No Complaint Was Inadmissible. 2B / 2015 Concerning The Interpretation Of Articles 63 Para. (2), Paragraph 64. (1) And 67 Par. (2) Of The Constitution

Original Language Title: de inadmisibilitate a sesizării nr. 2b/2015 privind interpretarea articolelor 63 alin. (2), 64 alin. (1) şi 67 alin. (2) din Constituţia Republicii Moldova

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362156

No complaint was inadmissible. 2b / 2015 concerning the interpretation of Articles 63 para
. (2), paragraph 64. (1) and 67 par. (2) of the Constitution of the Republic of Moldova



Posted: 11/12/2015
in the Official Gazette

Nr. 332-339
Article No. 36
Effective Date: 11/04/2015

Constitutional Court, sitting in composition:
Mr. Alexandru Tanase, President, Mr. Aurel
BĂIEŞU, Mr. Igor
DOLEA,
Mr. Victor POPA, judges
when Mr Eugene Osipov Registrar,
Considering the complaint lodged on 26 January 2015
recorded on the same date
preliminary Examining the complaint said,
Considering documents and materials, deliberated on 4 September
2015 closed hearing
Delivers the following decision: tHE FACTS

1. On 26 January 2015, the Members of Parliament, Mrs. Zinaida Greceanii, Mr Igor Dodon, Vladimir Turcan Vasile Grigore Novac Bolea, addressed the Constitutional Court on the interpretation of Articles 63 para notification. (2), paragraph 64. (1) and 67 par. (2) of the Constitution.
A.
Two grounds for referral. The authors of the complaint requested the interpretation of constitutional provisions set out in the following aspects:
"- Meeting the formation of Parliament, convened by the President of Moldova, attributable to or considered special session, extraordinary or ordinary? - The constitution sitting of Parliament convened by the President of Moldova, may be convened, held, paused, resumed, and consumed regardless of the months specified in article 67 of the Constitution? - When consumed is considered the founding meeting of parliament after the election of the leadership and working bodies of the Parliament, or when it is closed or interrupted by the presiding judge? - If the constituting sitting was closed or discontinued without elected leadership and working bodies of the Parliament, which is the subject vested with the right to request the resumption of the session establishment (Moldovan President presiding constitution or 1 / 3 of deputies)? - What is the constitutional mechanism of realization of the right to convene the session by a third of MPs, presiding formation of Parliament, the President of Moldova, where neither the leadership nor the working members of Parliament were elected and formed ? - If the inaugural meeting was convened during the ordinary session of Parliament, interrupted and resumed between regular sessions, the provisions of article 67 par. (2) of the Constitution and who is subject to the right to request the resumption of the meeting for the establishment of Parliament? - What are the legal consequences if breached procedure for convening meetings and setting up the sessions of Parliament or in relation to acts which were adopted in them? "
B.
Relevant legislation in March. The relevant provisions of the Constitution (OJ 1994, no. 1) are:
Article 1Statul Moldova


"[...]
(3) Republic of Moldova is a democratic law, where human dignity, rights and freedoms, free development of human personality, justice and political pluralism represent supreme values ​​and are guaranteed. "

Article 2Suveranitatea and state power

"(1) National sovereignty belongs to the people of Moldova, who exercise it directly and through its representative bodies in the ways provided for in the Constitution.
[...] "

Article 60Parlamentul supreme representative and legislative

"(1) Parliament is the supreme representative body of the people of Moldova and the sole legislative authority of the state.
[...] "
Article 63Durata mandate


"(1) Parliament is elected for a term of 4 years, which may be extended by an organic law, in case of war or catastrophe.
(2) Parliament shall meet, convened by the President of Moldova, within 30 days of the election.
[...] "
Article 64Organizarea internal


"(1) The structure, organization and functioning of Parliament are established by regulation. Parliament's financial resources are provided in the budget approved by Parliament.

(2) The President of Parliament shall be elected by secret ballot by a majority of elected MPs during Parliament's mandate. It may be revoked at any time by secret vote by Parliament with a majority of at least two-thirds of all MPs.
(3) The Vice-President shall be elected to Parliament proposal, in consultation with the parliamentary factions. "
Article 67Sesiuni


"(1) Parliament meets in two ordinary sessions per year. The first session begins in February and is due in late July. The second session begins in September and is due late December.
(2) Parliament shall meet in extraordinary or special meetings at the request of the President of Moldova, the Speaker of Parliament or of one third of MPs. "
4. The relevant provisions of Regulation Parliament, adopted by Law no. 797-XIII of 2 April 1996 (republished in the Official Gazette, 2007, no. 50, art. 237), are:
Article 1Alegerea Parliament


"(1) Parliament is the supreme representative body of the people of Moldova and the sole legislative authority of the state.
[...]
(5) The newly elected Parliament shall meet in the founding meeting convened by the President of Moldova within 30 days of the election, if they were elected at least 2/3 of the total number of deputies. "

Article 2Şedinţa the formation of Parliament

"(1) The constitution sitting of the newly elected Parliament is chaired by the oldest MP, later, after the election, the President or one of the Deputy Speakers of Parliament.
(2) Acting Chairman of the Constitutional Court President offers word for presenting the report on the results of parliamentary elections and validation of the mandates of elected deputies. "
Article 3Data constitution

Parliament
"Parliament is considered legally constituted meeting of the date of incorporation."

