Motives for writing constitution, Source of constitutional authority, Preamble
WE, the plenipotentiary representatives of the people of the Republic of Moldova, members of the Parliament,
STARTING from the age-old aspirations of our people to live in a sovereign country, expressed by the proclamation of independence of the Republic of Moldova,
TAKING DUE ACCOUNT to the continuity of the Moldavian people statehood within the historical and ethnic framework of its growing as a nation,
STRIVING to satisfy the interests of citizens of a different ethnic origin, which together with the Moldavians, constitute the Republic of Moldova people,
Human dignity, Right to development of personality
CONSIDERING the rule of law, civic peace, democracy, human dignity, fundamental human rights and freedoms, the free development of human personality, justice and political pluralism as supreme values,
BEING AWARE of our responsibility and obligations towards the previous, present and future generations,
Customary international law, International law
REASSERTING our devotion to overall human values and desire to live in peace and harmony with all world-wide peoples, in compliance with the unanimously acknowledged principles and norms of the international law,
We herewith adopt the Constitution of the Republic of Moldova, and declare it as the SUPREME LAW OF OUR SOCIETY AND STATE.
TITLE I. GENERAL PRINCIPLES
Type of government envisioned
Article 1. State of the Republic of Moldova
- The Republic of Moldova is a sovereign, independent, unitary and indivisible state.
- The form of government of the State is the republic.
Right to development of personality, Human dignity
The Republic of Moldova is a democratic and governed by the rule of law State, in which human dignity, his/her rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values and shall be guaranteed.
Article 2. Sovereignty and State power
- National sovereignty resides with the people of the Republic of Moldova, who shall directly and through its representative bodies exercise it in the manners provided for by the Constitution.
- Neither an individual person or a group of people, nor a social group, a political party or any other public organization may exercise the State power on their own behalf. The usurpation of the State power shall constitute the gravest crime against the people.
Article 3. Territory
- The territory of the Republic of Moldova is inalienable.
Customary international law, International law
The borders of the country shall be sanctioned by an organic law under the observance of unanimously recognized principles and norms of the international law.
Article 4. Human rights and freedoms
International human rights treaties
Constitutional provisions on human rights and freedoms shall be interpreted and enforced in accordance with the Universal Declaration of Human Rights, other conventions and treaties to which the Republic of Moldova is a party.
Legal status of treaties
Wherever disagreements appear between the conventions and treaties on fundamental human rights to which the Republic of Moldova is a party and its domestic laws, priority shall be given to international regulations.
Article 5. Democracy and political pluralism
- Democracy in the Republic of Moldova shall be exercised under the conditions of political pluralism, which is incompatible with the dictatorship or totalitarianism.
- No ideology may be instituted as official ideology of the State.
Article 6. Separation and cooperation of powers
In the Republic of Moldova the legislature, the executive and the judiciary shall be separate and cooperate in the exercise of the assigned prerogatives pursuant to the provisions of the Constitution.
Article 7. Constitution - the Supreme Law
The Constitution of the Republic of Moldova shall be the Supreme Law of the State. No law or any other legal act, which contravenes the provisions of the Constitution, shall have legal force.
Article 8. Observance of the international law and international treaties
International human rights treaties, Customary international law, International organizations
The Republic of Moldova pledges to observe the Charter of the United Nations Organization and the treaties to which it is a party, to institute relationships with other states on the basis of unanimously recognized principles and norms of the international law.
Legal status of treaties
The coming into force of an international treaty containing provisions contrary to the Constitution shall be preceded by a revision of the latter.
Article 9. Fundamental principles regarding property
- Property shall be public and private. It shall be constituted of material and intellectual goods.
No property may be used to the prejudice of human rights, liberties and dignity.
Right to competitive marketplace, Right to establish a business
The market, free economic initiative and fair competition shall represent the main elements of the economy.
Article 10. Unity of the people and the right to national identity
- The State foundation is laid on the unity of the Republic of Moldova people. The Republic of Moldova is the common and indivisible motherland of all its citizens.
Right to culture
The State shall recognize and guarantee the right of all citizens to the preservation, development and expression of their ethnic, cultural, linguistic and religious identity.
Article 11. Republic of Moldova - a neutral State
- The Republic of Moldova proclaims its permanent neutrality.
- The Republic of Moldova shall not allow the dispersal of foreign military troops on its territory.
National anthem, National flag
Article 12. Symbols of the State
- The Republic of Moldova has a flag, coat of arms and anthem.
- The State flag of the Republic of Moldova shall be a tricolour. The colours are arranged vertically in the following order from the flagpole: blue, yellow, and red. The coat of arms is printed on the central yellow stripe of the tricolour.
- The State coat of arms shall consist of a shield divided horizontally into two parts: the upper part being of a red chromatics and the lower part - blue chromatics with a superimposed auroch's head showing between its horns an eight-pointed star. On its right the auroch's head is flanked by a five-petalled rose, and on its left by a slightly rotated crescent. All heraldic elements present on the shield are of golden (yellow) colour. The shield is laid on the breast of a natural eagle holding in its beak a golden cross, in its right claw a green olive-tree branch and in its left claw a golden sceptre.
