The Constitution of the Republic of Moldova
Adopted on July, 29, 1994
Monitorul Oficial al R.Moldova No 1 of 18.08.1994
Chapter IV. Parliament
Section 1. Structure and Functioning
Parliament as the Supreme Representative Body and Legislative Authority
(1) Parliament is the supreme representative body of the people and the sole legislative authority of the State in the Republic of Moldova.
(2) Parliament consists of 101 members.
(1) The members of Parliament are elected by voting based on universal, equal, direct, secret and freely expressed suffrage.
(2) The organic law shall establish the way of organizing and holding elections.
(3) The election of Parliament members will be started not later than 3 months from the end of the previous mandate or from the dissolution of the previous Parliament.
Validation of Members Mandates
On proposal submitted by the Central Electoral Board the Constitutional Court will decide upon the validation or invalidation of a Parliament member's mandate, whenever electoral legislation has been transgressed.
(1) The members of Parliament are elected for a 4-year term, which may be extended by organic law, and in the event of war or a national disaster.
(2) Parliament shall be convened in session by the President of the Republic of Moldova within at most 30 days from election day.
(3) The mandate of the current Parliament may be extended until the structure of the new Parliament has been completed and the latter can meet in full session. During this period no amendments may be brought to the Constitution, and no organic law may he adopted, changed or abrogated.
(4) The legislative projects and proposals contained in the agenda of the previous Parliament will be carried over onto the agenda of the new Parliament.
(1) The structure, organization and functioning of Parliament are established by internal regulations. The Parliament approves the national budget and, with it, its own financial resources.
(2) The President of Parliament is elected by secret ballot based on the majority of votes cast by members for a term of office equal to that of Parliament. The Parliament may revoke the President at any time by secret ballot based on a two-thirds majority of votes cast by members.
(3) On consultations with parliamentary factions the President of Parliament calls for the election of Parliament's Vice-Presidents.
Public character of settings
(1) Parliament's sessions are public.
(2) The Parliament may decide to hold certain sessions behind closed doors.
The following are Parliament's basic powers:
- To pass laws, decisions and motions;
- To declare the holding of referendums;
- To provide legislative interpretations and ensure the legislative unity of regulations throughout the country;
- To approve the main directions of the state's internal and external policy;
- To approve the state's military doctrine;
- To exercise parliamentary control over executive power in the ways and within the limits provided for by the Constitution;
- To ratify, denounce, suspend and abrogate the action of the international treaties concluded by the Republic of Moldova;
- To approve and control the national budget;
- To supervise and control the allocation of State loans, the aid of an economic or other nature granted to foreign countries, the conclusion of agreements concerning State loans or credits obtained from foreign sources;
- To elect and nominate State officials as foreseen by law;
- To approve the orders, medals and awards of the Republic of Moldova;
- To declare partial or general mobilization of the armed forces;
- To declare the states of national emergency, martial law, and war;
- To initiate investigations and hearings concerning any matters touching upon the interests of society;
- To suspend the activity of local institutions of public administration under the law;
- To pass bills of amnesty;
- To exercise other powers, as provided for by the Constitution and the Law.
(1) Parliament meets in two ordinary sessions per year. The first parliamentary session starts in February and may not go beyond the end of July. The second parliamentary session starts in September and may not go beyond the end of December.
(2) Parliament may also meet in extraordinary or special meetings at the specific request of the President of the Republic of Moldova, of the President of Parliament or of a third of the members.
Section 2. The Status of Parliament Members
(1) In the exercise of their power the members of Parliament are in the service of the people.
(2) Imperative mandates shall be null and void.
Mandate of Parliament members
(1) The members of Parliament shall enter upon the exercise of their mandate under condition of prior validation.
(2) The powers ascribed to any member of Parliament cease with the lawful assembly of the newly-elected Parliament, on resignation on the part of that member, on mandate suspension, also in cases of incompatibility or death.
Incompatibilities and Immunities
(1) The quality and rights ascribed to members of Parliament are incompatible with the holding of another remunerated position, except for didactic or scientific activity.
(2) Other possible incompatibilities shall be established by organic law.
(3) Except in cases of flagrant infringement of law members of Parliament may not be detained for questioning, put under arrest, searched or put on trial without Parliament's assent, after prior hearing of the member in question.
