for constitutionality Ruling Parliament. 224 of 3 December 2015 for repeal of decisions of Parliament concerning the appointment of the directors of the Board of Directors of the National Agency for energy regulation (Referral No. 53a/2015)



Published: 25.03.2016 in Official Gazette No. 69-77 art no: 14 date of entry into force: 08.12.2015 In the name of the Republic of Moldova, the Constitutional Court, acting as part of Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Mr. Talal Igor DOLEA, GEOGRAPHIC LOCATION, Mr. Victor POPA, judges, with the participation of Mrs. Sadik Munteanu, Registrar, taking into account the appeal lodged on 4 December 2015 and registered on the same date examining the appeal referred to in public plenary, taking into account the laws and proceedings, Acting in plenary sitting, Pronounce the following judgment: 1. The origin of the case lies the appeal lodged with the Constitutional Court on 4 December 2015, under articles 135 para. (1) (a). of the Constitution, 25) lit. g) of the law on the Constitutional Court and 38 para. (1) (a). g) of the code of constitutional jurisdiction, by the members of the Parliament Adrian Candu, Rubella and Stefan Creanga, concerning constitutionality Ruling Parliament. 224 of 3 December 2015 for repeal of decisions of Parliament concerning the appointment of the directors of the Board of Directors of the National Agency for energy regulation (hereinafter referred to as "the Board of Governors of the AGENCY").
2. referral to the Authors claimed that by repealing the Parliament decisions. 182 of 12 July 2013 and no. 340 of 24 December 2013, concerning the appointment of the directors of the Board of Directors of the AGENCY violated the provisions of articles 1, 8, 39, 43 and 66 of the Constitution.
3. By decision of the Constitutional Court of 4 December 2015 referral has been declared admissible, without prejudeca Fund case.
4. At the same time, the Constitutional Court in its decision of 4 December 2015 has been ordered to suspend the decision of Parliament. 224 of 3 December 2015, until settling in the substance of the case.
5. In the process of examination referral, the Constitutional Court has asked Parliament's opinion.
6. In the plenary session of the Court the appeal was supported by Mr. Rubella and Stefan Creanga, members of Parliament. Parliament's representative was not present at the meeting.


In FACT 7. Operation and administration of the National Agency for energy regulation is governed by law No. 1525 of 19 February 1998 with respect to energy. Article 42 of the law nr. 1525 establishes the composition of the Management Board of the AGENCY, as well as the method of appointing and release from Office the Board of Directors.
8. July 12, 2013, Parliament passed the judgement No. 182, whereby Mr. Ghenadie Pârțu and Iurie Oberoi were appointed as directors of the Board of Directors, for a term of 6 years.
9. Subsequently, on 24 December 2013, Parliament passed the judgement No. 340, whereby Mr. Octavian Lungu and Sergiu Ciobanu were appointed as directors of the Board of Directors, for a term of 6 years.
10. By decision of the Parliament. 224 December 3, 2015, with the votes of 50 deputies, were the decisions of Parliament. 182 of 12 July 2013 and no. 340 of 24 December 2013 regarding the appointment of the directors of the Board of Directors of the AGENCY. At the same time, the Parliamentary Commission for economy, budget and finance has been asked to organise a competition for appointment to the Board of Directors of the AGENCY. Judgment of the Parliament. 224 of 3 December 2015 has entered into force on the date of its adoption.