- The State anthem of the Republic of Moldova shall be established by organic law.
- The flag, coat of arms and anthem shall be considered the State symbols of the Republic of Moldova and shall be protected by law as such.
Article 13. State language, use of other languages
Official or national languages
The State language in the Republic of Moldova is the Moldavian language, and its writing is based on the Latin alphabet
Protection of language use
The State shall acknowledge and protect the right to the preservation, development and use of the Russian language and other languages spoken within the territory of the State.
- The State shall facilitate the study of languages of widespread international usage.
- The manner of functioning of languages within the territory of the Republic of Moldova shall be established by organic law.
Article 14. Capital
The capital of the Republic of Moldova is the city of Chisinau.
TITLE III. PUBLIC AUTHORITIES
CHAPTER IV. PARLIAMENT
SECTION I. Organisation and functioning
Article 60. Parliament - the supreme representative and legislative authority
Structure of legislative chamber(s)
Parliament shall be the supreme representative body of the people and the sole legislative authority of the State in the Republic of Moldova.
Size of first chamber
Parliament shall consist of 101 members.
First chamber selection
Article 61. Election of the Parliament
Secret ballot, Claim of universal suffrage
The members of Parliament shall be elected by universal, equal, direct, secret and freely expressed suffrage.
- The manner of organization and unfolding of elections shall be established by organic law.
Scheduling of elections
The election of the Parliament members shall be held not later than 3 months following the mandate expiration or the dissolution of the previous Parliament.
Constitutional court powers, Electoral commission
Article 62. Validation of mandate of the Parliament member
Upon the proposal submitted by the Central Electoral Commission, the Constitutional Court shall rule on the validation or invalidation of the mandate of Parliament member, whenever electoral legislation has been transgressed.
Article 63. Term of office
Emergency provisions, Term length for first chamber
The Parliament shall be elected for a 4-year term of office, which may be extended by an organic law, in the event of war or national calamity.
- Parliament shall be convened in session upon the summons of the President of the Republic of Moldova within 30 days at the most from the election date.
- The mandate of the Parliament shall be prolonged until the legal assembly of the newly elected structure. During this period no amendment may be brought to the Constitution, and no organic law may be adopted, amended or abrogated.
- The draft laws or legislative initiatives inserted in the agenda of the previous Parliament shall be dealt upon by the new structure of the Parliament.
Article 64. Internal organisation
- The structure, organization and functioning of the Parliament shall be laid down in its internal regulations. The financial resources of the Parliament shall be foreseen in the budget endorsed by the latter.
Leader of first chamber
The Speaker of the Parliament shall be elected by secret ballot based on the majority vote of members elected for the tenure of the Parliament mandate. The Speaker may be revoked any time by secret vote by the Parliament based on a majority vote of at least two-thirds of all its members.
- Deputy Speakers shall be elected upon the proposal of the Speaker of the Parliament following the consultations of the parliamentary fractions.
Public or private sessions
Article 65. Open nature of the sessions
- The sessions of the Parliament shall be held in public.
- The Parliament may decide that certain sessions are to be held in camera.
Article 66. Basic powers
The Parliament shall be vested the following basic powers:
- to pass laws, decisions and motions;
to declare the conduct of referenda;
- to provide legislative interpretations and to ensure the unity of the legislative regulations throughout the country;
- to approve the main directions of the internal and external policy of the State;
- to approve the state military doctrine;
- to exercise parliamentary control over the executive power in the manners and within the limits provided for by the Constitution;
International law, Treaty ratification
to ratify, terminate, suspend and repeal the action of the international treaties concluded by the Republic of Moldova;
- to approve the State budget and to exercise the control over it;
- to exercise the supervision over the allocation of the State loans, economic aid or any other such matters granted to foreign countries, the conclusion of agreements concerning the State loans and credits obtained from foreign sources;
- to elect and nominate State officials as foreseen by law;
- to approve the orders and medals of the Republic of Moldova;
Designation of commander in chief
to declare partial or general mobilization of the armed forces;
Power to declare/approve war, Emergency provisions
to declare the state of national emergency, martial law, and war;
Legislative oversight of the executive
to initiate investigations and hearings concerning any matters touching upon the interests of society;
- to suspend the activity of the bodies of local public administration under the law;
- to pass acts on amnesty;
- to carry out other powers as provided for by the Constitution and laws.
Article 67. Parliament sessions
Length of legislative sessions
Parliament shall be called in two ordinary sessions per year. The first session shall start in February and may not go beyond the end of July. The second session shall start in September and may not go beyond the end of December.
Extraordinary legislative sessions
Parliament may also meet in extraordinary or special sessions, upon the request of the President of the Republic of Moldova, the Speaker of Parliament or a third of its members.