[Art.70 completed via the Law no.1470-XV of 21.11.02, enforced on 12.12.02]
Independence of Opinion
Members of Parliament may not be prosecuted or tried by law for their votes or opinions expressed in the exercise of their mandate.
Section 3. Legislation and Acts of Parliament
Classification of Laws
(1) Parliament is endowed with the powers to pass constitutional, organic and ordinary laws.
(2) Constitutional laws are aimed at revising the Constitution.
(3) The purpose of the organic laws is to direct and control:
(4) Basically, social relations are the province of ordinary law, excepting those for whose regulation constitutional and organic laws have been appointed.
- the working of the electoral system;
- the organization and carrying out of referendums;
- the organization and functioning of Parliament;
- the organization and functioning of Government;
- the organization and functioning of the Constitutional Court, the Higher Magistrates Council, the judiciary and courts of administrative judicature;
- the organization of local administration, of the national territory, and the general functioning of local autonomy;
- the organization and functioning of political parties;
- the manner of selecting exclusive economic zones;
- the legal status of private property and inheritance;
- the general implementation of the working relations and social protection, and the functioning of trades-unions;
- the general organization of the educational system;
- the general status of religious worship;
- the states of national emergency, martial law and war,
- the criminal offenses, the punishments requested, and the ways of executing the latter,
- the granting of amnesty and pardon;
- other provinces where the Constitution provides for the necessity of passing organic laws;
- other provinces where Parliament recommends the passing of organic laws.
The right to initiate legislation belongs to members of Parliament, the
President of the Republic of Moldova and the Government.
The Passing of Laws and Resolutions
(1) Organic laws shall be passed by majority vote based on at least two ballots.
(2) Ordinary laws and resolutions shall be passed by the majority of the votes cast by the members present in session.
(3) Draft laws submitted by Government, as well as legislative proposals submitted by deputies and accepted by the former, are examined by Parliament in the way and according to the priorities established by the Government, includingly urgency hearings/procedure. Other legislative proposals shall be examined as established.
(4) The laws passed shall be submitted to the President of the Republic of Moldova for promulgation.
(1) Problems of utmost gravity or urgency confronting the Moldovan society or State shall be resolved by referendum.
(2) The decisions passed in consequence of the results produced by the republican referendum have supreme judicial power.
The Coming into Force of Laws
Laws shall be published in the "Monitorol Oficial" of the Republic of Moldova and shall come into force either on its publication date or on the date mentioned in its original text. Unless published, the law is nonexistent.
Chapter V. The President of the Republic of Moldova
The President of the Republic of Moldova - the Head of the State
(1) The President of the Republic of Moldova is the head of the State.
(2) The President of the Republic of Moldova represents the State and is the guarantor of national sovereignty, independence, of the unity and territorial integrity of the nation.
Election of the President
(1) President of the Republic of Moldova shall be elected by the secret vote of the Parliament.
(2) Any citizen of the Republic of Moldova over 40 years of age with the right to vote that has been living in the country for at least 10 years and speaks the State language can run for the office of President of the Republic of Moldova.
(3) The candidate obtaining at least 3/5ths of the votes cast by elected deputies shall be considered elected. If no candidate obtains the required number of votes, a second ballot shall be held to choose from the two first-placed candidates, in the order of the number of votes cast for them in the first ballot.
(4) If after the second ballot no candidate obtains the required number of votes, repeat elections shall be conducted.
(5) If after repeat elections the President of the Republic of Moldova is not elected, the incumbent President shall dissolve the Parliament and establish the date of Parliamentary elections.
(6) An appropriate organic law shall determine the procedure of electing the President of the Republic of Moldova.
Mandate Validation and Taking of the Oath
(1)The Constitutional Court will validate the result of the presidential election.
(2) (2) Within 45 days from the date when elections were completed the successful presidential candidate shall take the following oath before Parliament and the Constitutional Court:
" I solemnly swear to devote ail my personal strength and abilities to the advancement and prosperity of the Republic of Moldova, to always abide by the Constitution and the laws of the country, to defend democracy, tbe fundamental rights and freedoms of the Republic of Moldova if incompatible man, and the sovereignty, independence, unity and territorial integrity of Moldova"
Term of Office
(1) The President of the Republic of Moldova takes office on the oath- taking day and his term has a duration of 4 years.