PERTINENT LEGISLATION 11. The relevant provisions of the Constitution (Official Gazette, no. 1, 1994) are as follows: Article 1Statul "[...]
(3) the Republic of Moldova is a democratic State of law, in which human dignity, rights and freedoms, the open development of human personality, justice and political pluralism represent supreme values and are guaranteed. "


Article 7Constituţia, "Constitution Supreme Law of the Republic of Moldova is the Supreme law. No law and no legal act that violates the Constitution has no legal power. "


Article 20 access to justice "(1) Any person shall be entitled to effective satisfaction on the part of competent courts against acts which violate the rights, freedoms and legitimate interests.
(2) no law may restrict the access to justice. "


Article 39 right to administration "(1) citizens of the Republic of Moldova have the right to participate in the administration of public affairs directly and through their representatives.
(2) any citizen shall be permitted, under the law, access to public office. "


Article 66Atribuţiile "Parliament has the following duties: [...]    j) chooses and appoints State officials where provided by law;      […]”
12. The relevant provisions of law No. 1525-XIII from February 19, 1998, concerning the energy consumption (M.O., 1998, no. 50-51, art. 366) are as follows: Article 4Atribuţiile of the central public administration authority of energy "In the tasks of the central public administration authority of energy: a) the elaboration and promotion of State policy in the field of energy;
b) elaboration of the concept of State programmes and the development of the energy sector;
(c) in execution of) the monitoring time limits, development programmes and investment in energy;
d) compilation of regulations concerning energy;
(e) promotion of international relations), including those for the procurement of strategic energy resources, attraction of investments, energy interconnections and extension training international energy market;
f) State property administration in energetics;
g) stimulation of competition, the limitation of monopolistic activity in energy. "


41Reglementarea article monitoring and energy sectors "(1) the authority vested with powers of regulation and monitoring of the sectors in the field of energy is the National Agency for energy regulation, hereinafter referred to as the Agency.
(2) the Agency shall have the following main functions: supervises compliance of) in the field of energy;
b) promotes and ensures fair competition and efficient operation of energy markets;
(c) issuing licenses for conducting) on energy markets of the activities authorized under the Act with respect to gas, the law on electricity, oil products market Act;
d) monitors the compliance of license holders in the conditions laid down for carrying out approved activities and the provisions of the laws specified in (b) (c));
e tariff policy) promotes a proper respect for the rights and interests of consumers;
E1) approves the tariffs in cases stipulated by law, calculated in accordance with the provisions of approved methodologies and monitors the accuracy of their application;
f) oversees the compliance of undertakings whose activity is regulated by the Agency of the cost required and justified in the calculation and submission for approval of rates for regulated activities;
g) exercising control over how consumer rights statement, examines petitions and complaints of consumers and suppliers and misunderstandings arising between them settled within the limits of its competence.
(3) for the purpose of exercising powers and functions prescribed by law, the Agency develops and approves regulations, methodologies and other regulations in accordance with the law.
(4) the Agency shall exercise the tasks set out and other regulations.
(5) In order to carry out the provisions of this law, the Agency cooperates with the central body, with the competition Council, in particular by providing information required both mutual application of competition legislation and legislation in the fields of energy, with the ministries and other central or local public bodies concerned with consumer associations.
(6) the Agency shall exercise its activity in accordance with the law, being independent of all participants in the energy markets, as well as other authorities or individuals and legal entities. "


Article 42Administrarea of the Agency "(1) the Agency is headed by the Board of directors consisting of five directors.
(2) Parliament shall designate one of the five directors of the Board of Directors as director-general of the Board of Directors of the Agency.
(3) decisions of the Board of Directors shall be adopted by a majority vote of the Board members. Each director holding a single vote.