SECTION II. Status of the Parliament members
Article 68. Representative mandate
- In the exercise of their mandate, the Parliament members shall be in the service of the people.
- Any imperative mandate shall be deemed null and void.
Article 69. Mandate of the Parliament members
- The members of Parliament shall enter upon the exercise of their mandate under the condition of prior validation.
- The office of the Parliament member shall cease at the date of legal assembly of the newly elected Parliament, on his/her resignation, mandate withdrawal, incompatibility or demise.
Article 70. Incompatibilities and immunities
Reference to science, Outside professions of legislators
The office of the Parliament member shall be incompatible with the holding of any other remunerated position, except for didactic and scientific activities.
- Other possible incompatibilities shall be established by organic law.
Immunity of legislators
The Parliament member may not be apprehended, arrested, searched or sued at law, except for the cases of flagrant misdemeanour, without the prior consent of the Parliament and after hearing of the member in question.
Immunity of legislators
Article 71. Independence of opinion
The Parliament members may not be prosecuted or held legally responsible for their votes or opinions expressed in the exercise of their mandate.
SECTION III. Legislation
Article 72. Categories of laws
- Parliament shall be endowed to pass constitutional, organic and ordinary laws.
- Constitutional laws are aimed at revising the Constitution.
- The organic law shall govern:
- the electoral system;
- the organization and carrying out of referenda;
- the organization and functioning of Parliament;
- the organization and functioning of Government;
Establishment of administrative courts
the organization and functioning of the Constitutional Court, the Superior Council of Magistrates, the judiciary and courts of administrative judicature;
- the organization of local administration and territory, as well as the general regime on local autonomy;
- the organization and functioning of political parties;
- the manner of establishing of the exclusive economic zone;
- the general legal system on private property and inheritance;
- the general system on labour relationships, trades-unions and social protection;
- the general organization of the education system;
- the general system on religious worships;
- the state of national emergency, martial law and war;
- the criminal offences, punishments and the manners of their execution,
- the granting of amnesty and pardon;
- other fields for which, pursuant to the Constitution, it is stipulated the adoption of organic laws;
- other fields for which the Parliament recommends the passing of organic laws.
- The ordinary laws shall intervene in any field of social relationships, except for the spheres regulated by constitutional and organic laws.
Subsidiary unit government, Initiation of general legislation
Article 73. Legislative initiative
The right to legislative initiate shall belong to the members of Parliament, the President of the Republic of Moldova, the Government and the People's Assembly of the autonomous territorial-unit of Gagauzia.
Article 74. Passing of laws and decisions
Organic laws shall be passed with the majority vote of the elected members of Parliament, after at least two hearings.
- Ordinary laws and decisions shall be passed with the majority vote of the present Parliament members.
- The draft laws submitted by the Government, as well as the legislative initiatives brought forward by the Parliament members accepted by the latter, shall be examined by the Parliament in the manner and following the priorities fixed by the Government, including within the emergency procedure. Other legislative initiatives shall be considered in the established manner.
- The laws shall be submitted to the President of the Republic of Moldova for promulgation.
Article 75. Referendum
- Problems of utmost importance confronting the Moldavian society and State shall be resolved by referendum.
- The decisions adopted according to the results of the republican referendum shall have supreme legal power.
Article 76. Coming into force of the law
Laws shall be published in the "Monitorul Oficial" of the Republic of Moldova and shall come into force either at the date of their publication or the date specified in their wording. Unless published, the law is deemed nonexistent.
CHAPTER V. THE PRESIDENT OF THE REPUBLIC OF MOLDOVA
Article 77. President of the Republic of Moldova - Head of the State
Name/structure of executive(s)
The President of the Republic of Moldova shall be the head of the State.
- The President of the Republic of Moldova shall represent the State and shall be the guarantor of the national sovereignty and independence, as well as of the territorial unity and integrity of the State.
Head of state selection
Article 78. Election of the President
Claim of universal suffrage, Secret ballot
The President of the Republic of Moldova is elected by freely-expressed, universal, equal, direct, and secret suffrage.
Minimum age of head of state, Eligibility for head of state
Any citizen of the Republic of Moldova with the right to vote and over 40 years of age who has been living and has the permanent residence on the territory of the Republic of Moldova for no less than 10 years and speaks the official language may run for the office of President of the Republic of Moldova.
- The candidate obtaining at least half the votes cast in the presidential election shall be proclaimed as the new President.
- If after the first ballot no candidate will have obtained the above-mentioned majority of votes, a second ballot shall be held to choose from the first-placed two candidates, in the order of the number of votes cast for them in the first ballot. On condition that the number of the votes cast for him be bigger than the number of the votes cast against him, the candidate obtaining most of the votes cast in the second ballot shall be proclaimed as the new President.
- The procedure for the election of the President of the Republic of Moldova shall be provided for by organic law.
Oaths to abide by constitution
Article 79. Mandate validation and taking the oath
- The Constitutional Court shall validate the result of election for the office of the President of the Republic of Moldova.