(2) The President of the Republic of Moldova exercises his mandate until the next President is sworn in.
(3) By organic law the mandate of the President of the Republic of Moldova may be prolonged in the event of war or catastrophe.
(4) The office of the President of the Republic of Moldova may be held by the same person for no more than two consecutive terms.
Incompatibilities and Immunities
(1) The office of the President of the Republic of Moldova is incompatible with holding another remunerated position.
(2) The President of the Republic of Moldova will enjoy immunity from civil action for any personal opinions expressed while in the execution of his mandate.
(3) Based on the majority of at least two thirds of the votes cast by its members, Parliament may decide to indict the President of the Republic of Moldova if the latter commits an offense. In such a case it is the Supreme Court of Justice which has the competence to sue under the rule of law, and the President will be removed from office on the very day that the court sentence convicting him has been passed as definitive.
(1) The President of the Republic of Moldova can take part in Parliament's proceedings and debates.
(2) The President of the Republic of Moldova will address Parliament messages concerning the main issues of national interest.
Dissolution of Parliament
(1) In cases where an impossibility has been reached to form the Government or a situation has been encountered whereby the passing of new legislation has been deadlocked for 3 consecutive months, the President of the Republic of Moldova, on consultations with parliamentary groups, may dissolve Parliament.
(2) If within 45 days from a first presidential request for a vote of confidence to form a new government a second such request been aim rejected by Parliament, the President may dissolve the Parliament.
(3) The Parliament may be dissolved only once in the course of a year.
(4) Parliament may not be dissolved during the President's last 6 months of office, except for the case provided in paragraph (5) of Article 78, during a state of emergency, martial law, or war.
Powers Regarding Foreign Policy
(1) The President of the Republic of Moldova is empowered to enter official discussions, take part in negotiations, conclude in the name of the Republic of Moldova the international treaties resulting therefrom, and submit those treaties to Parliament for ratification.
(2) On specific proposals submitted to him by Government, the President of the Republic of Moldova can accredit and revoke the Republic of Moldova's diplomatic representatives, as well as approve the establishment, disestablishment, and ranking of diplomatic missions abroad.
(3) The President of the Republic of Moldova receives letters of accreditation or revocation of foreign diplomatic envoys to Moldova.
Powers Regarding National Defense
(1) The President of the Republic of Moldova is the Commander-in- Chief of the armed forces.
(2) On prior approval from Parliament the President of the Republic of Moldova can declare partial or general mobilization armed forces.
(3) In the event of armed aggression against the country, the President of the Republic of Moldova takes the steps required to repel aggression, and to declare a state of war, and informs Parliament without delay on the situation. If Parliament is not in session, the President convenes by right the Parliament within 24 hours from the time when the aggression was launched.
(4) In order to ensure national security and public order the President of the Republic of Moldova can under the rule of law also take other steps.
The President of the Republic of Moldova is also empowered to:
- Award medals and titles of honour;
- Award such supreme military ranks as provided for by the law;
- Find solutions to problems concerning the rights of citizenship of the Republic of Moldova and grant political asylum;
- Appoint public officials under the law;
- Grant individual pardon or amnesty;
- Request the citizens of the Republic of Moldova to express their will by way of referendum on matters of national interest;
- Award diplomatic ranks;
- Award higher ranks to officials holding positions with Magistrates' Courts and Civil Courts, and to other civil servantsthe law;
- suspend those Acts of Government that run against existing legislation until a final decision has been passed by the Constitutional Court;
- Exercise other powers as foreseen by the law.
Suspension from Office
(1) In the event the President of the Republic of Moldova commits serious offences infringing upon constitutional provisions he may be suspended from office by the vote of two thirds elected deputies in Parliament.
(2) The motion requesting the suspension from office may be initiated by at least one third of deputies, and it must be brought to the knowledge of the President without delay. The President may give explanations on the actions for which he is being censured before Parliament and the Constitutional Court.
Vacancy of Office
(1) The office of the President of the Republic of Moldova may become vacant in consequence of expiry of the presidential mandate of resignation from office, removal from office, definite impossibility of executing his duties, or death.
(2) The request to remove the President of the Republic of Moldova from office will be brought forward in Parliament, which will pass a decision on that request.