Article 4Constituirea factions

"(1) In order to form working bodies and the organization of Parliament's work, deputies factions is made up of at least five members elected on the basis of lists of candidates and one faction of the same numerical composition of deputies elected the basis of lists of candidates who do not have the required number to form a parliamentary faction of independent MPs and / or independent MPs.
[...]
(3) Parliamentary factions is constituted within 10 days after the legal constitution of Parliament and operates its own regulation.
[...] "
Article 7Conducerea Parliament


"After the legal establishment of Parliament shall be elected President of Parliament, Vice-Presidents and formed the Permanent Bureau of the Parliament."

Article 12Formarea Parliament's Permanent Bureau

"(1) Standing Bureau of the Parliament is its working body and form, taking into account the proportional representation of the factions in Parliament. It includes its own initiative, the President and Vice. Numerical and nominal Permanent Bureau to be set by Parliament at the proposal of the parliamentary factions.
[...] "THE LAW A. The authors

referral 5. According to the authors of the referral, one of the milestones for the legal establishment and operation of Parliament is the founding meeting, in which Parliament is elected leadership and its working bodies.
June. The authors noted that the referral inaugural meeting of the newly elected Parliament on 29 December 2014, chaired by the oldest MP, did not end with the election of President legislature and working bodies.
July. The next meeting of the legislature was held on 21 January 2015 at the request of one third of MPs.
August. According to the authors of the referral, the convening of this meeting was contrary to law, or the Parliament Regulations, even if one third of MPs submitted such a request, it will be submitted to the Standing Bureau, which in this case was not made.
September. In these circumstances, according to the authors, it is unclear whether the most senior deputy, who chairs the inaugural meeting of Parliament, one third of deputies, the President of the Republic of Moldova have the right to convene the next session of Parliament for the election of working.

10. Thus, the authors elucidate these issues referral requests under Articles 63 para. (2), paragraph 64. (1) and 67 par. (2) of the Constitution.
B. The Court's assessment
11. Examining the notification in terms of admissibility, the Court notes the following.
12. The Constitutional Court exercises jurisdiction constitutional referral subjects specified in Article 25 of the Law on Constitutional Court and Article 38 of the Constitutional Jurisdiction Code.
13. Under the law, MPs are subjects entitled to notify the Constitutional Court.
14. Similarly, Article 135 para. (1) b) of the Constitution, Article 4 para. (1) b) of the Law on Constitutional Court and Article 4 para. (1) b) of the Constitutional Jurisdiction Code empowers the court of constitutional jurisdiction with the task of interpreting the Constitution.
15. Simultaneously, the Court holds that the interpretation of constitutional provisions and official acts and binding on all subjects of legal relations.
16. In several of its judgments, the Court held that the power conferred upon it by that Article 135 para. (1) b) of the Constitution requires establishing the meaning of authentic and full of constitutional norms, which can be achieved by the literal or functional, as far as can be inferred from the Constitution, given the generic nature of the rule, the concrete situations that the legislature did not have how to foresee when drafting the standard, subsequent regulations, complex situations where the rule should be applied etc.
17. Given the importance of the interpretation of constitutional provisions, the Constitutional Court deals with complaints of this nature with a special requirement. They can be accepted for examination only if the constitutional provision whose interpretation is sought, is uncertain, ambiguous or incomplete, and whether the Court has not ruled previously.
18. The Court finds that the authors have requested referral interpretation of Articles 63 para. (2), paragraph 64. (1) and 67 par. (2) of the Constitution stipulating the overall organization and functioning of Parliament.
19. From the questions, the Court notes that, in essence, is concerned how convening the meeting for the establishment of Parliament, duration, subjects the right to convene Parliament session if he was not elected President of the legislature and were not formed bodies work and assignable session at the founding meeting.
20. In this regard, the Court notes that Article 63 para. (2) of the Constitution, Parliament shall meet, convened by the President of Moldova, within 30 days of the election. The Court finds that cited constitutional norm, which regulates the first convocation of the newly elected Parliament, is exposed in a clear manner that excludes any interpretation.
21. The Court also noted that, under Article 67 para. (1) of the Constitution, Parliament meets in two ordinary sessions per year. The first session begins in February and is due in late July. The second session begins in September and is due late December.
22. According to paragraph (2) of article quoted Parliament meets in extraordinary or special meetings at the request of the President of Moldova, the Speaker of Parliament or of one third of MPs.
23. In Decision no. 23 of 6 May 1999 concerning the interpretation of Article 67 of the Constitution, the Court stated:
"Alin. (1) and (2) of the article. 67 of the Constitution forms a coherent set of rules that determine the common law of Parliament sessions. Article 67 shall be governed by the provisions of the rigorous schedule regular sessions and established a strict limitation of opportunities, timing and content of other types of sessions. "
24. The Court observes that constitutional rules on the organization and functioning of Parliament are detailed regulatory rules.
25. In this regard, the Court notes the provision of Article 64 para. (1) of the Constitution, that the structure, organization and functioning of Parliament are established by regulation.

