Republic of Moldova
parliament
CONSTITUTION No. 1
of 29-07-1994
THE CONSTITUTION OF THE REPUBLIC OF MOLDOVA*
Published: 29-03-2016 in Official Gazette No. 78 art. 140
* Republished.
Amended and supplemented by the laws of the Republic of Moldova:
LP185-XVI of 29.06.06, MO106-111/14.07.06 art.502
LP344-XV of 25.07.03, MO170-172/08.08.03 art. 721
LP1471-XV of 21.11.02, MO169/12.12.02 art.1294
LP1470-XV of 21.11.02, MO169/12.12.02 art.1292
LP1469-XV of 21.11.02, MO169/12.12.02 art.1290
LP351-XV from 12.07.01, MO90-91/02.08.01 art.699
LP1115-XIV from 05.07.00, MO88-89/28.07.00 art.661
LP957-XIII of 19.07.96, MO54/15.08.96 art.517
Correction to art. 88, MO no. 1, part II, of August 19, 1994, page 1
Correction to art. 75, MO no. 10 of October 20, 1994, page 2
We, the plenipotentiary representatives of the people of the Republic of Moldova, deputies in the Parliament,
STARTING from the secular aspirations of the people to live in a sovereign country, expressed through the proclamation of the independence of the Republic of Moldova,
CONSIDERING the continuity of the statehood of the Moldovan people in the historical and ethnic context of its becoming a nation,
AIMING to satisfy the interests of citizens of other ethnic origins, who together with Moldovans constitute the people of the Republic of Moldova,
CONSIDERING the rule of law, civic peace, democracy, human dignity, rights and freedoms, the free development of the human personality, justice and political pluralism as supreme values,
AWARE of our responsibility and obligations towards previous, current and future generations,
REAFFIRMING our devotion to general human values, the desire to live in peace and good understanding with all the peoples of the world according to the unanimously recognized principles and norms of international law,
we adopt the Constitution of the Republic of Moldova, declaring it the SUPREME LAW OF SOCIETY AND THE STATE.
Constitution of the Republic of Moldova
Title I
GENERAL PRINCIPLES
Article 1
The State of the Republic of Moldova
(1) The Republic of Moldova is a sovereign and independent, unitary and indivisible state.
(2) The form of government of the state is the republic.
(3) The Republic of Moldova is a democratic state governed by law, in which human dignity, rights and freedoms, the free development of the human personality, justice and political pluralism are supreme values and are guaranteed.
Article 2
Sovereignty and state power
(1) National sovereignty belongs to the people of the Republic of Moldova, who exercise it directly and through its representative bodies, in the forms established by the Constitution.
(2) No private person, no part of the people, no social group, no political party or other public formation can exercise state power in its own name. The usurpation of state power is the worst crime against the people.
Article 3
territory
(1) The territory of the Republic of Moldova is inalienable.
(2) The country’s borders are established by organic law, respecting the unanimously recognized principles and norms of international law.
Article 4
Human rights and freedoms
(1) The constitutional provisions regarding human rights and freedoms are interpreted and applied in accordance with the Universal Declaration of Human Rights, the pacts and other treaties to which the Republic of Moldova is a party.
(2) If there are inconsistencies between the pacts and treaties regarding fundamental human rights to which the Republic of Moldova is a party and its internal laws, international regulations take precedence.
Article 5
Democracy and political pluralism
(1) Democracy in the Republic of Moldova is exercised under the conditions of political pluralism, which is incompatible with dictatorship and totalitarianism.
(2) No ideology can be established as the official ideology of the state.
Article 6
Separation and collaboration of powers
In the Republic of Moldova, the legislative, executive and judicial powers are separated and collaborate in the exercise of their prerogatives, according to the provisions of the Constitution.
Article 7
The Constitution, Supreme Law
The Constitution of the Republic of Moldova is its Supreme Law. No law or other legal act that contravenes the provisions of the Constitution has legal force.
Article 8
Respect for international law
and international treaties
(1) The Republic of Moldova undertakes to respect the Charter of the United Nations Organization and the treaties to which it is a party, to base its relations with other states on the unanimously recognized principles and norms of international law.
(2) The entry into force of an international treaty containing provisions contrary to the Constitution must be preceded by a revision thereof.
Article 9
Fundamental principles regarding property
(1) Property is public and private. It consists of material and intellectual goods.
(2) Property cannot be used to the detriment of human rights, freedoms and dignity.
(3) The market, free economic initiative, fair competition are the basic factors of the economy.
Article 10
The unity of the people and the right to identity
(1) The foundation of the state is the unity of the people of the Republic of Moldova. The Republic of Moldova is the common and indivisible homeland of all its citizens.
(2) The state recognizes and guarantees the right of all citizens to preserve, develop and express their ethnic, cultural, linguistic and religious identity.
Article 11
Republic of Moldova, neutral state
(1) The Republic of Moldova proclaims its permanent neutrality.
(2) The Republic of Moldova does not allow the deployment of military troops of other states on its territory.
Article 12
State symbols
(1) The Republic of Moldova has a flag, a coat of arms and an anthem.
(2) The State Flag of the Republic of Moldova is tricolor. The colors are arranged vertically, in the following order, starting from the lance: blue, yellow, red. In the center, on the yellow sheet, the State Coat of Arms of the Republic of Moldova is printed.
(3) The State Coat of Arms of the Republic of Moldova represents a horizontally cut shield with red in the upper part, blue in the lower part, charged with a bour’s head and an eight-pointed star between the horns. The bour’s head is flanked on the right by a rose with five petals, and on the left by an outlined crescent. All elements represented in the shield are gold (yellow). The shield is placed on the chest of a natural eagle carrying a golden cross in its beak (crusaded eagle) and holding a green olive branch in its right claw and a golden scepter in its left.
(4) The National Anthem of the Republic of Moldova is established by organic law.
(5) The flag, coat of arms and anthem are the state symbols of the Republic of Moldova and are protected by law.
Article 13
The state language, the functioning of other languages
(1) The state language of the Republic of Moldova is Romanian, operating on the basis of Latin script.
[Art.13 para.(1) the obsolescence of the text ” operating on the basis of Latin script ” is established by LP52 of 16.03.23, MO97-99/24.03.23 art.150; in force 03.24.23]
(2) The state recognizes and protects the right to preserve, develop and function the Russian language and other languages spoken on the territory of the country.
(3) The state facilitates the study of languages of international circulation.
(4) The mode of functioning of the languages on the territory of the Republic of Moldova is established by an organic law.
Article 14
Capital
The capital of the Republic of Moldova is the city of Chisinau.
Title II
RIGHTS, FREEDOMS AND DUTIES
fundamentally
Chapter I
GENERAL DISPOSITIONS
Article 15
Universality
The citizens of the Republic of Moldova benefit from the rights and freedoms enshrined in the Constitution and other laws and have the obligations stipulated by them.
Article 16
equal
(1) Respecting and protecting the person is a primary duty of the state.
(2) All citizens of the Republic of Moldova are equal before the law and public authorities, regardless of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth or social origin.
Article 17
Citizenship of the Republic of Moldova
(1) The citizenship of the Republic of Moldova is acquired, kept or lost under the conditions provided by the organic law.
(2) No one can be arbitrarily deprived of his citizenship, nor of the right to change his citizenship.
Article 18
Protection of citizens of the Republic of Moldova
(1) Citizens of the Republic of Moldova benefit from state protection both in the country and abroad.
(2) Citizens of the Republic of Moldova cannot be extradited or expelled from the country.
Article 19
The legal status of foreign citizens
and the stateless
(1) Foreign citizens and stateless persons have the same rights and duties as citizens of the Republic of Moldova, with the exceptions established by law.