(3) Impossibility to exercise the mandate of the President of the Republic of Moldova for more than 60 days, shall be confirmed by the Constitutional Court within 30 days of the notification.
(4) Within 2 months from the date when the presidential office was announced as vacant elections for a new President will be held in accordance with the law.
When the office of the President of the Republic of Moldova becomes vacant or the President has been ousted, or finds himself in the temporary impossibility of discharging his duties, the responsibility of the office shall devolve ad interim on the President of Parliament or the Prime-Minister, in that priority order.
Responsibility of Interim President
Should the person acting as interim President of the Republic of Moldova commit grave offenses infringing upon constitutional provisions article 89 paragraph (1) and article 91 will apply.
Promulgation of Laws
(1) The President of the Republic of Moldova promulgates the laws.
(2) The President of the Republic of Moldova has the right, whenever he objects against a given law, to submit it within at most two weeks to Parliament for reexamination. Should Parliament stick to its previously passed decision, then the President must promulgate the law.
(1) In the exercise of his powers the President of the Republic of Moldova issues decrees whose execution is compulsory throughout the entire territory of the state. These decrees shall be published in the "Monitorul Oficial" of the Republic of Moldova.
(2) Those decrees issued by the President that fall under the provisions of article 86 paragraph (2) and article 87 paragraph (?) (2), (3) and (4) must be countersigned by the Prime-Minister also.
Budget of Presidential Institution. Compensation and Other Rights
(1) The budget of the presidential institution shall be submitted to Parliament for approval and shall be included in the budget.
(2) The law will determine the level of compensation and the other rights the President is entitled to.
Chapter VI. The Government
The Role of Government
(1) It is the role of Government to carry out the domestic and foreign policy of the State and to apply general control over the work of public administration.
(2) A specific programme of activities approved by Parliament will constitute the guidelines which Government will use in the exercise of its powers.
Structure of Government
The Government consists of a prime-minister, a first vice-prime-minister, vice- prime-ministers of ministers and other members, as determined by organic law.
(1) After consulting parliamentary factions, the President of the Republic of Moldova designates a candidate for the office of Prime Minister.
(2) Within 15 days from his designation, the candidate for the office of Prime-Minister will request a vote of confidence for Parliament regarding his work programme and the entire list of Government members.
(3) Parliament will debate in joint session upon both the programme and the list of Government members and will grant Government the requested vote of confidence based on a majority vote of the elected deputies.
(4) Based on the Parliament confidence vote, the President of the Republic of Moldova appoints the Government.
(5) Government enters into the execution of its powers on the very day when its members take the oath before the President Republic of Moldova.
(6) Upon Government reshuffle or vacancy of a position, the President of the Republic of Moldova revokes and appoints some members of the Government, at the proposal of the Prime Minister.
(1) The office of government member is incompatible with the holding of another remunerated position.
(2) Other incompatibilities will be specified by organic law.
Termination of Government Membership
The office of a Government member ends in cases of resignation, revocation, incompatibility or death.
(1) The Prime-Minister leads the Government and coordinates the activity of its members, while respecting the powers
delegated to them.
(2) Upon the impossibility of the Prime Minister to exercise his duties, or upon his death, the President of the Republic of Moldova shall designate another Government member as an interim Prime Minister until the formation of a new Government. Should the Prime-Minister resume his activity within the Government structure in the interim period, then the temporary
character of his inability to fulfill his duties also ceases.
(3) A resignation on the part of the Prime-Minister leads to the resignation of the whole Government.
Acts of Government
(1) The Government issues resolutions, ordinances and prescriptions.
(2) Resolutions are issued for implementation of the laws.
(3) Ordinances are issued in compliance with Article 1062.
(4) Resolutions and ordinances issued by the Government are signed by the Prime Minister, countersigned by the ministers bearing the responsibility to enforce them and shall be published in the Official Monitor of the Republic of Moldova. Failure to publish the latter results in the annulment of the resolution or ordinance.
(5) Prescriptions are issued by the Prime Minister for organizing Government activities.
Termination of Mandate
(1) The Government is empowered to exercise its mandate up to the date that has been officially sanctioned for the holding parliamentary elections.
(2) In cases where Parliament has passed a vote of no confidence in the current Government, or the Primer Minister has been removed from office, or as provided for by paragraph (1) above, the Government shall only control the administration of the public affaire until the new Government has been sworn in.