26. In its previous decisions, the Court noted that the Parliament has full autonomy in terms of establishing legal rules that govern their organization and operation. Parliament Regulation consists of a set of legal rules designed to organize and discipline the parliamentary work on the legislative procedure, constitution of their own bodies work, appointment or investiture of the most important state institutions or public authorities. Regulatory rules are legal instruments that enable and ensure that the parliamentary work in order to fulfill the constitutional powers of Parliament.
27. The Court notes that Title I of Regulation Parliament, entitled "The establishment and functioning of Parliament", regulates the founding meeting of Parliament, the constitution of the parliamentary factions, the election of the leadership of Parliament and the establishment of the Permanent Bureau. Parliamentary sessions are regulated separately in Title II 'Conduct of the Parliament ".
28. According to art. 3 of the Regulation, Parliament is considered legally constituted meeting of incorporation dated.
29. In accordance with art. 2 of Regulation Parliament inaugural meeting of the newly elected Parliament is chaired by the most senior deputy.
30. The Court finds that the most senior deputy, who presides over the first meeting of the legislature, meets an honorary position, coordinating the first works. It does not have its organizational and decision-making and does not represent Parliament in its relations with other entities.
31. After the lawful Parliament is formed factions, the Parliament elects the President, Vice-Presidents and formed the Permanent Bureau of the Parliament.
32. The Court notes that, under the Regulation, in order to form working bodies and the organization of Parliament's work, deputies factions formed within 10 days after the legal constitution of Parliament (art. 4).
33. At the same time, examining regulatory rules, it appears that the Permanent Bureau formed only after the establishment of parliamentary factions. However, according to art. 12 of the Regulation, the Standing Bureau of the Parliament is its working body and is formed taking into account the proportional representation of the factions in Parliament.
34. From the above, the Court finds that in terms of training working bodies of the legislature on the first day of the hearing constitution there is some conditionality.
35. The Court also finds that, through constitutional norms, lack Permanent Bureau does not exclude the right of MPs (at least a third of their number) to meet in plenary sessions. However, Parliament is the supreme representative body of the people of Moldova and the sole legislative authority of the state (art. 60 of the Constitution).
36. Interpreting Article 67 of the Constitution by Decision no. 23 of 6 May 1999, the Court held that principled basis:
"constitutional rules are formulated in the imperative, which prints the provisions of art. 67 para. (2) binding. A request to convene an extraordinary or special sessions, received by either the Presidential or the Speaker or from a third of the members, is binding and therefore no working body of the Parliament is not in right to refuse convening extraordinary or special session. "
37. Also in Decision No. 5 of 28 September 2000, the Court found that only Parliament is in a position to decide on the modalities, procedures and conditions in which to take the measures, the principle of autonomy regulations, under which he sets out the organization and conduct of their activities obviously under constitutional norms.
38. Simultaneously, in Case No. 9 of May 21, 2013 the Court held that:
"55. [...] Parliament the problems and issues related to its internal organization and operation, for which the Constitution has not, has the freedom to decide autonomously autonomy is exercised by the will of the majority of members expressed through voting.
56. [...] Parliament has exclusive power to establish provisions regarding the powers of its governing bodies, to decide on the application thereof and the breach of regulatory provisions can be seen and solved exclusively ways and parliamentary procedures. "

39. In conclusion, the Court finds that the constitutional provisions whose interpretation is sought not contain ambiguities, inaccuracies or ambiguities, some of them previously interpreted by the court of constitutional jurisdiction.
40. The questions of authors notification regarding the constitution procedure of Parliament and the formation of working bodies and parliamentary autonomy relate to, respectively, the detailed regulation of these matters within the competence of the legislature.
For these reasons and guided by Articles 24 para. (1), 26 para. (1) 31 of the Law on Constitutional Court, Articles 6 par. (1) and (2), paragraph 39 . (2) 40 para. (3) and 64 of the Code of constitutional Court constitutional

DECIDED:

1. Declare inadmissible complaints concerning the interpretation of Articles 63 para. (2), paragraph 64. (1) and 67 par. (2) of the Constitution.
2. This decision is final, can not be subject to any appeal, shall enter into force upon adoption and shall be published in the Official Gazette of the Republic of Moldova.

CONSTITUTIONAL COURT PRESIDENT Alexandru Tanase