(2) Foreign citizens and stateless persons may be extradited only on the basis of an international convention, under conditions of reciprocity or on the basis of a court decision.
(3) The right to asylum is granted and withdrawn in accordance with the law, in compliance with the international treaties to which the Republic of Moldova is a party.
Article 20
Free access to justice
(1) Every person has the right to effective satisfaction from the competent courts against acts that violate his rights, freedoms and legitimate interests.
(2) No law can limit access to justice.
Article 21
The presumption of innocence
Any person accused of a misdemeanor is presumed innocent until his guilt is legally proven, during a public judicial process, during which he was provided with all the necessary guarantees for his defense.
Article 22
Non-retroactivity of the law
No one will be convicted for actions or omissions that, at the time of their commission, did not constitute a criminal act. Also, no harsher punishment will be applied than the one that was applicable at the time of committing the criminal act.
Article 23
The right of every man to know himself
rights and duties
(1) Every person has the right to be recognized as a legal personality.
(2) The state ensures the right of every person to know his rights and duties. For this purpose, the state publishes and makes accessible all laws and other normative acts.
Chapter II
FUNDAMENTAL RIGHTS AND FREEDOMS
Article 24
The right to life and to physical and mental integrity
(1) The state guarantees every human being the right to life and to physical and mental integrity.
(2) No one shall be subjected to torture, nor to cruel, inhuman or degrading punishments or treatments.
(3) The death penalty is abolished. No one can be sentenced to such a punishment or executed.
Article 25
Individual freedom and the safety of the person
(1) Individual freedom and personal safety are inviolable.
(2) The search, detention or arrest of a person is allowed only in the cases and with the procedure provided by law.
(3) Detention cannot exceed 72 hours.
(4) The arrest is made on the basis of a warrant, issued by the judge, for a maximum duration of 30 days. The legality of the mandate can be appealed, under the law, in the hierarchically superior court. The term of arrest can be extended only by the judge or the court, under the law, up to 12 months at most.
(5) The detained or arrested person is immediately informed of the reasons for the detention or arrest, and the accusation – in the shortest possible time; the reasons for the detention and the accusation are made known only in the presence of a lawyer, elected or appointed ex officio.
(6) The release of the person detained or arrested is mandatory if the reasons for the detention or arrest have disappeared.
Article 26
The right to defence
(1) The right to defense is guaranteed.
(2) Every person has the right to react independently, by legitimate means, to the violation of his rights and freedoms.
(3) Throughout the process, the parties have the right to be assisted by a lawyer, elected or appointed ex officio.
(4) Interference in the activity of the persons exercising the defense within the prescribed limits is punishable by law.
Article 27
The right to free movement
(1) The right to free movement in the country is guaranteed.
(2) Every citizen of the Republic of Moldova is guaranteed the right to establish his domicile or residence in any locality in the country, to leave, emigrate and return to the country.
Article 28
Intimate, family and private life
The state respects and protects intimate, family and private life.
Article 29
The inviolability of the domicile
(1) Domicile and residence are inviolable. No one can enter or stay in a person’s home or residence without their consent.
(2) The provisions of paragraph (1) may be derogated by law in the following situations:
a) for the execution of an arrest warrant or a court decision;
b) for removing a danger that threatens the life, physical integrity or assets of a person;
c) to prevent the spread of an epidemic.
(3) On-site searches and investigations can be ordered and carried out only under the conditions of the law.
(4) Searches during the night are prohibited, except in the case of a flagrant crime.
Article 30
The secret of correspondence
(1) The state ensures the secrecy of letters, telegrams, other postal items, telephone conversations and other legal means of communication.
(2) The provisions of paragraph (1) may be derogated by law in cases where this derogation is necessary in the interests of national security, the economic well-being of the country, public order and for the purpose of crime prevention.
Article 31
Freedom of conscience
(1) Freedom of conscience is guaranteed. It must manifest itself in a spirit of tolerance and mutual respect.
(2) Religious cults are free and are organized according to their own statutes, under the conditions of the law.
(3) Any manifestations of enmity are prohibited in relations between religious cults.
(4) Religious cults are autonomous, separate from the state and enjoy its support, including by facilitating religious assistance in the army, in hospitals, in penitentiaries, in asylums and in orphanages.
Article 32
Freedom of opinion and expression
(1) Every citizen is guaranteed freedom of thought, opinion, as well as freedom of expression in public by word, image or by any other possible means.
(2) Freedom of expression cannot prejudice another person’s honor, dignity or right to their own opinion.
(3) Challenging and defaming the state and the people, incitement to war of aggression, national, racial or religious hatred, incitement to discrimination, territorial separatism, public violence, as well as other manifestations threatening the constitutional regime.
Article 33
Freedom of creation
(1) Freedom of artistic and scientific creation is guaranteed. Creation is not subject to censorship.
(2) The right of citizens to intellectual property, their material and moral interests arising in connection with various types of intellectual creation are protected by law.
(3) The state contributes to the preservation, development and propagation of national and world cultural and scientific achievements.
Article 34
The right to information
(1) The right of the person to have access to any information of public interest cannot be limited.
(2) Public authorities, according to their competences, are obliged to ensure correct information of citizens on public affairs and issues of personal interest.
(3) The right to information must not prejudice measures for the protection of citizens or national security.
(4) The means of public information, state or private, are obliged to ensure the correct information of public opinion.
(5) The means of public information are not subject to censorship.
Article 35
The right to education
(1) The right to education is ensured through compulsory general education, through high school and professional education, through higher education, as well as through other forms of training and improvement.
(2) The state ensures, under the law, the right to choose the language of education and training of individuals.
(3) The study of the Romanian language is ensured in educational institutions of all grades.
(4) State education is free.
(5) Educational institutions, including non-state ones, are established and carry out their activity under the conditions of the law.
(6) Higher education institutions benefit from the right to autonomy.
(7) High school, professional and higher state education is equally accessible to all, based on merit.
(8) The state ensures, under the law, the freedom of religious education. State education is secular.
(9) The parents have the priority right to choose the sphere of education of their children.
Article 36
The right to health protection
(1) The right to health protection is guaranteed.
(2) The minimum medical insurance offered by the state is free.
(3) The structure of the national health protection system and the means of protecting the physical and mental health of the person are established according to the organic law.
Article 37
The right to a healthy environment
(1) Every human being has the right to an ecologically safe environment for life and health, as well as to harmless food and household items.
(2) The state guarantees every person the right to free access and to the dissemination of truthful information regarding the state of the natural environment, living and working conditions, the quality of food products and household items.
(3) Concealment or falsification of information about factors that are detrimental to people’s health is prohibited by law.
(4) Natural and legal persons are liable for damages caused to a person’s health and property as a result of some ecological contraventions.
Article 38
The right to vote and the right to be elected
(1) The will of the people constitutes the basis of state power. This will is expressed through free elections, which take place periodically through universal, equal, direct, secret and freely expressed suffrage.
(2) Citizens of the Republic of Moldova have the right to vote from the age of 18, up to and including election day, with the exception of those prohibited by law.
(3) The right to be elected is guaranteed to the citizens of the Republic of Moldova with the right to vote, in accordance with the law.
Article 39
The right to administration
(1) The citizens of the Republic of Moldova have the right to participate in the administration of public affairs directly, as well as through their representatives.
(2) Any citizen is guaranteed, according to the law, access to a public office.
Article 40
Freedom of assembly
Rallies, demonstrations, demonstrations, processions or any other gatherings are free and can be organized and carried out only peacefully, without any kind of weapons.
Article 41
Freedom of parties and other organizations
Socio-political
(1) Citizens may freely associate in parties and other social-political organizations. They contribute to defining and expressing the political will of citizens and, under the law, participate in elections.