Chapter VII. The Parlament - Government Interrelationship
Reporting to Parliament
(1) The Government is responsible before Parliament, its committees and its individual members for supplying them with all information and documents that may be requested.
(2) The access of Government members to parliamentary proceedings is ensured, and their presence may be obligatory if so requested.
Questioning and Interpellating
1) Both the Government as a whole and each one of its members are obliged to reply to the questions and interpellations raised by Parliament members.
(2) Parliament may pass a motion to substantiate its position vis-a-vis the issue that has caused an interpellation.
Motion of No Confidence
(1) If initiated by at least a quarter of the members present in session and based on their majority vote) Parliament may carry a motion of no confidence in the Government.
(2) The initiative to carry a motion of no confidence in the Government will be examined within 3 days from the date when it was brought before Parliament.
(1) Government may assume responsibility before Parliament for a certain program, general policy or draft law.
(2) Government shall be ousted, provided the motion of censure submitted within three days of presenting the program, general policy or draft law, is voted in compliance with Article 106.
(3) Unless Government is ousted in compliance with paragraph (2), the presented draft law shall be considered adopted, whereas the program or general policy shall become binding on the Government.
(1) For implementing Government program of activities, at its proposal Parliament may adopt a special law entitling Government to issue ordinances in the domains other than subjects of organic laws.
(2) Entitling law has to stipulated the domain and the term for issuing ordinances.
(3) Ordinances shall enter into force upon their publication, without being promulgated.
(4) Provided entitling law specifically stipulates so, ordinances shall be approved by Parliament. The draft law on approving the ordinances shall be submitted within the term set in the entitling law. Failure to observe the term results in annulment of the ordinance. Unless Parliament rejects the draft law on approving the ordinance, the later shall remain in force.
(5) After expiration of the term set for issuing ordinances, the latter may be abrogated, suspended or modified only by law.
Chapter VIII. Public Administration
Specialized Central Public Administration
(1) Ministries constitute the state's specialized agencies. They put into practice under the law the Government's policy, decisions and orders, exercise control over their areas of competence and are answerable for their activities.
(2) In order to manage, coordinate and control the national economy, as well as other areas outside the direct responsibility of ministries, other administrative authorities may be get up in accordance with the law.
The Armed Forces
(1) The armed forces are subordinated solely to the will of the nation, and their purpose is to safeguard the sovereignty, independence, unity and territorial integrity of the country, as well as the constitutional democracy.
(2) The structure of the national defense system will be determined by organic law.
Basic Principles of Local Public Administration
(1) Public administration as manifested in the administrative/territorial units is based on the principles of local autonomy, of decentralization of public services, of the eligibility of local public administration authorities and of consulting the citizenry on local problems of special interest.
(2) The concept of autonomy encompasses both the organization and functioning of local public administration, as well as the management of the communities represented by that administration.
(3) The enforcement of the principles described above may not detract from the unitary character of the State.
From the administrative point of view the territory of the Republic of Moldova is structured in districts, towns and villages. Certain towns may under the law be declared municipalities.
Special Autonomy Statutes
(1) The places on the left bank of the Nistru river, as well as certain other places in the south of the Republic of Moldova may be granted special forms of autonomy according to special statutory provisions of organic law.
(2) The organic laws establishing special statutes for the places mentioned under paragraph (1) above may be amended if three fifths of the Parliament members support such amendments.
Village and Town Authorities
(1) At village and town level the public administration authorities through which local autonomy is executed are represented by the elected local councils and mayors.
(2) The local councils and the mayors operate under the law as autonomous administrative authorities and are assigned the task of solving public affairs in villages and towns.
(3) The ways of electing local councils and mayors, as well as their powers and competence's shall be established by law.
(1) The district council coordinates the activity of the village and town councils to achieve public service at district level.
(2) The district council will be elected and will work in accordance with the law.
(3) The interrelationships of public authorities are based on the principles
of autonomy, legality and cooperation in solving common problems.
Chapter IX. Judicial Authority
Section 1. Courts of Law
Administration of Justice
Justice shall be administered in the name of the law by courts of law only.
Courts of Law
(1) Justice shall be administered by the Supreme Court of Justice, the Court of Appeal and the courts of law.