(4) the Director general of the Board of Directors is appointed by the Parliament at the proposal of the President of Parliament, with the Commission's positive opinion of parliamentary activity. Directors of the Board of Directors are appointed by Parliament upon a proposal by the Parliamentary Commission. All directors are appointed for a period of 6 years. In the event, for whatever reason, the place is to be filled by the director, the members of Parliament within a month, appoints a new director. At the first nomination, directors of the Agency's Board of Directors are appointed by the Parliament in the following way: the Director-general shall be appointed for a term of 6 years, two directors-for a period of 4 years, and two-for a period of 2 years. None of the Board members may not hold function for more than 12 years.
(5) the Director of the Board of Directors must be a citizen of the Republic of Moldova, to have Bachelors in technical, legal and economic or work experience in the field, including at least 3 years according to its administrative management.
(6) the director of the Board of Directors shall cease by virtue of resignation or termination of Office. The Director may be dismissed by Parliament in the case of: (a) loss of Moldovan citizenship);     b) impossibility to exercise the tool for health reasons;     c in other function);     d) conviction for offences with intent savârşire and/or conviction to imprisonment by a final judgment of the Court;    It's the definitive Act) whether the finding through which it has been established that the issuance/it of an administrative act or the conclusion of a legal act in contravention of legal provisions relating to conflict of interest;     f) incompatibility, stay in fact established by the Act of finding remained permanently.
(7) the Director general shall undertake to the Agency staff with the consent of at least one member of the Board of Directors.
(8) The undertaking whose activity is regulated by the Agency in accordance with this Act, the Director of the Board of Directors is not entitled: a to carry out remunerated activities) or to obtain other advantages;
b) to hold shares of the investment firm;
c) to obtain financial or material gains thanks to the function which it holds;
(d)) to facilitate hiring or employing other persons undertaking whose activity is regulated by the Agency.
(9) within two years after his release from his duties, the Director of the Board of Directors may not occupy positions in the undertaking whose activity is regulated by the Agency.
(10) the Director-general of the Board of Directors shall submit the report to the Parliament about the work of the Agency in the previous year. "
13. The relevant provisions of law No. 780-XV of 27 December 2001 on the legislative acts (Official Gazette, 2002, No 36-38, art. 210) are as follows: Article 11Hotărârile "(1) decisions of subordinate legislative acts of Parliament are laws shall be adopted by a majority vote of deputies present, unless the Constitution is not made for a different majority, and are not subject to the procedure of promulgation. Decisions of individual character and other decisions do not contain rules of law can be examined without being subject to all prior proceedings in the working bodies of the Parliament.
(2) decisions of the Parliament shall be adopted: [...] c) for selecting, appointing, revoking, destitution and suspending from public office;
[…]”
14. The relevant provisions of law No. 199 from July 16, 2010 on the status of persons with dignity (Official Gazette, 2010 No. 194-196, article 637) are as follows: Article 6Ocuparea of the function of public dignitaries "(1) the occupation of public dignity takes place through elections or by appointment, in accordance with the law.
[...]
(3) where the employment of public dignitaries take place by appointment, the legal basis of the report of the exercise of the function is the Act of nomination.
(4) to occupy public office functions through the nomination contest is held in accordance with the law.
(5) the competent authority shall appoint a dignitary according to make ex officio or at the initiative of the competent authority/body.
[...]”