(2) Parties and other social-political organizations are equal before the law.
(3) The state ensures respect for the legitimate rights and interests of parties and other social-political organizations.
(4) Parties and other social-political organizations that, through their goals or activity, militate against political pluralism, the principles of the rule of law, sovereignty and independence, territorial integrity of the Republic of Moldova are unconstitutional.
(5) Secret associations are prohibited.
(6) The activity of parties made up of foreign citizens is prohibited.
(7) Public positions whose holders cannot be part of parties are established by organic law.
Article 42
The right to establish and to affiliate
to unions
(1) Any employee has the right to establish and join trade unions to defend his interests.
(2) Trade unions are established and carry out their activity according to their statutes, under the conditions of the law. They contribute to the defense of the professional, economic and social interests of employees.
Article 43
The right to work and to work protection
(1) Every person has the right to work, to free choice of work, to fair and satisfactory working conditions, as well as to protection against unemployment.
(2) Employees have the right to labor protection. The protection measures concern the safety and hygiene of work, the working regime of women and young people, the establishment of a minimum wage for the economy, the weekly rest, paid rest leave, the performance of work in difficult conditions, as well as other specific situations.
(3) The duration of the work week is no more than 40 hours.
(4) The right to negotiations in labor matters and the binding nature of collective agreements are guaranteed.
Article 44
Prohibition of forced labor
(1) Forced labor is prohibited.
(2) It does not constitute forced labor:
a) military service or the activities carried out instead of it by those who, according to the law, do not fulfill the mandatory military service;
b) the work of a convicted person, performed under normal conditions, during the period of detention or conditional freedom;
c) benefits imposed in the situation created by calamities or other danger, as well as those that are part of normal civil obligations, established by law.
Article 45
The right to strike
(1) The right to strike is recognized. Strikes can only be triggered in order to defend the economic and social professional interests of employees.
(2) The law establishes the conditions for exercising the right to strike, as well as the liability for the illegitimate initiation of strikes.
Article 46
The right to private property and its protection
(1) The right to private property, as well as claims on the state, are guaranteed.
(2) No one can be expropriated except for a cause of public utility, established according to the law, with fair and prior compensation.
(3) Lawfully acquired property cannot be confiscated. The lawful character of the acquisition is presumed.
(4) Goods intended for, used or resulting from crimes or misdemeanors may be confiscated only under the law.
(5) The right to private property obliges to comply with the duties regarding the protection of the environment and ensuring good neighborliness, as well as the compliance with the other duties that, according to the law, belong to the owner.
(6) The right to inherit private property is guaranteed.
Article 47
The right to assistance and social protection
(1) The state is obliged to take measures so that every person has a decent standard of living, which ensures the health and well-being of him and his family, including food, clothing, housing, medical care, as well as the necessary social services .
(2) Citizens have the right to insurance in case of: unemployment, illness, invalidity, widowhood, old age or in other cases of loss of means of subsistence, following circumstances independent of their will.
Article 48
The family
(1) The family is the natural and fundamental element of society and has the right to protection from society and the state.
(2) The family is based on the freely consented marriage between a man and a woman, on their equality in rights and on the right and duty of the parents to ensure the growth, education and training of the children.
(3) The conditions for the conclusion, dissolution and annulment of marriage are established by law.
(4) Children are obliged to take care of their parents and give them help.
Article 49
Protection of the family and orphaned children
(1) The state facilitates, through economic and other measures, the formation of the family and the fulfillment of its obligations.
(2) The state protects maternity, children and young people, stimulating the development of the necessary institutions.
(3) All concerns regarding the maintenance, training and education of orphaned children and those deprived of parental protection belong to the state and society. The state stimulates and supports charity work for these children.
Article 50
Protection of mothers, children and young people
(1) The mother and the child have the right to help and special protection. All children, including those born out of wedlock, enjoy the same social protection.
(2) Children and young people enjoy a special regime of assistance in realizing their rights.
(3) The state grants the necessary allowances for children and aids for the care of sick or disabled children. Other forms of social assistance for children and young people are established by law.
(4) The exploitation of minors, their use in activities that would harm their health, morals or that would endanger their life or normal development are prohibited.
(5) Public authorities ensure conditions for the free participation of young people in the social, economic, cultural and sports life of the country.
Article 51
Protection of persons with disabilities
(1) People with disabilities benefit from special protection from the whole society. The state ensures for them normal conditions of treatment, rehabilitation, education, training and social integration.
(2) No one can be subjected to any forced medical treatment, except in the cases provided by law.
Article 52
The right to petition
(1) Citizens have the right to address public authorities through petitions formulated only in the name of the signatories.
(2) Legally constituted organizations have the right to address petitions exclusively on behalf of the collectives they represent.
Article 53
The right of the person injured by a public authority
(1) The person injured in his right by a public authority, through an administrative act or by not resolving a claim within the legal term, is entitled to obtain the recognition of the claimed right, the annulment of the act and the reparation of the damage.
(2) The state is patrimonially liable, according to the law, for the damages caused by the errors committed in the criminal processes by the investigative bodies and the courts.
Article 54
Restriction of the exercise of certain rights
or some freedoms
(1) In the Republic of Moldova, no laws may be adopted that would suppress or diminish the fundamental rights and freedoms of man and citizen.
(2) The exercise of rights and freedoms cannot be subject to other restrictions than those provided by law, which correspond to the unanimously recognized norms of international law and are necessary in the interests of national security, territorial integrity, economic well-being of the country, public order, in order to prevent disturbances mass and crimes, protecting the rights, freedoms and dignity of other people, preventing the disclosure of confidential information or guaranteeing the authority and impartiality of justice.
(3) The provisions of paragraph (2) do not allow the restriction of the rights proclaimed in articles 20-24.
(4) The restriction must be proportional to the situation that determined it and cannot affect the existence of the right or freedom.
Chapter III
FUNDAMENTAL DUTIES
Article 55
Exercise of rights and freedoms
Every person exercises his constitutional rights and freedoms in good faith, without violating the rights and freedoms of others.
Article 56
Devotion to the country
(1) Devotion to the country is sacred.
(2) The citizens who are entrusted with public functions, as well as the military, are responsible for faithfully fulfilling their obligations and, in the cases provided by the law, take the oath required by it.
Article 57
Defense of the Fatherland
(1) The defense of the Motherland is a right and a sacred duty of every citizen.
(2) Military service is completed within the military forces, intended for national defense, border guarding and maintaining public order, under the law.
Article 58
Financial contributions
(1) Citizens have the obligation to contribute, through taxes and fees, to public expenses.
(2) The legal taxation system must ensure the fair placement of fiscal burdens.
(3) Any other benefits are prohibited, apart from those established by law.
Article 59
Protection of the environment and protection of monuments
The protection of the environment, the preservation and protection of historical and cultural monuments is an obligation of every citizen.
Chapter III 1
THE PEOPLE’S ADVOCATE
Article 59 1
The status and role of the Ombudsman
(1) The People’s Advocate ensures the promotion and protection of fundamental human rights and freedoms.
(2) The person who enjoys an impeccable reputation, has high professional competence and notorious activity in the field of defense and promotion of human rights can be appointed People’s Advocate.
(3) The People’s Advocate is appointed by the Parliament, with the vote of the majority of elected deputies, based on a transparent selection procedure, provided by law, for a 7-year term, which cannot be renewed. During the mandate, the People’s Advocate is independent and impartial. It cannot be subject to any imperative or representative mandate.
(4) The People’s Advocate is not legally responsible for the opinions expressed in connection with the exercise of the mandate.
(5) The People’s Advocate cannot perform any other remunerated function, except for teaching, scientific or creative activity. The People’s Advocate does not have the right to carry out political activity and cannot be a member of any political party.