(2) To hear certain categories of cases special courts may be set up under the law.
(3) It is forbidden to set up courts of exception.
(4) The structure of the courts of law, their areas of competence and the corresponding judicial procedures shall be established by organic law.
[Art.115 modified via the Law no.1471-XV of 21.11.02, enforced on 12.12.02]
Status of Judges
(1) Judges sitting in the courts of law are independent, impartial and irremovable under the law.
(2) The judges sitting in the courts of law are appointed by the President of the Republic of Moldova following a proposal submitted to him by the Higher Magistrates Council. Those judges who have passed the judicature entry test are appointed in their positions at first for a 5-year term. Upon the expiration of the five year term, judges shall be appointed for a term of office, which expires with their reaching the age limit, established by law.
(3) Both the Chairpersons and Deputy Chairpersons of the courts shall be appointed for a four year term by the President following a proposal submitted by the Higher Magistrates Council.
(4) Both the Chairpersons and Deputy Chairpersons of the Supreme Court of Justice shall be appointed for a four year term by the Parliament following a proposal submitted by the Higher Magistrates Council. They must provide evidence of work experience in courts of law that is not less than 10 years long.
(5) Judges may be promoted or transferred at their own consent only.
(6) Judges may be punished as provided for under the rule of law.
(7) The office of judge is incompatible with holding any other public or private remunerated position, except in the area of teaching or scientific research.
[Art.116 in the wording of the Law no.1471-XV of 21.11.02, enforced on 12.12.02]
[Art.116 modified via the Law no.957-XIII of 19.07.96]
Public Character of Legal Proceedings
Legal hearings in all courts of law are public. Cases may be heard behind closed doors only as stipulated by law under compliance with all established legal procedures.
Language Used in Hearings and Right to Use an Interpreter
(1) Legal cases will be heard in the Moldovan language.
(2) Those persons who do not know or are unable to speak Moldovan have the right to take knowledge of all documents and items on file and to talk to the court through an interpreter.
(3) In accordance with the law legal hearings may also be conducted in a language that is found to be acceptable by the majority of the persons participating in the hearing.
The parties involved in a case and the state authorities may appeal against sentences pronounced in courts of law in accordance with the law.
Compulsory Character of Sentences and of Other Final Legal Rulings
It is compulsory to abide by the sentences and the other final legal rulings pronounced in courts of law and to cooperate with the latter at their specific request during trials, the execution of sentences and other final rulings of justice.
The Budget of the Courts of Law, Compensation
and Other Rights
(1) The budget of the courts of law is approved by Parliament and is included in the national budget.
(2) The compensations and other rights of judges are established by law.
(3) The courts of law have control over the police forces placed at their disposal.
Section 2. The Higher Magistrates' Council
(1) The Higher Magistrates' Council is composed of judges and accredited university professors whose mandate is valid for 4 years.
(2) The following belong by right to the Higher Magistrates' Court the President of the Supreme Court of Justice, the Minister of Justice, and the Prosecutor General.
[Art.122 in the wording of the Law no.1471-XV of 21.11.02, enforced on 12.12.02]
(1) The Higher Magistrates Council in accordance with regulations established in the organization of the judiciary performs the appointments, transfers, promotions of judges, as well as the disciplinary actions against them.
(2) The organization and operation of the Higher Magistrates Council shall be established via an organic law.
[Art.123 in the wording of the Law no.1471-XV of 21.11.02, enforced on 12.12.02]
Section 3. The Public Prosecution Office
Powers and Structure
(1) The Prosecution represents general interests of the society, defends legal order, the rights and freedoms of citizens, conducts and institutes proceedings, represents prosecution in courts in compliance with the law.
(2) The public prosecution system is composed of the General Prosecution Office, territorial prosecution offices and specialized prosecution offices.
(3) The structure, powers and activities of the prosecution offices are established by law.
Mandate of Public Prosecutors
(1) The Prosecutor General is appointed by Parliament following a proposal submitted to the latter by its President.
(2) The other public prosecutors are subordinated to the Prosecutor General, and appointed by him.
(3) The public prosecutors receive their mandate for a period of 5 years.
(4) The office of public prosecutor is incompatible with holding any other remunerated position, be it public or private, except in teaching or scientific research.
(5) In exercising their powers public prosecutors may submit before the law only.
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