Constitution of the
Republic of Moldova
Contacts

Title VII. Final and transitory provisions


Article I 

(1) This Constitution is adopted by the Par­liament and shall be promulgated by the Presi­dent of the Republic of Moldova within 3 days.

(2) The  comes into effect on 27 August 1994. On the same date, the  of 15 April 1978, with its subse­quent amendments and supplements shall be fully repealed.


Article II 

(1) The laws and other normative acts are deemed valid to the extent to which they do not conflict with this Constitution.

(2) Within one year from the date of coming into effect of this Constitution, the permanent Parliament and Government committees shall examine the compliance of the legislation with the Constitution, and shall submit to the Par­liament adequate proposals in that respect.


Article III 

(1) The state institutions operating at the date of coming into effect of this Constitution remain in operation until the establishment of new institutions.

(2) The Parliament, composed of 104 mem­bers elected by a freely expressed, universal, equal, direct and secret ballot under the con­ditions of political and party pluralism, in ac­cordance with the Law of 14 October 1993 on the Parliament election, shall remain in opera­tion until the expiry of the mandate, except for the cases provided for by this Constitution.

(3) The President of the Republic of Moldova, elected for a 5-year term of office, by a freely expressed, universal, equal, direct and secret ballot under the conditions of political and party pluralism, pursuant to the Law of 18 September 1991 on the elections of the President of the Republic of Moldova, shall remain in office until the expiry of the mandate, except for the cases provided for by this Constitution.

(4) The Government vested by the Parlia­ment shall fulfil its powers until the expiry of the mandate, except for the cases provided for by this Constitution.

(5) Local authorities of state power and state administration shall fulfil their prerogatives until the expiry of their mandate, except for the cases provided for by this Constitution.

(6) Judges who at the date of coming into effect of this Constitution have a length of ser­vice of at least 5 years in the courts of law, shall be covered by the principle of immovability, pursuant to the Article 116 para. (1), by the decree of the President of the Republic of Mol­dova, upon the proposal of the Minister of Jus­tice and the President of the Supreme Court of Justice.

 (7) Within 2 years from the date of coming into effect of this Constitution, the system of the courts of law shall be reorganised, accord­ing to the law, in compliance with Article 115.


Article IV

The provisions enshrined in Article 25 para. (4) related to the term of detention in custo­dy should not affect, until 1 January 1995, the persons who have committed serious offences as foreseen by Article 71 of the Criminal Code*

* Approved by the Law of 24 March 1961.


Article V 

(1) Within 6 months following the date of coming into effect of the present Constitution, there shall be set up the Constitutional Court and the Court of Audit.

(2) Judges of the first composition of the Constitutional Court shall be appointed to office, on behalf of the Superior Council of Magistrates, by the General Assembly of the People’s Judges and the members of the Supreme Court of Justice.

 

Article VI 

Until the establishment of the Constitutional Court all the cases stipulated by Article 135 of the present Constitution may be solved by the Supreme Court of Justice, upon the initiative brought forward by the Parliament.


Article VII

(1) The law of 1 September 1989 on the use of the languages spoken throughout the terri­tory of the Republic of Moldova shall remain in force to the extent that it does not conflict with the present Constitution.

(2) The aforesaid law may be amended by a vote of at least two thirds of the Members of Parliament within 7 years following the date of coming into effect of this Constitution.


Article VIII 

Title VII, Final and Transitory Provisions shall be considered a constitutive part of the present Constitution and shall regulate issues dealing with its coming into effect.