(6) Interfering with the activity of the People’s Advocate, intentionally ignoring his reports and recommendations, as well as hindering his activity in any form attract legal liability in accordance with the law.
(7) The People’s Advocate may be dismissed from office with the vote of 2/3 of the elected deputies, in compliance with the procedure established by law, which provides for his prior hearing.
(8) The manner of organization and operation of the People’s Advocate institution is established by organic law.
Title III
PUBLIC AUTHORITIES
Chapter IV
parliament
Section 1
Organization and operation
Article 60
The Parliament, supreme representative and legislative body
(1) The Parliament is the supreme representative body of the people of the Republic of Moldova and the only legislative authority of the state.
(2) The Parliament is composed of 101 deputies.
Article 61
Election of the Parliament
(1) The Parliament is elected by universal, equal, direct, secret and freely expressed vote.
(2) The way of organizing and conducting the elections is established by organic law.
(3) The elections of deputies in the Parliament take place in no more than 3 months from the expiration of the mandate or from the dissolution of the previous Parliament.
Article 62
Validation of the deputy’s mandate
The Constitutional Court, upon the proposal of the Central Electoral Commission, decides to validate the deputy’s mandate or not validate it in case of violation of the electoral legislation.
Article 63
Term of office
(1) Parliament is elected for a 4-year term, which can be extended, by organic law, in case of war or catastrophe.
(2) The Parliament convenes, upon the convocation of the President of the Republic of Moldova, within 30 days at the latest from the elections.
(3) The mandate of the Parliament is extended until the legal assembly of the new composition. During this period, the Constitution cannot be amended and no organic laws can be adopted, modified or repealed.
(4) Draft laws or legislative proposals entered on the agenda of the previous Parliament continue their procedure in the new Parliament.
Article 64
Internal organization
(1) The structure, organization and functioning of the Parliament are established by regulation. The financial resources of the Parliament are provided in the budget approved by it.
(2) The President of the Parliament is elected by secret ballot, with the majority of votes of the elected deputies, for the duration of the Parliament’s mandate. He can be revoked at any time by a secret vote by the Parliament with a majority of at least two thirds of the votes of all deputies.
(3) The vice-presidents are elected on the proposal of the President of the Parliament, with the consultation of the parliamentary fractions.
Article 65
The public nature of the meetings
(1) Parliament sessions are public.
(2) The Parliament may decide that certain sessions be closed.
Article 66
Basic duties
The Parliament has the following basic powers:
a) adopt laws, decisions and motions;
b) declare referendums;
c) interpret the laws and ensure the unity of the legislative regulations throughout the country;
d) approves the main directions of the state’s internal and external policy;
e) approves the military doctrine of the state;
f) exercises parliamentary control over the executive power, under the forms and within the limits provided by the Constitution;
g) ratifies, denounces, suspends and cancels the action of international treaties concluded by the Republic of Moldova;
h) approve the state budget and exercise control over it;
i) exercise control over the granting of state loans, over economic and other aid granted to foreign states, over the conclusion of agreements regarding state loans and credits from foreign sources;
j) elects and appoints state officials, in the cases provided by law;
k) approves the orders and medals of the Republic of Moldova;
l) declares partial or general mobilization;
m) declares a state of emergency, siege and war;
n) initiates the investigation and hearing of any issues that refer to the company’s interests;
o) suspend the activity of local public administration bodies, in the cases provided by law;
p) adopt acts regarding amnesty;
r) performs other duties, established by the Constitution and laws.
Article 67
session
(1) Parliament meets in two ordinary sessions per year. The first session starts in February and cannot exceed the end of July. The second session begins in September and cannot exceed the end of December.
(2) The Parliament also meets in extraordinary or special sessions, at the request of the President of the Republic of Moldova, the President of the Parliament or a third of the deputies.
Section 2
The status of deputies
Article 68
The representative mandate
(1) In exercising their mandate, deputies are at the service of the people.
(2) Any imperative mandate is void.
Article 69
The mandate of the deputies
(1) Deputies enter into the exercise of their mandate under the condition of validation.
(2) The quality of deputy ceases on the date of the legal meeting of the newly elected Parliament, in case of resignation, lifting of the mandate, incompatibility or death.
Article 70
Incompatibilities and immunities
(1) The quality of deputy is incompatible with the exercise of any other remunerated function, with the exception of didactic and scientific activity.
(2) Other incompatibilities are established by organic law.
(3) The deputy cannot be detained, arrested, searched, except in cases of flagrant crime, or sent to court without the approval of the Parliament, after hearing it.
Article 71
Independence of opinions
The deputy cannot be persecuted or held legally responsible for the votes or the opinions expressed in the exercise of the mandate.
Section 3
enactment
Article 72
Categories of laws
(1) Parliament adopts constitutional laws, organic laws and ordinary laws.
(2) Constitutional laws are those for revision of the Constitution.
(3) Organic law regulates:
a) the electoral system;
b) organizing and holding the referendum;
c) the organization and functioning of the Parliament;
d) the organization and functioning of the Government;
e) the organization and functioning of the Constitutional Court, the Superior Council of Magistracy, the courts, the administrative litigation;
f) the organization of local administration, of the territory, as well as the general regime regarding local autonomy;
g) organization and functioning of political parties;
h) the way to establish the exclusive economic zone;
i) the general legal regime of property and inheritance;
j) the general regime regarding labor relations, trade unions and social protection;
k) the general organization of education;
l) the general regime of religious cults;
m) the state of emergency, siege and war regime;
n) crimes, punishments and the regime of their execution;
o) granting amnesty and pardon;
p) the other areas for which, in the Constitution, the adoption of organic laws is foreseen;
r) other areas for which the Parliament considers it necessary to adopt organic laws.
(4) Ordinary laws intervene in any field of social relations, except for those reserved for constitutional laws and organic laws.
Article 73
Legislative initiative
The right of legislative initiative belongs to the deputies in the Parliament, the President of the Republic of Moldova, the Government, the People’s Assembly of the autonomous territorial unit Gagauzia.
Article 74
Adoption of laws and decisions
(1) Organic laws are adopted with the vote of the majority of the elected deputies, after at least two readings.
(2) Ordinary laws and decisions are adopted with the vote of the majority of the deputies present.
(3) The draft laws presented by the Government, as well as the legislative proposals of the deputies accepted by it, are examined by the Parliament in the manner and according to the priorities established by the Government, including in emergency procedure. Other legislative proposals are examined in the established manner.
(4) Laws are sent to the President of the Republic of Moldova for promulgation.
Article 75
referendum
(1) The most important problems of society and the state are subject to the referendum.
(2) Decisions adopted according to the results of the republican referendum have supreme legal power.
Article 76
Entry into force of the law
The law is published in the Official Gazette of the Republic of Moldova and enters into force on the date of publication or on the date specified in its text. Non-publication of the law leads to its non-existence.
Chapter V
THE PRESIDENT OF THE REPUBLIC OF MOLDOVA
Article 77
The President of the Republic of Moldova, the head of state
(1) The President of the Republic of Moldova is the head of state.
(2) The President of the Republic of Moldova represents the state and is the guarantor of the sovereignty, national independence, unity and territorial integrity of the country.
Article 78
Election of the President
(1) The President of the Republic of Moldova is elected by universal, equal, direct, secret and freely expressed vote.
(2) A citizen with the right to vote can be elected President of the Republic of Moldova who is 40 years old, has lived or lives permanently on the territory of the Republic of Moldova for no less than 10 years and possesses the Romanian language .
(3) The candidate who received at least half of the votes of the voters who participated in the elections is declared elected.
