The Constitutional Court, acting as part of Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Victor PALMER, Mr. Zadrahimi, judges, with the participation of Mrs. Eugenia Mîța, Registrar, considering the appeal filed on august 1, 2016, recorded at the same time, examining the admissibility of the referral, taking into account the laws and proceedings, Acting on 5 august 2016 in the Chamber Council Pronounce the following decision : in fact 1. On 1 august 2016, Mr. Vladimir Sandy Adrian Ladani, Vlad Vasile Batrincea as Bae, Novac, deputies in the Parliament of the Republic of Moldova, addressed the Constitutional Court a complaint, asking for constitutionality Ruling Parliament. 55 from April 1 2016 with respect to the determination of the date of election of the President of the Republic of Moldova, judgment No. 206 of 29 July 2016 to amend Judgment No. 55 and the law No. 147 of 15 July 2016 regarding amendment and completion of the election code.
2. At the same time, the Court note that according to the rules of legislative technique, the provisions amending and supplementing of a legislative act is incorporated, the date of their entry into force, in the basic instrument, identifying with it. In this context, the decision of the Parliament. 206 of 29 July 2016, by which they have been modified to Judgement No. 55 in 1 April 2016, to be reported in the latter.
Reasons for referral 3. Reasons for referral, exposed by its authors, can be summarized as follows.
4. On 4 March 2016, the Constitutional Court decision No. 7, by which it declared unconstitutional certain provisions of law No. 1115 of 5 July 2000 on the modification and completion of the Constitution, the President of the Republic of Moldova, the election and the constitutional norms that invigorated the President is elected by the citizens directly. Similarly, through this decision, the Court declared the law unconstitutional. 1227-XIV of 21 September 2000 on the modification of the electoral code, with reviving the provisions which were the subject of a repeal.
5. In order to execute this decision on 18 March 2016 Parliament has set up a working group for the elaboration of the legal framework concerning the election of the President by voting based on universal, equal, direct, secret and freely expressed suffrage.
6. From 1 April 2016, Parliament passed the judgement No. 55, by which he determined the choice of the President of the Republic of Moldova for 30 October 2016. That judgment was to enter into force on 30 July 2016.
7. On 15 July 2016, Parliament adopted Law No. 147 as regards the amendment and completion of the election code, and on 29 July 2016 made changes in its judgement No. 55, substituting enters into force 30 July 2016 31 august 2016.
8. The authors of the referral considers that by decision of the Parliament. 55 from April 1 2016 shall obstruct the proceedings for election of the President of the Republic of Moldova, which is contrary to articles 23, 38, 76, 78, 79 and 80 of the Constitution. The authors also allege violations of the procedure for adopting the law. 147 as regards the amendment and completion of the election code.
B. relevant Legislation 9. The relevant provisions of the Constitution (republished in the Official Gazette, no. 2016, 78, art. 140) are as follows: Article 60Parlamentul, the Supreme representative and legislative body "(1) Parliament is the Supreme representative body of the people of the Republic of Moldova and the sole authority of the laws of the State.
[…]”


Article 72Categorii of the law "(1) Parliament shall adopt constitutional laws, organic laws and ordinary laws.
(2) constitutional laws are aimed at revising the Constitution.
(3) organic law governing the electoral system: (a));
[…]”


Article 78Alegerea of the President "(1) the President of the Republic of Moldova is elected by universal, equal, direct, secret and freely expressed suffrage.
(2) can be elected President of the Republic of Moldova citizens with voting rights who has 40 years old, resided or resides permanently in the territory of the Republic of Moldova for no less than 10 years and speaks the State language (3) Is declared elected the candidate who obtains the votes of at least half of the voters participated in the election.
(4) where none of the candidates obtains that majority, organised the second round between the top two candidates in order of number of votes obtained in the first round. It said the candidate obtained the largest number of votes, 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 determined by an organic law. "


Article 80Durata the mandate of the President's term of office lasts four years and shall be exercised by the oath.