- Within 45 days at the most following the election, the successful candidate whose election has been validated shall take the following oath before the Parliament and the Constitutional Court:
"I solemnly swear to devote all my personal strength and abilities to the prosperity of the Republic of Moldova, to abide by the Constitution and the laws of the country, to defend democracy, fundamental human rights and freedoms, the sovereignty, independence, unity and territorial integrity of Moldova"
Article 80. Term of office
Head of state term length
The mandate of the President of the Republic of Moldova shall have a 4-year tenure and shall start on the oath- taking day.
- The acting President of the Republic of Moldova shall exercise his/her mandate until the newly elected President is sworn in.
The mandate of the President of the Republic of Moldova may be prolonged in the event of war or calamity by organic law.
Head of state term limits
No person may discharge the duties of the President of the Republic of Moldova unless for 2 consecutive mandates at the most.
Article 81. Incompatibilities and immunities
- The office of the President of the Republic of Moldova shall be incompatible with the holding of any other remunerated position.
Head of state immunity
The President of the Republic of Moldova shall enjoy immunity. He shall not be held legally liable for the opinions expressed in the exercise of his/her mandate.
Supreme court powers, Head of state removal
Based on the majority of at least two-thirds of the vote's cast of its members, the Parliament may decide to indict the President of the Republic of Moldova, in the event the latter commits an offence. The Supreme Court of Justice shall be ascribed the power of prosecution under the law. The President shall be legally removed from office at the date of ultimate delivery of the court sentencing.
Article 84. Messages
- The President of the Republic of Moldova may attend the Parliament working sessions.
- The President of the Republic of Moldova shall address the Parliament messages related to the main issues of national interest.
Dismissal of the legislature
Article 85. Dissolution of Parliament
- In the event of the impossibility to form the Government or of blocking up the procedure of adopting the laws within 3 months, the President of the Republic of Moldova, following the consultations of the parliamentary fractions, may dissolve the Parliament.
- The Parliament may be dissolved, if it has not passed the vote of confidence for setting up of the new Government within the term of 45 days from the first presidential request and only after the decline of at least two requests of investiture.
- The Parliament may be dissolved only once in the course of a year.
The Parliament may not be dissolved within the last 6 months of the term of office of the President of the Republic of Moldova nor during a state of emergency, martial law or war.
Foreign affairs representative
Article 86. Powers in the field of external policy
Treaty ratification, International law
The President of the Republic of Moldova shall be empowered to hold official negotiations, to conclude international treaties on behalf of the Republic of Moldova and to submit them, in the established under the law manner and term, to the Parliament for ratification.
- Upon proposal of the Government, the President of the Republic of Moldova shall accredit and recall the Republic of Moldova's diplomatic representatives, as well as it shall approve the setting up, cancellation or changing of the diplomatic missions' ranking.
- The President of the Republic of Moldova shall receive the letters of accreditation and of recall of foreign diplomatic envoys in the Republic of Moldova.
Designation of commander in chief
Article 87. Powers in the field of national defence
- The President of the Republic of Moldova shall be the Commander-in-Chief of the armed forces.
- Upon prior approval of the Parliament, the President of the Republic of Moldova shall declare partial or general mobilization of the armed forces.
Power to declare/approve war
In the event of the armed aggression against the country, the President of the Republic of Moldova shall undertake the necessary steps to repulse the aggression, as well as he shall declare a state of war and acknowledge the Parliament without delay about this state of affairs. Whether the Parliament is not in session, it shall be legally convened within 24 hours from the aggression unleash.
- The President of the Republic of Moldova may take other due measures as to ensure the national security and public order under the scope and terms of the law.
Head of state powers
Article 88. Other powers
The President of the Republic of Moldova shall also fulfil the following duties:
- to award medals and titles of honour,
- to award supreme military ranks as provided for by the law;
- to settle the issues on the citizenship of the Republic of Moldova and to grant political asylum;
- to appoint public officers under the law;
Power to pardon
to grant individual pardon;
to request the citizens of the Republic of Moldova to express their will by way of referendum on matters of national interest;
- to award diplomatic ranks;
- to confer superior degrees of qualification to officers holding positions with the prosecuting bodies, courts of law and to other categories of civil servants, under the law;
- to repeal the acts of the Government which run contrary to the legislation until the delivery of the final judgment of the Constitutional Court;
- to exercise other powers as foreseen by the law.
Head of state removal
Article 89. Suspension from office
- In the event the President of the Republic of Moldova commits certain deeds infringing upon the constitutional provisions, he/she shall be dismissed from office by the Parliament based on a majority vote of two-thirds of its members.
- The motion soliciting the dismissal from office shall be launched by at least one-third of the members and shall be brought to the knowledge of the President without delay. The President may give explanations on the charged deeds before the Parliament and the Constitutional Court.
If the motion requesting suspension from office meets with approval, a national referendum shall be organized within 30 days to remove the President from office.
