Report on the Exercise of Constitutional Jurisdiction in 2017
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REPORT ON THE EXERCISE OF CONSTITUTIONAL JURISDICTION IN 2017 This Report on the exercise of constitutional jurisdiction in 2017 was published by the Constitutional Court of the Republic of Moldova Responsible for the publication: Rodica Secrieru, Chief-Assistant Judge Editor: Nina Pârțac (Editorial Division) Editura Arc str. G. Meniuc nr. 3, Chişinău, MD 2009; tel.: (+373 22) 73-36-19, 73-53-29; fax (+373 22) 73-36-23 e-mail: [email protected]; www.edituraarc.md Coperta: Mihai Bacinschi Redactor tehnic: Marian Motrescu Descrierea CIP a Camerei Naţionale a Cărţii Republic of Moldova. Constitutional Court. Report on the Exercise of Constitutional Jurisdiction in 2016 / Curtea Constituţională a Rep. Moldova; resp. de ed.: Rodica Secrieru. – Chişinău: Arc, 2018 – 276 p.: diagr., tab. Referinţe bibliogr. în subsol. ISBN 978-9975- 342.565.2(478)(047) R 25 ISBN 978-9975- REPORT ON THE EXERCISE OF CONSTITUTIONAL JURISDICTION IN 2017 CHIŞINĂU 2018 Republic of Moldova CONSTITUTIONAL COURT JUDGMENT on approval of the Report on the Exercise of Constitutional Jurisdiction in 2017 Chişinău, 5 January 2018 IN THE NAME OF THE REPUBLIC OF MOLDOVA, THE CONSTITUTIONAL COURT, COMPOSED OF: Mr. Tudor PANȚÎRU, President, Mr. Aurel BĂIEŞU, Mr. Igor DOLEA, Mr. Victor POPA, Mr. Veaceslav ZAPOROJAN, judges, with the participation of the Chief-Assistant Judge, Mrs. Rodica Secrieru, having examined in the plenary session the Report on the exercise of constitutional ju- risdiction in 2017, guided by the provisions of art.26 of law no.317-XIII of 13 december 1994 on Consti- tutional Court, art.61 para.(1) and art.62 p. f) of the Constitutional Jurisdiction Code no.502-XIII of 16 June 1995, based on art.10 of the Law on Constitutional Court, art.5 p. i) and art.80 of the Consti- tutional Jurisdiction Code, DECIDES: 1. To approve the Report on the Exercise of Constitutional Jurisdiction in 2017, according to the Annex. 2. This Judgment shall be published in the Official Gazette of the Republic of Moldova. President Tudor PANȚÎRU Chişinău, 5 January 2018, JCC no. 1 Approved by the Judgment of the Constitutional Court no. 1 of 5 January 2018 REPORT ON THE EXERCISE OF CONSTITUTIONAL JURISDICTION IN 2017 Title CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF MOLDOVA I TITLE I CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF MOLDOVA A STATUS AND FUNCTIONS OF THE CONSTITUTIONAL COURT The status of the Constitutional Court as the sole authority of constitutional ju- risdiction in the Republic of Moldova, autonomous and independent from legislative, executive, and judicial powers, is enshrined by the Constitution which establishes con- currently the principles and the main functional powers of the Court. The status of the Constitutional Court is determined by its primary role of ensuring the respect for rule of law values: to guarantee the supremacy of the Constitution; to ensure the implemen- tation of the principle of separation of the state powers; to guarantee the responsibility of the State toward the citizen and of the citizen toward the State. These major functions are performed through instruments guaranteed by the Constitution. In a good organization of the state power, the role of the Constitutional Court is essential and definitive, representing a true pillar supporting the state and democracy, guaranteeing equality before the law, human rights and fundamental freedoms. At the same time, the Constitutional Court contributes to the good functioning of public au- thorities within the constitutional relationships of separation, balance, cooperation and mutual control of the state powers. REPORT on the Exercise of Constitutional Jurisdiction in 2017 12 The constitutional powers provided for in Art. 135 of the Constitution are devel- oped in the Law No. 317-XIII of 13 December 1994 on the Constitutional Court and Constitutional Jurisdiction Code No. 502-XIII of 16 June 1995, which govern, inter alia, the procedure of examination of complaints submitted to the Court, the procedure of electing judges of the Constitutional Court and of the President of the Court, as well as the powers, rights and responsibilities thereof. Based on the constitutional provisions, the Constitutional Court: a) exercises, upon referral, the control over the constitutionality of laws and regu- lations of the Parliament, decrees of the President of the Republic of Moldova, decisions and orders of the Government as well as international treaties, which the Republic of Moldova is a party to; b) interprets the Constitution; c) delivers its opinion on the initiatives to revise the Constitution; d) confirms the results of republican referenda; e) confirms the results of parliamentary and presidential elections in the Republic of Moldova, validates the mandate of the Members of the Parliament and of the President of the Republic of Moldova; f) assesses the circumstances justifying the dissolution of the Parliament, resigna- tion of the President of the Republic of Moldova, interim office of the President, impossibility of the President of the Republic