(4) If none of the candidates has met this majority, the second round of voting is organized, between the first two candidates established in the order of the number of votes obtained in the first round. The candidate who obtained the highest number of votes is declared elected, provided that their number is greater than the number of votes cast against the candidate.
(6) The procedure for electing the President of the Republic of Moldova is established by an organic law.
Article 79
Validation of the mandate and taking the oath
(1) The result of the elections for the position of President of the Republic of Moldova is validated by the Constitutional Court.
(2) The candidate whose election has been validated submits the following oath before the Parliament and the Constitutional Court, no later than 45 days after the elections:
“I swear to give all my strength and skill to the advancement of the Republic of Moldova, to respect the Constitution and laws of the country, to defend democracy, fundamental human rights and freedoms, sovereignty, independence, unity and territorial integrity of Moldova”.
Article 80
Term of office
(1) The mandate of the President of the Republic of Moldova lasts 4 years and is exercised from the date of taking the oath.
(2) The President of the Republic of Moldova exercises his mandate until the oath is taken by the newly-elected President.
(3) The mandate of the President of the Republic of Moldova can be extended, by organic law, in case of war or catastrophe.
(4) No person can serve as President of the Republic of Moldova for a maximum of two consecutive mandates.
Article 81
Incompatibilities and immunities
(1) The capacity of President of the Republic of Moldova is incompatible with the exercise of any other remunerated function.
(2) The President of the Republic of Moldova enjoys immunity. He cannot be held legally responsible for the opinions expressed in the exercise of the mandate.
(3) The Parliament can decide to impeach the President of the Republic of Moldova, with the vote of at least two thirds of the number of elected deputies, in case he commits a crime. Jurisdiction belongs to the Supreme Court of Justice, according to the law. The president is dismissed by law on the date of finality of the sentence of conviction.
Article 82 – repealed.
Article 83 – repealed.
Article 84
Posts
(1) The President of the Republic of Moldova may take part in the proceedings of the Parliament.
(2) The President of the Republic of Moldova addresses the Parliament with messages regarding the main problems of the nation.
Article 85
Dissolution of Parliament
(1) In the case of the impossibility of forming the Government or the blocking of the procedure for adopting laws for 3 months, the President of the Republic of Moldova, after consulting the parliamentary fractions, may dissolve the Parliament.
(2) The Parliament can be dissolved, if it has not accepted the vote of confidence for the formation of the Government, within 45 days of the first request and only after the rejection of at least two investiture requests.
(3) During a year, the Parliament can be dissolved only once.
(4) Parliament cannot be dissolved during the last 6 months of the mandate of the President of the Republic of Moldova, nor during a state of emergency, siege or war.
Article 86
Duties in the field of foreign policy
(1) The President of the Republic of Moldova conducts negotiations and takes part in negotiations, concludes international treaties on behalf of the Republic of Moldova and presents them, in the manner and within the term established by law, for ratification by the Parliament.
(2) The President of the Republic of Moldova, at the proposal of the Government, accredits and recalls the diplomatic representatives of the Republic of Moldova and approves the establishment, dissolution or change of rank of diplomatic missions.
(3) The President of the Republic of Moldova receives the letters of accreditation and recall of the diplomatic representatives of other states in the Republic of Moldova.
Article 87
Attributions in the field of defense
(1) The President of the Republic of Moldova is the supreme commander of the armed forces.
(2) The President of the Republic of Moldova may declare, with the prior approval of the Parliament, partial or general mobilization.
(3) In case of armed aggression directed against the country, the President of the Republic of Moldova takes measures to repel the aggression, declares a state of war and brings them to the attention of the Parliament without delay. If the Parliament is not in session, it is convened by right within 24 hours of the start of the aggression.
(4) The President of the Republic of Moldova may take other measures to ensure national security and public order, within the limits and conditions of the law.
Article 88
Other attributions
The President of the Republic of Moldova also performs the following duties:
a) confer decorations and titles of honor;
b) grants supreme military ranks provided by law;
c) solves the problems of citizenship of the Republic of Moldova and grants political asylum;
d) appoints to public positions, under the conditions provided by law;
e) grants individual pardon;
f) may ask the people to express, through a referendum, their will on issues of national interest;
g) grant diplomatic ranks;
h) confers higher degrees of classification to the workers of the prosecutor’s office, judges and other categories of officials, under the law;
i) suspend the acts of the Government, which contravene the legislation, until the adoption of the final decision of the Constitutional Court;
j) exercise other powers established by law.
Article 89
Suspension from office
(1) In case of committing serious acts that violate the provisions of the Constitution, the President of the Republic of Moldova may be suspended from office by the Parliament, with the vote of two thirds of the deputies.
(2) The proposal for suspension from office can be initiated by at least one third of the deputies and is brought to the attention of the President of the Republic of Moldova without delay. The President can give explanations to the Parliament regarding the facts attributed to him.
(3) If the suspension proposal is approved, within 30 days at most a referendum is organized to dismiss the President.
Article 90
Vacancy of the function
(1) The vacancy of the position of the President of the Republic of Moldova occurs in case of expiration of the mandate, resignation, dismissal, definitive impossibility of exercising the duties or death.
(2) The resignation request of the President of the Republic of Moldova is presented to the Parliament, which decides on it.
(3) The impossibility of the President of the Republic of Moldova exercising his powers for more than 60 days is confirmed by the Constitutional Court within 30 days of the notification.
(4) Within 2 months from the date on which the vacancy occurred in the position of President of the Republic of Moldova, elections for a new President will be organized, in accordance with the law.
Article 91
Interim position
If the position of President of the Republic of Moldova becomes vacant or if the President is dismissed or if he is temporarily unable to exercise his duties, the interim is ensured, in order, by the President of the Parliament or the Prime Minister.
Article 92
The responsibility of the interim President
If the person who provides the interim position of President of the Republic of Moldova commits serious acts, by which he violates the provisions of the Constitution, Article 89 paragraph (1) and Article 91 shall apply.
Article 93
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, if he has objections to a law, to send it, within two weeks at most, to the Parliament for re-examination. If the Parliament maintains its previously adopted decision, the President promulgates the law.
Article 94
Acts of the President
(1) In the exercise of his powers, the President of the Republic of Moldova issues decrees, mandatory for execution throughout the state. The decrees are published in the Official Gazette of the Republic of Moldova.
(2) The decrees issued by the President in the exercise of his powers provided for in Article 86 paragraph (2), Article 87 paragraphs (2), (3) and (4) shall be countersigned by the Prime Minister.
Article 95
The financial resources of the device
The President, allowance and other rights
(1) The financial resources of the apparatus of the President of the Republic of Moldova are approved, upon his proposal, by the Parliament and are included in the state budget.
(2) The compensation and other rights of the President of the Republic of Moldova are established by law.
Chapter VI
GOVERNMENT
Article 96
The role
(1) The government ensures the implementation of the internal and external policy of the state and exercises the general leadership of the public administration.
(2) In exercising its powers, the Government is guided by its activity program, accepted by the Parliament.
Article 97
Structure
The government is made up of the Prime Minister, First Deputy Prime Minister, Deputy Prime Ministers, Ministers and other members established by organic law.
Article 98
Investiture
(1) After consulting the parliamentary factions, the President of the Republic of Moldova appoints a candidate for the position of Prime Minister.
(2) The candidate for the position of Prime Minister will request, within 15 days from the appointment, the vote of confidence of the Parliament on the activity program and the entire list of the Government.
(3) The activity program and the Government’s list are debated in the Parliament session. It gives confidence to the Government with the vote of the majority of the elected deputies.
(4) Based on the vote of confidence granted by the Parliament, the President of the Republic of Moldova appoints the Government.
(5) The Government exercises its powers from the day its members take the oath before the President of the Republic of Moldova.