Article 22Încetarea of the mandate "(1) the mandate shall lapse on expiry, if the mandate is not extended in the manner established by law, or ahead of schedule.
[...]
(3) if the Minister called the termination before term mandate is occurring through revocation or, if necessary, dismissal of the Minister pursuant to the Act of the authority that appointed him in Office.
(4) the provisions of paragraphs 1 and 2. (3) does not apply to officials for special law regulating their work provides another procedure for termination before term. "
15. The relevant provisions of the regulations, Parliament adopted Law No. 797-XIII of 2 April 1996 (reprinted in the Official Gazette, 2007, no. 50, art. 237), are as follows: Article 92Procedura of the election, appointment or proposal for appointment of State officials (1) Decisions regarding the election, appointment, or proposals for the appointment of State officials who, under the Constitution and other laws are made by Parliament shall be adopted pursuant to article 74 paragraph 1. (2) of the Constitution. In the same way is adopted and decisions of Parliament concerning the dismissal (revocation) officials concerned, with the exceptions established by law.
(2) the issue concerning the election, appointment, or proposals for the appointment of State officials shall be subject to the submission of the report of the debate of the Parliament Juridical Commission for appointments and immunities.
(3) in the process of preparation of the report the Commission shall examine applications for nomination or election proposals for the appointment of State officials, having the right to summon persons concerned towards hearing. "
16. The relevant provisions of the regulations governing the Organization and functioning of the National Agency for energy regulation, approved by the decision of Parliament no. 237 of 26 October 2012 (Official Gazette, no. 13, 22-25, art. 86) are the following: "scope 1. Rules of organization and functioning of the National Agency for energy regulation (hereinafter the regulation) establishes the legal status, mission, functions, powers, rights, the organisation and transparency of the National Agency for energy regulation (hereinafter the Agency).
The legal status of the Agency 2. The Agency is a central public regulatory authority and monitoring of energy sectors and public service of water supply and sanitation, has the status of a legal person and not be subject to any other public authority or private, except in cases stipulated by law.
3. the Agency has its own balance of current accounts at banks, including foreign currency, stamp with the State emblem and its name.
Normative framework of activity of the Agency 4. In its work, the Agency is guided by the provisions of the Constitution, by the laws applicable in the field of energy and public service of water supply and sanitation, international agreements to which the Republic of Moldova is party, other normative acts in force governing the energy sector and public service of water supply and sanitation, as well as under this regulation.
5. Structure and maximum personnel of the Agency, and how staffing, personnel shall be determined and approved by its Board of directors within the limits of the budget approved by Parliament.
6. In order to carry out the provisions of this Regulation, the Agency shall collaborate with the specialized central body, with the National Agency for the protection of competition, in particular by providing the information necessary for the mutual application of competition legislation and legislation in the fields of energy and public service of water supply and sewerage systems, also with the ministries, other Central and local public authorities concerned, and with consumer groups.
7. for the purposes of carrying out the duties devolving upon it, the Agency may benefit from consulting services, studies and expert assistance in the country or abroad, may conclude agreements of cooperation with other authorities, may also benefit from training programmes and professional training for its staff.
Mission 8. The Agency implements the State policy on the regulation shall be replaced by the wording "energy and public service of water supply and sanitation, ensure the regulation and monitoring of the efficient functioning of markets and activities in their respective fields in terms of accessibility, availability, reliability, continuity, competitiveness and transparency, while respecting the rules of quality, security and environmental protection.
[...]
12 leadership. The Agency is led by a Board of Directors, composed of the collegial 5 Directors.

13. The decisions of the Administrative Board shall be adopted by a majority vote of its members. Each director holding a single vote. Decisions of the Board of Directors shall be signed only by the members of the Council.
14. Parliament shall designate one of the five directors of the Board of Directors of the Agency as director general of the Council.
15. the Director-general of the Board of Directors is appointed by the Parliament at the proposal of the President of the Parliament, having regard to the opinion of the Parliamentary Commission of positive profile. Directors of the Board of Directors are appointed by Parliament upon a proposal by the Parliamentary Commission. All directors are appointed for a period of 6 years. In the case of intervention, for various reasons, the vacancy of the position of director of the Board of Directors, the members of Parliament within a month, appoints a new director. At the first nomination, directors of the Agency's Board of Directors are appointed by the Parliament in the following way: the Director-general shall be appointed for a term of 6 years, two directors-for a period of 4 years, and two others-a term of 2 years. None of the Board members may not hold office for more than 12 years.
16. the Director of the Board of Directors must be a citizen of the Republic of Moldova, have higher education in the field of technical, legal and economic or work experience in the respective field including experience at least 3 years experience in an administrative function.
17. the Director of the Administrative Board shall undertake to act independently and objectively in the public interest, without seeking or following political instructions. To this end, each director shall draw up a written declaration of commitment and a declaration of interests indicating the absence of any interests which might be considered likely to be prejudicial to their independence. The statements in question are made public and published on the website of the Agency each year. [...]
19. Termination of director of the Board of Directors may intervene by virtue of resignation or termination of Office. The Director may be dismissed by Parliament in the case of: (a) loss of Moldovan citizenship);
b) impossibility to exercise the tool for health reasons;
c) carrot to another function;
d) condemnation for savârşire offences with intent and/or conviction to imprisonment by a final judgment of the Court;
(e) the existence of an act of) finding remained permanently committing settled the issue/of the adoption of an administrative act or to conclude a legal act in contravention of legal provisions relating to conflict of interest;
f) staying in a State of incompatibility established by the Act, fact finding remained permanently. "