Article 90. Vacancy of the office
- The vacancy of office of the President of the Republic of Moldova shall be declared as consequence of expiry of the mandate, resignation, removal from office, definite impossibility of executing his/her functional duties or death.
- The request for resignation of the President of the Republic of Moldova is brought before the Parliament, which shall express its opinion over it.
- The impossibility of the President of the Republic of Moldova to exercise his/her duties for more than 60 days shall be confirmed by the Constitutional Court within 30 days from the date of the submission of application.
Head of state replacement
Within 2 months following the date of vacancy of office of the President of the Republic of Moldova, new presidential elections shall be conducted, according to the law.
Article 91. Interim office
In the event the office of the President of the Republic of Moldova becomes vacant or the President has been dismissed, or finds himself/herself in temporary impossibility to discharge his/her duties, the interim office shall be devolved on the Parliament Speaker or the Prime Minister in the order of priority.
Article 92. Responsibility of the interim President
Should the person acting as interim President of the Republic of Moldova commit grave offences infringing upon the constitutional provisions, Article 89 paragraph (1) and Article 91 shall be applied.
Approval or veto of general legislation
Article 93. Promulgation of laws
- The President of the Republic of Moldova shall promulgate the laws.
Veto override procedure
The President of the Republic of Moldova shall be entitled, whenever he has certain objections regarding a law, to submit it within two weeks at the most to the Parliament for reconsideration. In the event the Parliament abides by its previously passed decision, the President shall promulgate the law.
Head of state decree power
Article 94. Presidential acts
- In the exercise of his/her powers, the President of the Republic of Moldova shall issue decrees whose enforcement is mandatory throughout the entire territory of the State. The decrees shall be published in the "Monitorul Oficial" of the Republic of Moldova.
- The decrees issued by the President in the exercise of his/her powers laid down in Article 86 paragraph (2) and Article 87 paragraph (2), (3) and (4) shall be countersigned by the Prime-Minister.
Article 95. Financial resources of the President apparatus, indemnity and other rights
- Financial resources of the President apparatus shall be submitted to Parliament for approval and shall be included in the state budget.
- The indemnity and other rights ascribed to the President shall be established under the law.
Establishment of cabinet/ministers
CHAPTER VI. GOVERNMENT
Article 96. Role
- The Government shall ensure the carrying out of the state internal and external policy and shall exercise the general leadership of the public administration.
- In the exercise of its prerogatives, the Government shall be guided by its programme of activity endorsed by the Parliament.
Deputy executive, Name/structure of executive(s)
Article 97. Structure
The Government shall consist of a Prime Minister, a First Deputy Minister, Deputy Ministers, Ministers and other members established by organic law.
Head of government selection
Article 98. Investiture
- The President of the Republic of Moldova shall designate a candidate for the office of Prime Minister after hearing of the parliamentary fractions.
Cabinet selection, Deputy executive
The candidate for the office of Prime Minister shall request, within 15 days following the designation, the vote of confidence of the Parliament over the programme of activity and the entire list of the Government members.
Deputy executive, Cabinet selection
The Parliament shall debate in session upon both the programme of activity and the list of Government members and shall grant confidence to the Government with the vote of majority of the elected Parliament members.
Cabinet selection, Deputy executive
On the basis of the vote of confidence granted by the Parliament, the President of the Republic of Moldova shall appoint the Government.
- The Government shall enter into the exercise of its powers on the very day of taking the oath by its members before the President Republic of Moldova.
In the event of the governmental reshuffle or the vacancy of office, the President of the Republic of Moldova shall revoke and appoint, upon the proposal of the Prime Minister, some Government members.
Article 99. Incompatibilities
Eligibility for cabinet, Head of government's role in the legislature
The office of the Government member shall be incompatible with the holding of any other remunerated position.
- Other incompatibilities shall be specified by organic law.
Head of government removal, Cabinet removal
Article 100. Termination of office of the Government member
The office of the Government member shall cease in case of resignation, revocation, incompatibility or demise.
Article 101. Prime Minister
Head of government powers
The Prime Minister shall exercise the leadership of the Government and shall coordinate the activity of its members, abiding by the powers delegated to them.
Head of government replacement
In case of impossibility of the Prime Minister to discharge his/her functional duties or in case of his/her demise, the President of the Republic of Moldova shall designate another Government member to fulfil the interim office of Prime Minister until the formation of the new Government. The interim office, during the period of impossibility to perform the functional duties, shall cease whether the Prime Minister resumes his/her activity within the Government.
In the event of the Prime Minister resignation, the whole Cabinet shall leave the office.
Head of government decree power
Article 102. Acts of the Government
- The Government shall adopt decisions, ordinances and regulations.
- The decisions shall be adopted for laws enforcement.
- The ordinances shall be issued under the terms of Article 106.
- The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers bearing the responsibility to put them into effect and shall be published in "Monitorul Oficial" of the Republic of Moldova. Non-publication entails the null and void character of the decision and ordinance.