(6) In the event of a governmental reshuffle or vacancy of the position, the President of the Republic of Moldova revokes and appoints, at the proposal of the Prime Minister, some members of the Government.
Article 99
incompatibility
(1) The position of member of the Government is incompatible with the exercise of any other remunerated position.
(2) Other incompatibilities are established by organic law.
Article 100
Termination of the position of member of the Government
The position of a member of the Government ceases in case of resignation, revocation, incompatibility or death.
Article 101
Prime Minister
(1) The Prime Minister leads the Government and coordinates the activity of its members, respecting their attributions.
(2) In the case of the inability of the Prime Minister to exercise his duties or in case of his death, the President of the Republic of Moldova will appoint another member of the Government as interim Prime Minister until the formation of the new Government. The interim during the impossibility of exercising the powers ends, if the Prime Minister resumes his activity in the Government.
(3) In case of resignation of the Prime Minister, the entire Government resigns.
Article 102
Government Acts
(1) The Government adopts decisions, ordinances and provisions.
(2) Decisions are adopted to organize the execution of laws.
(3) Ordinances are issued under the terms of article 106 2 .
(4) The decisions and ordinances adopted by the Government are signed by the Prime Minister, countersigned by the ministers who have the obligation to implement them and are published in the Official Monitor of the Republic of Moldova. Non-publication leads to the non-existence of the decision or ordinance.
(5) Provisions are issued by the Prime Minister for the organization of the internal activity of the Government.
Article 103
Termination of mandate
(1) The Government exercises its mandate until the date of validation of the elections for a new Parliament.
(2) The Government, in the case of the vote of no confidence by the Parliament, the resignation of the Prime Minister or under the conditions of paragraph (1), performs only the functions of administration of public affairs, until the oath is taken by the members of the new Government.
Chapter VII
REPORTS OF THE PARLIAMENT WITH
GOVERNMENT
Article 104
Information to the Parliament
(1) The Government is responsible before the Parliament and presents the information and documents requested by it, its committees and the deputies.
(2) Members of the Government have access to the proceedings of the Parliament. If their presence is requested, their participation is mandatory.
Article 105
Questions and inquiries
(1) The Government and each of its members are obliged to answer the questions or interpellations formulated by the deputies.
(2) The Parliament can adopt a motion to express its position on the object of questioning.
Article 106
Expression of disbelief
(1) The Parliament, at the proposal of at least one fourth of the deputies, can express its lack of confidence in the Government, with the vote of the majority of the deputies.
(2) The no-confidence initiative is examined after 3 days from the date of its presentation to the Parliament.
Article 106 1
Government liability engagement
(1) The Government can undertake its responsibility before the Parliament on a program, a general policy statement or a draft law.
(2) The government is dismissed if the censure motion, submitted within 3 days of the presentation of the program, the general policy statement or the draft law, was voted under the conditions of article 106.
(3) If the Government has not been dismissed according to paragraph (2), the presented bill is considered adopted, and the program or general policy statement becomes binding for the Government.
Article 106 2
Legislative delegation
(1) In order to carry out the Government’s activity program, the Parliament may adopt, at its proposal, a special law empowering the Government to issue ordinances in areas that are not the subject of organic laws.
(2) The enabling law shall establish, mandatorily, the field and the date until which ordinances can be issued.
(3) The ordinances enter into force on the date of publication, without being promulgated.
(4) If the enabling law requires it, ordinances are subject to Parliament’s approval. The draft law on the approval of ordinances is presented within the term established in the enabling law. Failure to comply with this term results in the cessation of the effects of the ordinance. If the Parliament does not reject the draft law on the approval of the ordinances, they remain in force.
(5) After the expiration of the term established for the issuance of ordinances, they may be repealed, suspended or modified only by law.
Chapter VIII
PUBLIC ADMINISTRATION
Article 107
The specialized central public administration
(1) The central specialized bodies of the state are the ministries. They translate into life, under the law, the Government’s policy, its decisions and dispositions, manage the areas entrusted to them and are responsible for their activity.
(2) In order to manage, coordinate and exercise control in the field of economic organization and in other fields that do not directly fall under the attributions of the ministries, other administrative authorities are established, under the terms of the law.
Article 108
Armed forces
(1) The armed forces are subordinated exclusively to the will of the people to guarantee sovereignty, independence and unity, the territorial integrity of the country and constitutional democracy.
(2) The structure of the national defense system is established by organic law.
Article 109
Basic principles of local public administration
(1) Public administration in administrative-territorial units is based on the principles of local autonomy, the decentralization of public services, the eligibility of local public administration authorities and the consultation of citizens in local issues of special interest.
(2) Autonomy concerns both the organization and functioning of the local public administration, as well as the management of the communities they represent.
(3) The application of the stated principles cannot affect the character of the unitary state.
Article 110
Administrative-territorial organization
(1) The territory of the Republic of Moldova is organized, administratively, into villages, towns, districts and the autonomous territorial unit Gagauzia. According to the law, some cities can be declared municipalities.
(2) Localities on the left side of the Dniester can be assigned special forms and conditions of autonomy in accordance with the special statute adopted by organic law.
(3) The status of the capital of the Republic of Moldova, the city of Chisinau, is regulated by an organic law.
Article 111
The autonomous territorial unit of Gagauzia
(1) Gagauzia is an autonomous territorial unit with a special status which, being a form of self-determination of the Gagauz people, is an integral and inalienable part of the Republic of Moldova and resolves itself, within the limits of its competence, according to the provisions of the Constitution of the Republic of Moldova, in the interest the entire population, political, economic and cultural issues.
(2) On the territory of the Gagauzia autonomous territorial unit, all the rights and freedoms provided by the Constitution and legislation of the Republic of Moldova are guaranteed.
(3) In the autonomous territorial unit of Gagauzia, representative and executive bodies operate according to the law.
(4) The land, the subsoil, the waters, the plant and animal kingdom, other natural resources located on the territory of the Gagauzia autonomous territorial unit are the property of the people of the Republic of Moldova and also constitute the economic base of Gagauzia.
(5) The budget of the autonomous territorial unit Gagauzia is formed in accordance with the rules established in the law regulating the special status of Gagauzia.
(6) The control over compliance with the legislation of the Republic of Moldova in the autonomous territorial unit of Gagauzia is exercised by the Government, in accordance with the law.
(7) The organic law regulating the special status of the Gagauzia autonomous territorial unit can be amended with the vote of three fifths of the number of deputies elected to the Parliament.
Article 112
Village and town authorities
(1) The public administration authorities, through which local autonomy is exercised in villages and cities, are the elected local councils and the elected mayors.
(2) Local councils and mayors act, under the law, as autonomous administrative authorities and solve public affairs in villages and towns.
(3) The manner of election of local councils and mayors, as well as their duties, is established by law.
Article 113
The district council
(1) The district council coordinates the activity of the village and city councils in order to provide public services of district interest.
(2) The district council is elected and functions according to the law.
(3) Relations between local public authorities are based on the principles of autonomy, legality and collaboration in solving common problems.
Chapter IX
JUDICIAL AUTHORITY
Section 1
Courts
Article 114
Execution of justice
Justice is administered in the name of the law only by the courts.
Article 115
Courts
(1) Justice is administered by the Supreme Court of Justice, the appeal courts and the judges.
(2) For certain categories of cases, specialized judges may function, according to the law.
(3) The establishment of extraordinary courts is prohibited.
(4) The organization of the courts, their competence and the court procedure are established by organic law.
Article 116
The status of judges
(1) Court judges are independent, impartial and irremovable, according to the law.
(2) Court judges are appointed, under the law, until they reach the age limit, by the President of the Republic of Moldova, upon the proposal of the Superior Council of Magistracy. The President of the Republic of Moldova can only reject the candidacy proposed by the Superior Council of Magistracy once.