LAW 17. From the contents of the referral, the Court observes that it is aimed at essentially repeal by the issuing authority of the nomination of Directors the Board of Directors of the AGENCY before the expiry of their mandate.
18. Thus, the appeal relates to a set of elements and principles, as well as the constitutional powers of the Parliament concerning the election and appointment of officials of State and guarantees the exercise of the function.


A. ADMISSIBILITY Of 19. In accordance with its decision of 4 December 2015, the Court noted that, under article 135 paragraph 1. (1) (a). the article of the Constitution). (1) (a). a) of the law on the Constitutional Court and to article 4 para. (1) (a). the Constitutional Jurisdiction of the code), filed an appeal of the competence of the Constitutional Court.
20. Articles 25 lit. g) of the law on the Constitutional Court and 38 para. (1) (a). g) of the code of Constitutional Jurisdiction authorizing members of the Parliament with the right to refer the matter to the Constitutional Court.
21. the Court finds that the object on notification constitutionality control is the judgment of the Parliament. 224 of 3 December 2015, whereby decisions were repealed some of the Parliament regarding the appointment of Directors to the Board of the AGENCY.
22. In this regard, the Court note that article 135 paragraph 1. (1) (a) of the Constitution) provides that: "[...] enforces, constitutionality [...] judgments of Parliament [...] "
23. With regard to the application of paragraph 1 of article 135. (1) (a). a) of the Constitution in relation to the judgment of the Parliament. 224 of 3 December 2015, the Court reiterates its findings from Judgment No. 10 of 16 April 2010 as follows: "[...] The Constitution of the Republic of Moldova, in article 135, paragraph 1. (1) the letter a), empowers the Constitutional Court with the constitutionality of all laws adopted by Parliament, without distinguishing between normative and individual ones.         [...]”
24. In Judgement No. 10 of 16 April 2010, mentioned supra, the Court noted that: "[...] Laws issued by the Parliament, the President of the Republic of Moldova and the Government relating to officials of a public interest representatives, chosen or named for the duration of the mandate assigned, may be the object of constitutionality in terms of form and procedure for adoption. [...]”
25. For these reasons, the decision of the Parliament. 224 of 3 December 2015 for the repeal of the Parliament decisions. 182 and no. 340 on the appointment of the Board of Directors, constitutionality is likely.
26. the Court recalls that the prerogative vested in it by article 135 paragraph 1. (1) (a). the Constitution requires) of the correlation between the laws and the Constitution, taking into account the principle of the supremacy of the latter.
27. Therefore, the Court will examine the Act in question and will perform the legal appreciation of the circumstances of law in terms of article 66 paragraph 2 of point j) combined with article 1 para. (3) and article 7 of the Constitution, the reasoning set out in its previous case-law and the generally recognized principles of law.