of Moldova to perform his/her du- ties for over 60 days; g) settles exceptions of unconstitutionality of legal acts, challenged by the Supreme Court of Justice; h) decides on matters concerning the constitutionality of a party. B JUDGES OF THE CONSTITUTIONAL COURT According to Art. 136 of the Constitution, the Constitutional Court is composed of six judges appointed for a term of six years. CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF MOLDOVA TITLE I In April 2017 has expired the mandate of the constitutional judge, elected as Presi- 13 dent of the Constitutional Court, Mr. Alexandru Tănase. On 3 May 2017, the Govern- ment appointed Mrs. Victoria Iftodi to the position of judge of Constitutional Court. As a result, following the expiry of the mandate of President of the Constitutional Court, Mr. Alexandru Tănase, on 12 May 2017, in plenary session of the Constitutional Court, the judge Tudor Panțîru was elected as President of the Constitutional Court for a three-year term. Thus, since May 2017, the Plenum of the Constitutional Court was as follows: 1. Tudor PANȚÎRU, President 2. Igor DOLEA, 3. Aurel BĂIEȘU, 4. Victor POPA, 5. Veaceslav ZAPOROJAN, 6. Victoria IFTODI, judges. REPORT on the Exercise of Constitutional Jurisdiction in 2017 14 Tudor PANŢÎRU Born on 26.10.1951; graduated the Faculty of Law, State University of Mol- dova (1977). Lawyer, member of the Bar Association of the Republic of Moldova (1977-1980); Judge in Frunze District Court, Chişinău (1980-1990); President of Frunze District Court, Chişinău (1987-1990); Chairman of the Committee on assessment, admission and promotion of judges (1988-1990); Member of Parli- ament of the Republic of Moldova (1990-1994); Chairman of the Parliamentary Legal Committee (1990-1992); Ambassador, Permanent Representative of the Republic of Moldova to the United Nations (1992-1996); Legal Advisor and Pro- gram Coordinator within United Nations Development Program in the Republic of Moldova on strengthening the legal and judicial sector (1996-1998); Internati- onal Judge, European Court for Human Rights (1995-2001); Legal Adviser, Mo- nitoring Department of the Council of Europe, Strasbourg (2001- April 2002); International Judge, Criminal Division of the Supreme Court of Kosovo (April 2002 - January 2004); International judge, the UN Mission in Kosovo, President of the UN Commercial Court (January 2004 - December 2008); International Judge, Constitutional Court of Bosnia and Herzegovina (2002 -present); Mem- ber of the Parliament of Romania, Chairman of the Subcommittee on the super- vision of the enforcement of ECHR Judgements (December 2008 - December 2012). Judge at the Constitutional Court since February 2013. On 12 May 2017 was elected as President of the Constitutional Court. Appointed as judge of the Constitutional Court by the Decision of the Superior Council of Magistracy No. 130/6 of 12.02.2013. CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF MOLDOVA TITLE I Igor DOLEA 15 Born on 17.07.1962; graduated the Faculty of Law, State University of Mol- dova (1988); Doctor of Law (1996); Doctor Habilitatus of Law (2009). Associ- ate Professor at the Department of Procedure Law (the former Department of Criminal Procedure Law and Criminalistics), State University of Moldova (since 2000); Head of the Department of Criminal Procedure Law and Criminalistics, State University of Moldova (1996 - 2013); University Professor at the Depart- ment of Procedure Law (the former Department of Criminal Procedure Law and Criminalistics), State University of Moldova (2010 - present); PhD supervisor; Director of the Institute for Penal Reform (2001-2009); Member of the Superior Council of Magistracy (2009-2013); member of the Qualification Committee under the Superior Council of Magistracy (2002-2006); member of the Scien- tific Advisory Council under the Supreme Court of Justice (2002-2014); expert on the National Working Group on Juvenile Justice (2005-2007); expert in the Scientific-Methodical Council of the General Prosecutor’s Office (2005-2009); expert in the Advisory Scientific Council under the Constitutional Court (2007- 2013); expert in the Scientific Council of the Bar of the Republic of Moldova (2007-2014); Chairman of the Experts Committee of the National Council for Accreditation and Attestation (2011 - present); Chairman of the Coordination and Monitoring Group for the implementation of the Justice Sector Reform Strategy (2012-2013); member of the National Council for the Reform of Law Enforcement Bodies (2012-2013); member of the Institu- tional Strategic Development Council of the “Ion Creangă” State Pedagogical University (2015-pre- sent). Judge at the Constitutional Court since February 2013. Member of the working group for drafting the Code of Criminal Procedure, Enforcement Code, Code of Administrative Offences, Law on Mediation, Law on Probation, Law on the Pro- tection of Witnesses and Other Participants in Criminal Proceedings. Has activated as expert in international projects supported by the Council of Europe, OSCE, IOM etc. Author of over 100 publications, including monographs and textbooks in the field of justice and human rights.