(3) – repealed.
(4) – repealed.
(5) Decisions regarding the appointment of judges and their career must be adopted based on objective criteria, based on merit, and a transparent procedure, in accordance with the law. The promotion or transfer of judges is done only with their consent.
(5 1 ) Judges only have functional immunity under the law.
(6) Sanctioning of judges is done in accordance with the law.
(7) The position of judge is incompatible with the exercise of any other remunerated position, with the exception of teaching and scientific activity.
Article 117
The public nature of judicial debates
In all courts, court hearings are public. Trials are judged in closed session only in the cases established by law, in compliance with all procedural rules.
Article 118
Procedural language and the right to an interpreter
(1) The judicial procedure is carried out in the Romanian language .
(2) Persons who do not possess or do not speak the Romanian language have the right to learn about all the documents and works of the file, to speak in court through an interpreter.
(3) According to the law, the judicial procedure can also be conducted in a language acceptable to the majority of people participating in the process.
Article 119
Use of Remedies
Against the court decisions, the interested parties and the competent state bodies can exercise the means of appeal, under the law.
Article 120
The mandatory character of the sentences
and other final court decisions
It is mandatory to comply with the sentences and other final decisions of the courts, as well as the collaboration requested by them during the trial, the execution of the sentences and other final court decisions.
Article 121
The financial resources of the courts
judicial, indemnity and other rights
(1) The financial resources of the courts are approved by the Parliament and are included in the state budget.
(1 1 ) In the process of drafting, approving and amending the budget of the courts, the advisory opinion of the Superior Council of Magistracy is requested. The Superior Council of the Magistracy has the right to submit proposals to the Parliament for the draft budget of the courts.
(2) Compensations and other rights of judges are established by law.
(3) Courts have the police at their service.
Section 2
Superior Council of Magistracy
Article 121 1
The role
The Superior Council of Magistracy is the guarantor of the independence of the judicial authority.
Article 122
STRUCTURE
(1) The Superior Council of Magistracy consists of 12 members: six judges elected by the General Assembly of Judges, representing all levels of courts, and six persons who enjoy a high professional reputation and personal integrity, with experience in the field of law or in other relevant field, which does not work within the bodies of the legislative, executive or judicial power and is not politically affiliated.
(2) The procedure and conditions for the election, appointment and termination of the mandate of the members of the Superior Council of Magistracy are established by law. The members of the Superior Council of Magistracy can be revoked, according to the law.
(3) Candidates for the position of member of the Superior Council of the Magistracy who are not among the judges are selected by competition, based on a transparent procedure, on the basis of merit, and are appointed by the Parliament with the vote of three fifths of the elected deputies.
(4) If the appointment of candidates who are not judges to the position of member of the Superior Council of Magistracy under the conditions of paragraph (3) has failed, the procedure and conditions for their appointment are established by law.
(5) The members of the Superior Council of the Magistracy are elected or appointed for a 6-year mandate, without the possibility of holding two mandates.
Article 123
powers
(1) The Superior Council of the Magistracy ensures the appointment, transfer, secondment, promotion and application of disciplinary measures to judges . The Superior Council of Magistracy exercises its powers directly or through its specialized bodies.
(2) The mode of organization and functioning of the Superior Council of Magistracy is established by organic law.
Section 3
Prosecution
Article 124
Prosecution
(1) The prosecutor’s office is an autonomous public institution within the judicial authority, which contributes to the administration of justice, the defense of the rights, freedoms and legitimate interests of the person, society and the state through criminal procedures and other procedures provided for by law.
(2) The powers of the Prosecutor’s Office are exercised by prosecutors.
(3) The competences, organization and operation of the Prosecutor’s Office are established by law.
Article 125
prosecutor
(1) The Prosecutor General is appointed by the President of the Republic of Moldova, upon the proposal of the Superior Council of Prosecutors, for a 7-year term, which cannot be renewed.
(2) The General Prosecutor is dismissed from office by the President of the Republic of Moldova, upon the proposal of the Superior Council of Prosecutors, under the law, for objective reasons and based on a transparent procedure.
(3) The appointment, transfer, promotion and dismissal of hierarchically inferior prosecutors is carried out by the General Prosecutor, upon the proposal of the Superior Council of Prosecutors.
Article 125 1
Superior Council of Prosecutors
(1) The Superior Council of Prosecutors is the guarantor of the independence and impartiality of prosecutors.
(2) The Superior Council of Prosecutors is constituted, in accordance with the law, from prosecutors elected from all levels of prosecutors’ offices and from representatives of other authorities, public institutions or civil society. Prosecutors within the Superior Council of Prosecutors constitute an important part.
(3) The Superior Council of Prosecutors ensures the appointment, transfer, promotion and application of disciplinary measures against prosecutors.
(4) The manner of organization and operation of the Superior Council of Prosecutors shall be established by law.
Title IV
NATIONAL ECONOMY AND PUBLIC FINANCES
Article 126
The economy
(1) The economy of the Republic of Moldova is a market economy, of social orientation, based on private property and public property, engaged in free competition.
(2) The state must ensure:
a) the regulation of economic activity and the administration of the public property that belongs to it under the terms of the law;
b) freedom of trade and entrepreneurial activity, protection of fair competition, creation of a framework favorable to the exploitation of all production factors;
c) protecting national interests in economic, financial and currency activity;
d) stimulation of scientific research;
e) rational exploitation of land and other natural resources, in accordance with national interests;
f) restoring and protecting the environment, as well as maintaining the ecological balance;
g) increasing the number of jobs, creating the conditions for increasing the quality of life;
h) the inviolability of the investments of natural and legal persons, including foreigners.
Article 127
Property
(1) The state protects property.
(2) The state guarantees the realization of the property right in the forms requested by the holder, if they do not contradict the interests of society.
(3) Public property belongs to the state or administrative-territorial units.
(4) The wealth of any nature of the subsoil, the air space, the waters and the forests used in the public interest, the natural resources of the economic zone and the continental plateau, the communication routes, as well as other goods established by law, are the exclusive object of public property.
Article 128
Property of foreign citizens
and the stateless
(1) In the Republic of Moldova, the property of other states, international organizations, foreign citizens and stateless persons is protected.
(2) The manner and conditions of exercising the property right of foreign natural and legal persons, as well as of stateless persons, on the territory of the Republic of Moldova are regulated by law.
Article 129
External economic activity
(1) Parliament approves the main directions of foreign economic activity, the principles of using foreign loans and credits.
(2) The Government ensures the protection of national interests in external economic activity, promotes free trade policy or protectionist policy, starting from national interests.
Article 130
The financial-creditor system
(1) The formation, administration, use and control of the financial resources of the state, of administrative-territorial units and of public institutions are regulated by law.
(2) The national currency of the Republic of Moldova is the Moldovan leu.
(3) The exclusive right to issue money belongs to the National Bank of the Republic of Moldova. The issue is carried out according to the decision of the Parliament.
Article 131
The national public budget
(1) The national public budget includes the state budget, the state social insurance budget and the budgets of districts, cities and villages.
(2) The Government annually prepares the draft of the state budget and the state social insurance budget, which it submits, separately, to the approval of the Parliament. In case of formation of the extra-budgetary fund, it is presented to the Parliament for approval.
(3) If the state budget and the state social insurance budget have not been adopted by law at least three days before the end of the budget exercise, the state budget and the state social insurance budget of the previous year shall continue to apply, until the adoption the new budgets.
(4) Any legislative proposal or amendment involving an increase or decrease in budget revenues or loans, as well as an increase or decrease in budget expenditures, can only be adopted after they are accepted by the Government.
(5) The budgets of districts, cities and villages are drawn up, approved and executed in accordance with the law.