B. the CASE of alleged infringement of the FUND article 66 lit. j) combined with article 1 para. (3) and article 7 of the Constitution. The authors claim that the decision of the Parliament of referral No. 224 of 3 December 2015 in contravention to the provisions of subparagraph (c) of article 66. (j)) of the Constitution, according to which: "Parliament has the following duties: [...]
j) chooses and appoints State officials where provided by law;
[…]”
29. Moreover, the Act in question to be examined, including through article 1 para. (3) and article 7 of the Constitution.
1. Arguments of the authors of the referral. The authors argue that Parliament Decisions of referral No. 182 and no. 340, repealed by the decision of the Parliament. 224 of 3 December 2015, are acts of individual character appointment of certain officials, who had consumed the legal effect from the date of its adoption.
31. Thus, the authors of the referral considers that Parliament cannot repeal an act with individual character that no longer produces legal effects. The revision or repeal of an act would affect not only the security of legal relations aimed at the officials in question, and would jeopardise the proper functioning of the energy sector as a whole.
32. The authors of the report I have cited the fact that, according to the special law governing the field of energy, the National Agency for energy regulation represents an independent authority, which shall be subject to the law only. At the same time, the directors of the Board of Governors of the AGENCY holding public office and are officials, representatives of a particular public interest, which has complete independence in the exercise of their activity, and the authority has designated is bound to respect the guarantees granted to them by virtue of the functions held and does not exercise political pressure.
33. According to the authors of the referral at the time of voting the Parliament decision, it was not considered that there are legal grounds for revoking of duties of Directors the Board of Directors of the AGENCY. Moreover, in the rationale of the project, which has led to the adoption of the decision of the Parliament. 224 of 3 December 2015, was referred to the need for repeal of previous decisions of the Parliament on the appointment of Directors to the Board of the AGENCY as being dictated by the correction of an error committed by the legislature from appointing, in regards the term of Office of 6 years.
34. The authors claim that by repealing the referral decisions of Parliament. 182 and no. 340, was affected the entire composition of the Council mandate of Management Board of the AGENCY, as well as the functionality of the institution, for an indefinite period until the election of a new composition of the Council. Thus, the adoption on 3 December 2015 in which the decision of Parliament no. 224 may entail unforeseeable effects and serious harm to the economy of the country, which is not provided for interim insurance of those functions.