- The regulations shall be issued by the Prime Minister for the organisation of the internal activity of the Government.
Article 103. Termination of mandate
- The Government shall exercise its mandate up to the date of validation of the new parliamentary elections.
- The Government, in case of expression by the Parliament of the vote of no confidence, the Prime Minister resignation or pursuant to the terms under paragraph (1), shall perform only the functions of administration of public affairs, until the taking the oath of a new Government.
CHAPTER VII. RELATIONSHIPS BETWEEN THE PARLIAMENT AND GOVERNMENT
Legislative oversight of the executive
Article 104. Informing of the Parliament
The Government shall be responsible before the Parliament, its committees and individual members in providing them the solicited information and documents.
- The Government members shall have access to the Parliament sessions. Their attendance shall be mandatory if so requested.
Legislative oversight of the executive
Article 105. Questions and interpellations
- The Government as a whole and each of its members shall be bound to reply to the questions or interpellations raised by the Parliament members.
- Parliament may pass a motion to formulate its standpoint as regarding the issue of interpellation.
Head of government removal, Cabinet removal
Article 106. Vote of no confidence
- The Parliament, upon proposal of at least a quarter of its members, may carry on a motion of no confidence to the Government, based on the majority vote of the Parliament members.
- The initiative to express a vote of no confidence shall be examined within 3 days from the date of its submission to Parliament.
Article 106a. Assumption of responsibility by the Government
- The Government may assume responsibility before the Parliament upon a programme of activity, a general policy statement, or a draft law.
Head of government removal, Cabinet removal
The Government shall be dismissed if a motion of censure, tabled within 3 days following the date of submission of the programme, general policy statement, or the draft law, has been passed in terms under Article 106.
- In the event, the Government has not been dismissed pursuant to paragraph (2), the lodged draft law shall be considered adopted, and the programme or the general policy statement shall become mandatory upon the Government.
Head of government decree power
Article 106b. Legislative delegation
- With the view of bringing into operation of the Government programme of activity, the Parliament may pass, upon the latter's proposal, a special law enabling the Government to issue ordinances in the fields which do not fall within the scope of organic laws.
- The enabling law shall compulsorily establish the field and the date up to which ordinances can be issued.
- Ordinances shall enter into force at the date of their publication, without being promulgated.
- If the enabling law so request, ordinances shall be submitted to Parliament for approval. The draft law on the ordinances approval shall be presented within the term established by the enabling law. Non-compliance with the term entails the discontinuation of the ordinance's effects. If the Parliament does not decline the draft law on the approval of ordinances, the latter shall remain in force.
- Following the expiration term established for the ordinances' issue, the latter may be abrogated, disclaimed or amended only by law.
CHAPTER VIII. PUBLIC ADMINISTRATION
Article 107. Specialized central public administration
- Ministries shall constitute specialized central bodies of the State. They shall bring into practice the Government policy, its decisions and orders, under the law, as well as shall supervise over the entrusted fields and shall be held responsible for the performed activities.
- Other administrative authorities shall be set up, under the law, in order to manage, coordinate and exercise the control over the national economy and other fields, which do not directly fall within the competence of the ministries.
Article 108. Armed forces
- The armed forces shall be exclusively subordinated to the will of people as to safeguard the sovereignty, independence, unity and territorial integrity of the country and constitutional democracy.
- The structure of the national system of defence shall be laid down by organic law.
Article 109. Basic principles of local public administration
- Public administration within the administrative-territorial units shall be based on the principles of local autonomy, decentralization of public services, eligibility of the local public administration authorities and consultation of citizens on local problems of special interest.
- The concept of autonomy shall encompass both the organization and functioning of the local public administration, as well as the management of the communities represented by that administration.
- The enforcement of the aforesaid principles may not alter the unitary character of the State.
Subsidiary unit government, Municipal government
Article 110. Administrative-territorial organization
- The territory of the Republic of Moldova shall be divided, as regarding the administrative organisations, into villages, towns, districts and the autonomous territorial-unit of Gagauzia. Certain towns may be declared municipalities under the law.
- Places on the left bank of the Dniester river may be assigned special forms and conditions of autonomy according to the special statutory provisions adopted by organic law.
- The status of the capital of the Republic of Moldova - the city of Chisinau shall be regulated by organic law.
Subsidiary unit government
Article 111. Autonomous territorial - unit of Gagauzia
- Gagauzia is an autonomous territorial-unit having a special statute and representing a form of self-determination of the Gagauzian people, shall constitute an integrant and inalienable part of the Republic of Moldova and shall independently solve, within the limits of its competence, pursuant to the provisions of the Republic of Moldova Constitution, in the interest of the whole of society, the political, economic and cultural issues.
- On the territory of the autonomous territorial-unit of Gagauzia all the rights and liberties foreseen by the Constitution and the legislation of the Republic of Moldova shall be guaranteed.