(6) No budget expenditure can be approved without establishing the funding source.
Article 132
The fiscal system
(1) Taxes, fees and any revenues of the state budget and of the state social insurance budget, of the budgets of districts, cities and villages are established, according to the law, by the respective representative bodies.
(2) Any other services are prohibited.
Article 133
Court of Auditors
(1) The Court of Accounts exercises control over the way of formation, administration and use of public financial resources.
(2) The Court of Accounts consists of 7 members.
(3) The President of the Court of Accounts is appointed by Parliament, upon the proposal of its President, for a term of 5 years. The members of the Court are appointed by the Parliament, upon the proposal of its President.
(4) The Court of Accounts submits an annual report to the Parliament on the administration and use of public financial resources.
(5) Other attributions, as well as the way of organization and operation of the Court of Accounts, are established by organic law.
Title V
CONSTITUTIONAL COURT
Article 134
status
(1) The Constitutional Court is the only authority of constitutional jurisdiction in the Republic of Moldova.
(2) The Constitutional Court is independent of any other public authority and is subject only to the Constitution.
(3) The Constitutional Court guarantees the supremacy of the Constitution, ensures the implementation of the principle of separation of state power into legislative power, executive power and judicial power and guarantees the responsibility of the state towards the citizen and the citizen towards the state.
Article 135
powers
(1) The Constitutional Court:
a) exercises, upon notification, the control of the constitutionality of the laws and decisions of the Parliament, of the decrees of the President of the Republic of Moldova, of the decisions and ordinances of the Government, as well as of the international treaties to which the Republic of Moldova is a party;
b) interpret the Constitution;
c) pronounces on revision initiatives
of the Constitution;
d) confirms the results of the republican referendums;
e) confirms the results of the election of the Parliament and the President of the Republic of Moldova;
f) ascertains the circumstances that justify the dissolution of the Parliament, the dismissal of the President of the Republic of Moldova or the interim of the position of President, as well as the impossibility of the President of the Republic of Moldova to exercise his duties for more than 60 days;
g) resolves exceptional cases of unconstitutionality of legal acts, notified by the Supreme Court of Justice;
h) decides on matters that have as their object the constitutionality of a party.
(2) The Constitutional Court carries out its activity at the initiative of the subjects provided for by the Law on the Constitutional Court.
Article 136
Structure
(1) The Constitutional Court is composed of 6 judges, appointed for a 6-year term.
(2) Two judges are appointed by the Parliament, two by the Government and two by the Superior Council of the Magistracy.
(3) The judges of the Constitutional Court elect, by secret ballot, its president.
Article 137
Independence
The judges of the Constitutional Court are irremovable for the duration of their mandate, independent and obey only
the Constitution.
Article 138
Conditions for appointment
Constitutional Court judges must have superior legal training, high professional competence and at least 15 years of experience in legal activity, in legal education or in scientific activity.
Article 139
incompatibility
The position of judge of the Constitutional Court is incompatible with any other remunerated public or private position, with the exception of teaching and scientific activity.
Article 140
Decisions of the Constitutional Court
(1) Laws and other normative acts or some parts of them become null, from the moment of the adoption of the corresponding decision of the Constitutional Court.
(2) The decisions of the Constitutional Court are final and cannot be appealed.
Title VI
REVISION OF THE CONSTITUTION
Article 141
Review initiative
(1) The revision of the Constitution can be initiated by:
a) a number of at least 200,000 citizens of the Republic of Moldova with the right to vote. Citizens who initiate the revision of the Constitution must come from at least half of the administrative-territorial units of the second level, and in each of them at least 20,000 signatures must be registered in support of this initiative;
b) a number of at least one third of deputies in the Parliament;
c) Government.
(2) Draft constitutional laws will be presented to the Parliament only together with the opinion of the Constitutional Court, adopted with the vote of at least 4 judges.
Article 142
Limits of review
(1) The provisions regarding the sovereign, independent and unitary character of the state, as well as those regarding the permanent neutrality of the state, can be revised only with their approval through a referendum, with the vote of the majority of citizens registered in the electoral lists.
(2) No revision can be made, if it results in the suppression of the fundamental rights and freedoms of citizens or their guarantees.
(3) The Constitution cannot be revised during the state of emergency, siege and war.
Article 143
The law on amending the Constitution
(1) The Parliament has the right to adopt a law regarding the amendment of the Constitution after at least 6 months from the date of presentation of the corresponding initiative. The law is adopted with the vote of two thirds of the deputies.
(2) If, from the presentation of the initiative regarding the amendment of the Constitution, the Parliament has not adopted the corresponding constitutional law for one year, the proposal is considered null.
Title VII
FINAL AND TRANSITIONAL PROVISIONS
Article I
(1) This Constitution is adopted by the Parliament and promulgated by the President of the Republic of Moldova within 3 days.
(2) The Constitution of the Republic of Moldova enters into force on August 27, 1994. On the same date, the Constitution of the Republic of Moldova of April 15, 1978, with subsequent amendments and additions, is fully repealed.
Article II
(1) Laws and other normative acts remain in force to the extent that they do not contravene this Constitution.
(2) The permanent committees of the Parliament, the Government, within one year from the date of entry into force of this Constitution, will examine the conformity of the legislation with the Constitution and will present the respective proposals to the Parliament.
Article III
(1) State institutions, existing on the date of entry into force of this Constitution, remain in operation until new institutions are established.
(2) The Parliament, made up of 104 deputies, elected by universal, equal, direct, secret and freely expressed vote, under the conditions of political pluralism and pluripartism, according to the Law of October 14, 1993 on the election of the Parliament, remains in office until the expiration of the mandate, with except for the cases provided for in this Constitution.
(3) The President of the Republic of Moldova, elected by universal, equal, direct, secret and freely expressed vote, under the conditions of political pluralism and pluripartyism, for a term of 5 years, according to the Law of September 18, 1991 regarding the elections of the President of the Republic of Moldova, remains in office until the expiration of the mandate for which he was elected, except for the cases provided for in this Constitution.
(4) The Government, vested in office by the Parliament, remains in the exercise of powers until the expiration of the mandate, except for the cases provided for in this Constitution.
(5) Local bodies of state power and state administration remain in the exercise of their powers until the mandate expires, except for the cases provided for in this Constitution.
(6) Judges who, on the date of entry into force of this Constitution, have at least 5 years of service in the judiciary, the principle of irremovability, according to Article 116 paragraph (1), is violated by a decree of the President of the Republic of Moldova , at the proposal of the Minister of Justice and the President of the Supreme Court.
(7) Within 2 years from the entry into force of this Constitution, the court system will be reorganized, by law, according to Article 115.
Article IV
The provisions of article 25 paragraph (4), regarding the term of arrest, do not apply, until January 1, 1995, to persons who have committed serious crimes provided for by article 7 1 of the Criminal Code .
Article V
(1) Within 6 months from the entry into force of this Constitution, the Constitutional Court and the Court of Accounts shall be established.
(2) In the first composition of the Constitutional Court, judges from the Superior Council of Magistracy are appointed according to the general assembly of popular judges and members of the Supreme Court.
Article VI
Until the establishment of the Constitutional Court, the cases provided for in Article 135 of this Constitution may be resolved, at the initiative of the Parliament, by the Supreme Court.
Article VII
(1) The law of September 1, 1989 regarding the functioning of the languages spoken on the territory of the Republic of Moldova remains in force to the extent that it does not contravene this Constitution.
(2) The aforementioned law can be amended within 7 years from the date of entry into force of this Constitution, with the vote of at least two thirds of the deputies.
Article VIII
Title VII, Final and Transitional Provisions, is considered an integral part of this Constitution and regulates the issues related to its entry into force.
