The Constitution of the Republic of Moldova
Adopted on July, 29, 1994
Monitorul Oficial al R.Moldova No 1 of 18.08.1994
Final and Transitory Provisions
(1) This Constitution shall be endorsed by Parliament and the President of the Republic of Moldova shall promulgate it within 3 days from that endorsement.
(2) The Constitution of the Republic of Moldova comes into force on 27th August 1994. On that same date the Constitution of the Republic of Moldova of 15th April 1978, including all its subsequent revisions and amendments, shall be abrogated in its entirety.
(1) The laws and other regulations retain their force only to the extent to which they do not transgress on the Constitution.
(2) Within one year from the coming into force of the present Constitution the permanent parliamentary committees, and the Government shall examine the compliance of legislation with the Constitution, and submit adequate proposals in that respect to Parliament.
(1) All state institutions in existence as of the date marking the coming into force of this Constitution retain their functionality until new institutions will be established.
(2) Parliament is made up of 104 members elected by freely expressed, universal, equal, direct and secret suffrage within the framework of political and party pluralism in accordance with the law passed on 14th October 1993. As such, Parliament remains in operation until its mandate expires, except in those cases provided for by this Constitution.
(3) The President of the Republic of Moldova is elected by freely expressed, universal, equal, direct and secret suffrage within the framework of political and party pluralism for a 5-year term, as provided for by the law of the 18th September 1991 concerning presidential elections in the Republic of Moldova. As such, the President remains in office until his mandate expires,
except in those cases provided for by this Constitution.
(4) Government is invested by Parliament, and retains its powers until the expiry of its mandate, except in those cases provided for by the Constitution.
(5) Local authorities of state power and national administration remain in operation until the expiration of their mandate, except in those cases provided for by this Constitution.
(6) Judges who on the coming into force of this Constitution have been employed in courts of justice for not less than 15 years come under the protection of the principle of irremovability in accordance with article 116 paragraph (1) by presidential decree, on proposal submitted by the Minister of Justice and the President of the Supreme Court of Justice.
(7) Within 2 years from the coming into force of this Constitution, the system of the courts of jurisdiction will be reorganized by law in accordance with article 115.
The provisions of article 25 paragraph (4) regarding the terms of detention in custody, will have no bearing until 1st January 1995 on those persons who have committed major offenses under article 7 paragraph (1) of Criminal Law.
(1) Within 6 months from the coming into force of this Constitution a Constitutional Court and a Court of Audit shall be established.
(2) For the first formation of the Constitutional Court the judges representing the Higher Magistrates' Council are appointed by the general assembly of the people's judges and the members of the Supreme Court of Justice.
Until the establishment of the Constitutional court all cases stipulated under article 135 of this Constitution may be solved on Parliament's initiative by the Supreme Court of Justice.
(1) The law of 1st September 1989 regarding the use of languages spoken throughout the territory of the Republic of Moldova stays in force to the extent that it does not trespass on this Constitution.
(2) The above-named law may be amended over the 7 years ensuing from the date when this Constitution has come into force, if it has been passed by a two-thirds majority.
Title VII, Final and Transitory Provisions is considered to be an integral part of this Constitution and has the purpose of solving those problems that are linked with its coming into force.
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