35. In the opinion of the authors of the referral, the Parliament passed the judgement No. 224 of 3 December 2015 in violation of articles 1 (1). (3) subparagraphs (b) and 66. (j) of the Constitution, in the absence of legal bases laid down in the special law (law on energy), the rules of organization and functioning of the National Agency for energy regulation, as well as the Parliament's regulation.
2.36 Arguments authorities. Parliament has not delivered an opinion with respect to the subject matter of the referral.
3. Assessment of the Court 3.1.    3.1.1. General principles 37. The principle of legality The court reaffirms that the basis for the rule of law, enshrined in article 2 of 1 (1). (3) of the Constitution, the principle of legality lies. No law and no legal act that violates the Constitution has no judicial power (art. 7 of the Constitution).
38. In this context, the Court notes that the principle of legality, the rule of law, requires compliance with the rule of legal act or with higher standards that determine the conditions of the legal rules concerning the procedure edictarea. Legal behaviour aimed at both the legislative activity of Parliament, as well as the establishment of internal rules of organization and operation, which have a direct connection with the compliance with the process.
39. The importance of the principle of legality requires that the law be respected, there is this requirement not only for individuals, but equally and for public and private authorities. As far as legality relates to acts of public agents, mentioning that they act is within the limits of powers which have been conferred (§ 42, report on respect for the rule of law, adopted by the Venice Commission at its plenary session, he 86 2011).
40. the Court note that the principle of the rule of law, characteristically of law, imposes the obligation of compliance with the law, in particular the edictat of it.
3.1.2. The force of constitutional court rulings 41. Examining the subject of referral, the Court recalled that it has been pronounced previously in similar situations (revoking of duties of the Attorney General, the Director general of ANRE), including the referral of some lawmakers who voted for the adoption of the contested act in this matter.
42. In this regard, the Court points out that the decisions of the Constitutional Court, which ensures the supremacy of the Constitution, are part of the normative legal order and are required, by the considerations relied on by all constitutional organs of the Republic of Moldova. They apply directly, without any other condition. The Constitutional Court acts produce their effects on the Constitution and the law gives them, in relation to the power exercised by the Court, their legal force and cannot be challenged or confirmed by anyone.
43. With regard to public authorities, beyond their obligation to comply with the legal norms and the case-law of the Constitutional Court, it is the responsibility and obligation to act with due regard for the principle of the constitutional principle of loyalty which call into question the relationship between form and background in enforcing the Constitution.
44. Note that compliance with Court judgments of the Constitutional Court is a necessary and essential condition for the proper functioning of the public authorities of the State and for the affirmation of the rule of law.
3.2. Application of the principles in this question 3.2.1. Legal effects of the acts of Parliament appointing 45. Note that article 66 yard lit. (j)) of the Constitution confers on Parliament the function to choose and appoint State officials in cases stipulated by law.
46. the Court noted that, according to constitutional rule cited supra, it is necessary to understand that the dismissal or termination of duties of these persons to be carried out by Parliament under the conditions laid down by law.
47. Thus, the constitutional provisions, article 11(2). (2) (a). c) of the law on legislative acts provides that decisions of the Parliament shall be adopted for the selection, appointment, revocation, suspension and dismissal from public office.
48. the court notice that, on July 12, 2013, Parliament passed the judgement No. 182, whereby Mr. Ghenadie Pârțu and Iurie Oberoi were appointed as directors of the Board of Directors of the AGENCY.
49. Subsequently, on 24 December 2013, Parliament passed the judgement No. 340, whereby the directors of the Board of Directors of the AGENCY have been appointed Mr. Octavian Lungu and Sergiu Ciobanu.
50. By the decision of the Parliament. 224 December 3, 2015, with the votes of 50 deputies, were the decisions of Parliament. 182 of 12 July 2013 and no. 340 of 24 December 2013 regarding the appointment of the directors of the Board of Directors of the AGENCY.
51. the court notice that the Act "designation/appointment according to" in the constitutional sense, is consumed and, therefore, is not susceptible of repeal, with the exception of the establishment of the Constitutional Court, in the context of the constitutionality, of fundamental flaws that affect the validity of the Act itself (absolute grounds for invalidity).
52. In its previous case-law, the Court noted that the Act once consumed cannot be cancelled. A procedure for annulment of acts is not consumed and can be referred to, since it would distort the legal order and would compromise the State's legislative authority, would affect the security of legal relations, and even national security, if it would admit the possibility of a relapse after a period of time based on consumed acts, political or personal interests.
53. Thus, the Court noted that in cases where an individual act in respect of legality with his doubts, but is also available on notification constitutionality control, the competent authority is to refrain from its cancellation and to appeal to legitimate Constitution laid down arms.
54. the Court points out that, when consumed according to the appointment, termination of the duties of the appointee shall not take place only through the process of dismissal/resignation, in the order established by the law. Otherwise, the repeal Act would generate the cancellation of all the decisions of individuals and their rights destituite, including salaries, obtained by virtue of the exercise of his functions, which is absolutely inadmissible, which comes in a glaring contradiction with the principles governing the rule of law and its institutions.
55. Accordingly, the court notice that the Act in question, which was cancelled the appointment of Directors of the Management Board of the AGENCY, enshrining a legal nonsense, negating a legal act which has produced effects.
3.2.2. Legal Conditions of dismissal from Office of the directors of the Board of Trustees of ANRE 56. Note that Court Organization and functioning of the National Agency for energy regulation is regulated by special law (Law No. 1525-XIII from February 19, 1998, concerning the energy). According to the provisions of article 42 of the law with regard to energy, the directors of the Board of Directors of the National Agency for energy regulation are designated by Parliament for a term of 6 years, at the initiative of the Parliamentary Commission.
57. the Court points out that the Board of Directors of the National Agency for energy regulation are holding public positions, being State officials, representatives of a particular public interest.
58. the Court note that, in order to guarantee the independence of the persons exercising public functions of dignity, impose constitutional norms and legal mandate deadline.
59. In Judgement No. 28 of September 20, 2013, the Court noted that the need for stability in the mandate of the director of the Board of Directors of the National Agency for energy regulation is determined by the functional obligations of the holder, of the important role in the creation of a legal framework for ensuring the reliable supply of energy, efficiency of the national economy and population with energy resources.
60. At the same time, the Court indicates that international instruments in this area include a number of provisions in order to ensure the independence of the regulatory authority in the energy sector.
61. In this context, the Court recalled that the Republic of Moldova has joined the Energy Community as a full member in 2010. Treaty establishing the Energy Community was adopted on October 25, 2005, in Athens, coming into force for the Republic of Moldova on May 1, 2010. From that moment became mandatory compliance with international legal standards adopted pursuant to the Treaty, including Directives of the European Union establishing the governance structure for the sectors of electricity and natural gas.
62. In directive 2009/72/EC, and directive 2009/73/EC shall indicate that the regulatory authorities in the field of energy and natural gas must be fully independent from any public or private interest, which does not exclude judicial and parliamentary control.