- Within the autonomous territorial-unit of Gagauzia shall operate representative and executive bodies according to the law.
Ownership of natural resources
The soil, subsoil, waters, flora and fauna, as well as other natural resources on the territory of the autonomous territorial-unit of Gagauzia shall belong to the people of the Republic of Moldova and shall simultaneously constitute the economic basis of Gagauzia.
- The budget of the autonomous territorial-unit of Gagauzia shall be formed in conformity with the terms established by the law, which governs the special statute of Gagauzia.
- The control over the observance of the Republic of Moldova legislation within the autonomous territorial-unit of Gagauzia shall be performed by the Government under the terms of the law.
Organic laws that govern the special statute of the autonomous territorial-unit of Gagauzia may be amended based on the vote of three fifths of the elected Parliament members.
Article 112. Village and town authorities
- The public administration authorities, by which local autonomy is exercised in villages and towns, shall be represented by local elected councils and mayors.
- The local councils and mayors shall operate, under the law, as autonomous administrative authorities and shall be assigned the task of solving public affairs in villages and towns.
- The manner of electing the local councils and mayors, as well as their powers and ambit of competence shall be established by law.
Subsidiary unit government
Article 113. District council
- The district council shall coordinate the activity of village and town councils with the view of bringing into effect of public services at district level.
- The district council shall be elected and operate under the law.
- The relationships between the local public authorities shall be based on the principles of autonomy, legality and cooperation in solving common issues.
CHAPTER IX. JUDICIARY
SECTION I. Courts of law
Article 114. Carrying out of justice
Justice shall be carried out in the name of law only by the courts of law.
Article 115. Courts of law
Right to appeal judicial decisions, Structure of the courts
Justice shall be carried out by the Supreme Court of Justice, courts of appeal and courts of law.
- For certain categories of cases special law courts may operate under the law.
- The foundation of extraordinary courts shall be forbidden.
- The structure of the law courts, their ambit of competence and legal proceedings shall be laid down by organic law.
Article 116. Status of judges
Judges sitting in the courts of law shall be independent, impartial and irremovable under the law.
Ordinary court selection, Ordinary court term limits, Mandatory retirement age for judges, Ordinary court term length, Establishment of judicial council
Judges sitting in the courts of law shall be appointed, under the law, by the President of the Republic of Moldova upon proposal submitted by the Superior Council of Magistrates. Judges who successfully passed the contest shall be firstly appointed for a 5-year term of office. After the expiration of the 5-year term of office, the judges shall be appointed to this position until reaching the age limit fixed under the law.
Establishment of judicial council, Eligibility for supreme court judges, Supreme court selection
The Presidents, Vice-Presidents and judges of the Supreme Court of Justice shall be appointed by Parliament following a proposal submitted by the Superior Council of Magistrates. They must have a working tenure as judge of at least 10 years.
Eligibility for supreme court judges, Supreme court selection
The presidents, deputy presidents and judges of the Supreme Court of Justice are appointed by Parliament following a proposal submitted by the Superior Council of Magistrates. They must have a working tenure as judge of at least 10 years.
- Judges shall be promoted and transferred only at their own consent.
- Sanctioning of the judges shall be carried out pursuant to the law.
Reference to science
The office of judge shall be incompatible with the exercise of any other public or private remunerated position, except for the didactic and scientific activity.
Right to public trial
Article 117. Public character of legal proceedings
Legal hearings in all courts of law shall be held in public. There shall be allowed the conduct of lawsuits in camera only in certain cases as provided for by law and in compliance with the rules of procedure.
Article 118. Language used in legal proceedings and the right to have an interpreter
- Legal proceedings shall be held in the Moldavian language.
Trial in native language of accused
The persons who cannot understand and speak Moldavian shall be entitled to take cognisance of all documents and items of the case-file and to speak during the trial through an interpreter.
- Legal proceedings may also be conducted, under the law, in a language acceptable by the majority of persons attending the trial.
Right to appeal judicial decisions
Article 119. Ways of appeal
The parties involved in a trial and the competent state bodies may lodge appeals against the sentences delivered by the law courts under the terms of law.
Article 120. Mandatory character of sentences and other final rulings
The observance of sentences and other final rulings handed down by the law courts, as well as the cooperation requested by the latter during the trial, and the execution of sentences and other final rulings shall be binding.
Article 121. Budget of the courts of law, indemnity and other rights
- The budget of the courts of law shall be approved by the Parliament and included in the state budget.
- The indemnities and other rights of the judges shall be established by law.
- The courts of law shall have at their disposal the police forces.
Establishment of judicial council
SECTION II. Superior Council of Magistrates
Article 122. Composition
- The Superior Council of Magistrates shall consist of judges and university lecturers elected for tenure of 4 years.
- The President of the Supreme Court of Justice, the Minister of Justice and the Prosecutor General shall de jure belong to the Superior Council of Magistrates.