(2) the President of the Republic of Moldova exercises his mandate until the oath-taking by newly-elected President.
(3) the term of Office of the President of the Republic of Moldova may be prolonged, by an organic law, in the event of war or catastrophe.
(4) No person shall perform the function of President of the Republic of Moldova only for no more than two consecutive terms. "
10. The relevant provisions of the electoral code no. 1381-XIII of 21 November 1997 (Official Gazette, 1997, no. 81, art. 667) are as follows: date of elections "Article 98Stabilirea (1) elections of the President of the Republic of Moldova will be carried out at least 30 days and not more than 60 days before the expiry of the term of the President in Office.
(2) in the case of the Office of President of the Republic of Moldova (in the case of resignation, dismissal, definitive inability to exercise his powers or death), the date of the election shall be determined within 2 months from the date of vacancy.
(3) Parliament shall determine the date of the election for the position of President of the Republic of Moldova at least 60 days prior to election day. "
In the authors ' Arguments AS a. referral 11. According to the authors of the referral, fix the date of election of the President of the Republic of Moldova for 30 October 2016 contravenes legal provisions.
12. in accordance with their constitutional mandate, the term of Office of the Chairman is 4 years old, to be exercised from the date the oath until the oath of the newly-elected President. Under normal conditions, the choice of President must take place within the period of 4 years.
13. In the light of the judgment of the Constitutional Court No. 7 on 4 March 2016 and that mandate President expired on March 23, 2016, the authors mention the impossibility of organizing presidential elections within the term of 4 years. In these circumstances, the authors consider that would apply, mutatis mutandis, the provisions of article 90 paragraph 2. (4) of the Constitution so that elections to be held no later than two months following the expiry of the term, i.e. until 23 May 2016.
14. At the same time, according to the authors, considering the fact that by the decision of the Constitutional Court were the provisions of the electoral code relating to revigorate the election of the President by the people, the Parliament was supposed to fix the election date taking into account the term of 45 days, as specified in art. 98 para. (1) of the electoral code, which began to run from the day that judgment of the Court.
15. Similarly, the referral is cognate to the dispute to enter into force the judgment of Parliament. 55 from April 1 2016 with respect to the determination of the date of election of the President of the Republic of Moldova.
16. The authors also dispute the referral procedure for the adoption of law No. 147 as regards the amendment and supplementing of the electoral code, namely its voting during the third reading without the deputies to be informed in a timely manner. The authors of the referral to Parliament considers that Judgment. 55 from April 1, 2016 and amendments have been made to it, and the law. 147 as regards the amendment and completion of the election code are contrary to articles 23, 38, 76, 78, 79 and 80 of the Constitution.
18. In addition, the referral is requested and an explanation of how the enforcement of the provisions of the operative part of the judgment of the Constitutional Court No. 7 on 4 March 2016, according to which "the Parliament will take without delay legislation concerning the election of the President by voting based on universal, equal, direct, secret and freely expressed," and in what period is to be conducted presidential elections.
B. assessment of the Court 19. Examining the admissibility of the referral, the Court note that under articles 135 para. (1) (a). the Constitution of 4), para. (1) (a). a) of the law on the Constitutional Court and of the implementing regulation. (1) (a). the constitutional jurisdiction of the code), the constitutionality of laws concerning referral and the competence of the Parliament of the decisions of the Constitutional Court.
20. the Court noted that articles 25 lit. g) of the law on the Constitutional Court and 38 para. (1) (a). g) of the code of constitutional jurisdiction authorizing Deputy with right to refer the matter to the Constitutional Court.
21. the Court points out that the prerogative vested in it by article 135 paragraph 1. (1) (a). the Constitution requires) in conformity with the norms of the Constitution, challenged in the light of the principle of the supremacy of the latter.

22. the authors note that referral to the Court of appeal on essentially carrying out presidential election date, citing violation of articles 23, 38, 76, 78, 79 and 80 of the Constitution.