63. The directives cited supra establish that in order to protect the independence of the regulatory authority: "the members of the Management Board of the regulatory authority or, in the absence of the Council, a manager of the regulatory authority's management is appointed for a fixed term from five to seven years, renewable once."
64. In this context, the Court recalled that, in accordance with Community law, the independence of the regulatory authority is a legal requirement in the European Union.
65. Thus, in order to ensure the independence of the regulatory authority, the Court observed that the legislature has provided for a specific procedure for termination of the mandate of the Board of Directors of the Management Board of the AGENCY.
66. In this context, without giving a rating activity Directors concerned by the Act in question, the Court notes that, in accordance with article 42 paragraph 1. (6) of the law on power generation, director of the Board of Directors of the AGENCY shall be terminated by resignation or termination of Office. The Director may be dismissed by Parliament: the loss of Moldovan citizenship; non-tenure for health reasons; choosing the other function; conviction for instigating crime with intent and/or conviction to imprisonment by a final judgment of the Court; whether the Act of finding definitive whereby it was established issuing/adoption by it of an administrative act or the conclusion of a legal act in contravention of legal provisions relating to conflict of interest; the whereabouts of the incompatibility, established by the Act of actually finding remained permanently.
67. the Court noted that the express provision in a special law of the conditions of release from Office of some of the officials follows from the rationale of ensuring the independence of the persons concerned against the public authority which decided the election or appointment. Thus, even if the State has a legitimate interest to require such persons a special bond of trust and loyalty, this fact does not justify the omission of public authority to comply with the legal procedure for dismissal.
68. Therefore, the Court to note that decisions on the appointment of Directors to the Board of the AGENCY following the Parliament to ensure that it complied with the principle of legality, namely the existence of at least one theme; 42 para. (6) of the law on energy. Thus, the competence conferred by Parliament, the law in this sense, is not discretionary.
69. In the light of the above, the Court finds that the dismissal of public dignitaries to be made through the issuance of the notice of dismissal by virtue of legal provisions expressly stated, and not by the repeal of the Act of nomination.
Conclusions 70. Alles said the court notice that the Act in question, adopted by the Parliament in the form of decision repealing decisions depending on the previous designation of some of the directors of the Board of Directors of the National Agency for energy regulation, does not meet the requirements of subparagraph (a) of article 66. (j)) of the Constitution.
71. At the same time, taking into account the jurisprudence of the Court it considers suitable to adopt the contested judgment as an act of blatant disregard of constitutional norms, by contempt of Parliament to manifest the principles of the rule of law and supremacy of the Constitution, enshrined in articles 1 para. (3) and 7 of the Constitution.
Under article 140 of the Constitution, 26 of the law on the Constitutional Court, 6, 61, 62 lit. of the 68 of the code) and constitutional jurisdiction, the Constitutional Court DECIDES: 1. It is acceptable to refer to the Parliament deputies Adrian Candu, Rubella and Stefan Creanga.
2. Declares unconstitutional Parliament Judgment. 224 of 3 December 2015 for repeal of decisions of Parliament concerning the appointment of the directors of the Board of Directors of the National Agency for energy regulation.
3. This decision is final, cannot be subject to any appeal, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.

The PRESIDENT of the CONSTITUTIONAL COURT Alexandru Tanase