To Amend And Supplement The Regulation On The Procedure For Examining Complaints Lodged At The Constitutional Court

Original Language Title: pentru modificarea și completarea Regulamentului privind procedura de examinare a sesizărilor depuse la Curtea Constituțională

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    Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Igor DOLEA, Mr. Victor POPA, judges, with the participation of Mrs. Ludmila Chihai, Registrar, In accordance with the provisions of law No. 317-XIII of December 13, 1994 in respect of the Constitutional Court and constitutional jurisdiction Code No. 502-XIII of 16 June 1995, the Constitutional Court DECIDES: 1. Regulation on the procedure for the examination of complaints lodged with the Constitutional Court, approved by decision of the Constitutional Court No. AG-3 out of 3 June 2014, is modified and completed as follows: 1) in paragraph 4, after the word "right" should be filled in with text: "including judges/courts completele within the Supreme Court of Justice, courts of appeal and courts-in case of non-constitutionality exception," 2) After paragraph 19, it fills with 191-192 with the following content: "191. Complaints concerning the exceptions must be submitted directly to the constitutionality of the Constitutional Court by the judges/courts completele within the Supreme Court of Justice, courts of appeal and the courts, whose role on the cause and extent thereof will be examined as a matter of priority and, within a period not exceeding 15 days. For the examination of all the circumstances, the appeal regarding constitutionality exception shall be submitted to the Court together with the file of the case, in which the exception was raised.
192. In the appeal relating to the non-constitutionality exception of judge/panel of judges who referred the matter to the Court indicates whether exception object: a) enters the category of acts covered by article 135 paragraph 1. (1) (a). a) of the Constitution;
b) exception is raised by the parties or their representative or dispute is raised by the Court of its own motion;
c) provisions challenged to be applied to the resolution of the dispute;
d) there is a judgement of the Court's previous campaigns aimed at provisions challenged. "
3) Point 23 is completed with a new sentence with the following content: "The meeting shall also be judge, Assistant Secretary general and judicial Assistant (referrer) assisted the judge-rapporteur."
4) Section 24 shall read as follows: "24. The admissibility of the referral will be examined in closed session, without participation of the parties. "
5) Point 28 shall read as follows: "28. The appeal will be declared inadmissible where: (a)) not included in the settlement of referral Court jurisdiction;
b) there is a judgment/decision/opinion of the Court has as its object the contested provisions;
c) rules were changed or challenged repealed;
d) is manifestly unfounded the appeal;
e the exception) constitutionality have not been complied with the conditions set out in paragraph 192. "
6) in point 40, point f) shall read as follows: "(f)) judge has raised the exception of constitutionality in resolving a case on the role or part of the dispute (their representatives) if the exception was raised by the latter. If the exception of constitutionality is raised by a panel of judges, the appeal will be supported at the public tender to the Court by a judge delegate within the bench; "
7) Section 511 shall read as follows: "511. Referrals for the interpretation of the Constitution, and those by which the Constitutional Court shall decide by means of opinion will be examined in closed session, without participation of the parties, except where the Court otherwise decides. "
8) in section 512, the first sentence shall read as follows: "Device judgments concerning interpretation of the Constitution and of the opinions shall be delivered by the public."
9) shall be supplemented by a new chapter with the following contents: "(VIII). Public declarations for mass media 73. The submission of complaints, and after carrying out the Court's public meetings, declarations for release may be made only within the Court by representatives of the Court. The authors of the referral and other participants in the proceedings may make statements in the premises of the Court only with the express authorization of the Court. "
2. this decision shall be final, shall enter into force on the date of its adoption and shall be published in the Official Gazette of the Republic of Moldova.


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