutional regulation of the status and role of Ombudsman’s Office, appointment modality, as well as the guarantees in its work.

The Constitutional Court of Moldova 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 held that the draft law on supplementing the Constitution with Article 59/1 has been submitted by the Government, which is an authorized subject (Article 141.1.c of the Constitution).

The Court noted that the Ombudsman’s Office plays a fundamental role in strengthening democracy, rule of law and human rights. This institution is a guarantor of democratic development and represents one of the mediating authorities between society and the State, in order to ensure dialogue and respect for universal values of human rights and freedoms.

The Court underscored that the proposed provisions aim at strengthening and enhancing the protection mechanisms of fundamental human rights and freedoms.

Opinion of the Court

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