Constitution of the
Republic of Moldova
Contacts

Title V. Constitutional Court


Article 134. Statute

(1) The Constitutional court is the sole au­thority of constitutional jurisdiction in the Re­public of Moldova.

(2) The Constitutional Court is independent of any other public authority and shall abide only by the Constitution.

(3) The Constitutional Court guarantees the supremacy of the Constitution, ascertains the enforcement of the principle of separation of the State powers into the legislative, executive and judiciary, and it guarantees the responsi­bility of the State towards the citizen and of the citizen towards the State.


Article 135. Powers

(1) The Constitutional Court:

a) exercises, 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;

b) gives the interpretation of the Constitu­tion;

c) formulates its position on initiatives aimed at revising the Constitution;

d) confirms the results of republican referen­da;

e) confirms the results of parliamentary and presidential elections in the Republic of Mol­dova;

f) ascertains the circumstances justifying the dissolution of the Parliament, the removal of the President of the Republic of Moldova or the interim office of the President, as well as the impossibility of the President of the Re­public of Moldova to fully exercise his/her functional duties for more than 60 days;

g) solves the pleas of unconstitutionality of legal acts, as claimed by the Supreme Court of Justice;

h) decides over matters dealing with the con­stitutionality of a party.

(2) The Constitutional Court carries out its activity on the initiative brought forward by the subjects provided for by the Law on the Constitutional Court.


Article 136. Structure

(1) The Constitutional Court consists of 6 judges appointed for a 6-year term of office.

(2) Two judges shall be appointed by the Par­liament, two -by the Government and two -by the Superior Council of Magistrates.

(3) The judges of the Constitutional Court elect its President by secret ballot.


Article 137. Independence

For the tenure of their mandate the judges of the Constitutional Court are irremovable, independent, and abide only by the Constitu­tion.


Article 138. Qualifications for Appointment

The judges of the Constitutional Court must possess outstanding judicial knowledge, high professional competence and a length of ser­vice of at least 15 years in legal field, legal edu­cation or scientific activity.


Article 139. Incompatibilities

The position of judge of the Constitutional Court is incompatible with holding of any other remunerated public or private position, except for didactic and scientific activity.


Article 140. Judgments of the Constitutional Court

(1) Laws and other normative acts or parts thereof become null and void from the mo­ment of adopting by the Constitutional Court of the appropriate judgment to that effect.

(2) The judgments of the Constitutional Court are final and cannot be appealed against.