Article 123. Powers
- The Superior Council of Magistrates shall ensure the appointment, transfer, removal from office, upgrading and imposing of the disciplinary sentences against judges.
- The manner of organisation and functioning of the Superior Council of Magistrates shall be laid down by organic law.
SECTION III. Public Prosecution
Article 124. Powers and structure
- The prosecution system shall represent the general interests of the society, defend the rule of law and the citizens' rights and liberties, it shall also supervise and exercise, under the law, the criminal prosecution and bring the accusation in the courts of law.
- The public prosecution system shall include the General Prosecutor's Office, the territorial and specialised prosecution offices.
- The structure, ambit of competence and the manner of operation of the prosecution offices shall be provided for by law.
Article 125. Mandate of public prosecutors
- The Prosecutor General shall be appointed by the Parliament following the proposal submitted by its Speaker.
- The subordinated public prosecutors shall be designated by the Prosecutor General.
- The prosecutors' term of office shall be of 5 years.
- The office of public prosecutor shall be incompatible with any other public or private remunerated position, except for didactic and scientific activity.
- In the exercise of their mandate, the prosecutors shall abide only by the law.
Establishment of constitutional court
TITLE V. CONSTITUTIONAL COURT
Article 134. Statute
- Constitutional Court shall be the sole body of constitutional jurisdiction in the Republic of Moldova.
- Constitutional Court shall be independent of any other public authority and shall obey only the Constitution.
- Constitutional Court shall guarantee the supremacy of the Constitution, shall ascertain the enforcement of the principle of separation of the State power into the legislature, executive and judiciary, and it shall guarantee the responsibility of the State towards the citizen and of the citizen towards the State.
Article 135. Powers
Constitutional court powers, Constitutional interpretation
The Constitutional Court shall:
Legal status of treaties
exercise, upon appeal, the constitutionality review over laws and decisions of the Parliament, Presidential decrees, decisions and ordinances of the Government, as well as the international treaties to which the Republic of Moldova is a party;
- give the interpretation of the Constitution;
Constitution amendment procedure
formulate its position on initiatives aimed at revising the Constitution;
confirm the results of republican referenda;
- confirm the results of parliamentary and presidential elections in the Republic of Moldova;
- ascertain the circumstances justifying the dissolution of the Parliament, the suspension from office 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;
Constitutionality of legislation
solve the pleas of unconstitutionality of legal acts, as claimed by the Supreme Court of Justice;
Regulation of political parties
decide over matters dealing with the constitutionality of a party.
- The Constitutional Court shall carry out its activity on the initiative brought forward by the subjects provided for by the Law on the Constitutional Court.
Article 136. Structure
Constitutional court term length
The Constitutional Court shall consist of 6 judges appointed for a 6-year term of office.
Constitutional court selection, Establishment of judicial council
Two judges shall be appointed by the Parliament, two - by the Government and the remaining two - by the Superior Council of Magistrates
- The judges of the Constitutional Court shall elect its President by secret ballot.
Article 137. Independence
For the tenure of their mandate the judges of the Constitutional Court shall be irremovable, independent and shall obey only the Constitution.
Reference to science, Eligibility for const court judges
Article 138. Appointment conditions
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, didactic or scientific activity in law.
Article 139. Incompatibilities
The office of the Constitutional Court judge shall be incompatible with holding of any other remunerated public or private position, except for education and research activity.
Article 140. Judgments of the Constitutional Court
Constitutionality of legislation
Laws and other normative acts or parts thereof become null and void from the moment that the Constitutional Court passes the appropriate judgment to that effect.
- The judgments of the Constitutional Court are final and cannot be appealed against.
Constitution amendment procedure
TITLE VI. REVISION OF THE CONSTITUTION
Article 141. Initiative for revising the Constitution
- A revision of the Constitution may be initiated by:
- a number of at least 200,000 voting citizens of the Republic of Moldova. Citizens initiating the revision of the Constitution must cover at least a half of the territorial-administrative units of the second level, and in each of these units must be registered at least 20000 signatures in support of the said initiative;
- a number of at least a third of the Parliament members;
- the Government.
- Constitutional law drafts shall be submitted to Parliament only alongside with the Constitutional Court advisory opinion adopted by a vote of at least 4 judges.
Article 142. Limits of revision
The provisions regarding the sovereignty, independence and unity of the State, as well as those regarding the permanent neutrality of the State may be revised only by referendum based on a majority vote of the registered voting citizens.
No revision shall be performed, if it implies the infringement of fundamental rights and freedoms of citizens, or their guarantees.
The Constitution may not be revised under a state of national emergency, martial law or war.
Article 143. Law on the Constitutional Amendment
- Parliament shall be entitled to pass a law on the amendment of Constitution following at least 6 months from the date of the corresponding initiative launch. The law shall be adopted by a vote of two-thirds of the Parliament members.
- If, within a year from the date when the initiative on the amendment of Constitution was launched, the Parliament has not passed the appropriate constitutional law, the proposal shall be deemed null and void.