23. the Court noted that by decision No. 7 on 4 March 2016 said unconstitutional provisions of law nr. 1115-XIV of 5 July 2000 on the modification and completion of the Constitution concerning the election of the President by Parliament with a vote of 3/5 of the number of Deputies and reinvigorated constitutional provisions concerning the election of the President by direct, secret and free suffrage, the previous amendments unconstitutional. Also, in order to avoid legislative vacuum, the Court reinforced the provisions of the electoral code regarding the procedure for the election of the President by direct vote of the citizens.
24. In order to execute the judgment referred to and to ensure a uniform legislative framework, the Court has established in its device that Parliament will adopt without delay the legislation concerning the election of the President by voting based on universal, equal, direct, secret and freely expressed suffrage.
25. the court notice that, according to article 80 paragraph 2. (1) of the Constitution, the Presidential term of office lasts four years and shall be exercised by the oath. Thus, the term of Office of the President of the Republic of Moldova, elected by vote of Parliament expressed on 16 March 2012, expired on 23 March 2016.
26. At the same time, the Court noted that under the provisions of article 80 para. (2) of the Constitution, the President of the Republic of Moldova exercises his mandate until the oath-taking by newly-elected President.
27. In Judgement No. 43 of 14 December 2000, the Court found that: "the constitutional provisions of article Subject. 80 para. (1) and (2) this interpretation is grammatical, logical-Court reveals that these rules have the meanings of the extension of the mandate of the President of the Republic after the expiry of a period of four years. Paragraph 1 of article 80 fixes the term of Office of 4 years, the provisions of paragraph 2 of the same article-inducing idea that they refer to the period beyond the term of 4 years mandate. "
28. By decision No. 43 of 14 December 2000, the Court held that in the event of vacancy of the position of President of the Republic of Moldova pursuant to article. 90 para. (1) of the Constitution in connection with expiry of the term specified in art. 80 para. (1) of the Constitution, the President of the Republic of Moldova exercises his mandate, according to art. 80 para. (2) of the Constitution, until taking the oath by the newly-elected President. Interim Office of the President of the Republic of Moldova only occurs in case of function vacancy following the resignation or dismissal of the Chairman of the temporary or definitive inability to exercise his powers or death and ensure in accordance with art. 91 of the Constitution (in order, the President of Parliament or the Prime Minister).
29. the Court finds that the 1 April 2016, by decision No. 55, Parliament has set the presidential election date for October 30, 2016.
30. the Court notes that, according to article 60 of the Constitution, the Parliament is the Supreme representative body of the people of the Republic of Moldova and the sole authority of the laws of the State. Being the sole authority of the laws of the State, pursuant to article 72 of the law on fundamental competence of Parliament to regulate the electoral system including the keep, including presidential elections, as well as referendums.
31. Therefore, the Court emphasises the role and prerogative of the legislature to establish the date of presidential elections. Moreover, in accordance with paragraph 1. (6) article. 78 of the Constitution, the Parliament has full power to regulate this matter, subject to constitutional principles.
32. Furthermore, the Court noted that, in order to execute the ruling of the Constitutional Court No. 7 on 4 March 2016, Parliament, law No. 147 of 15 July 2016, has operated the necessary amendments to the electoral code, the changes that have been surveyed at the Venice Commission.
33. At the same time, examining the appeal, the Court finds that it does not contain any definite position of the authors of the following presidential elections to take place. The Court finds, in the referral, only elucidate the circumstances of fact and the lack of a causal link between the problem of the presidential election and regulatory fields contained in articles 23, 38, 76, 78, 79 and 80 of the Constitution.
34. In the context of the fact that the referral are reflected only the circumstances of fact, the Court reiterates the provisions of art. 31 para. (3) of the law on the Constitutional Court and the "". (3) of the code of constitutional jurisdiction, according to which the Constitutional Court shall examine exclusively legal questions.
35. the Court recalls that a legal provision may constitute the object of the constitutional jurisdiction only where the alleged constitutional rules have impact on the contested rules.
36. Also with reference to alegația concerning the voting law. 147 as regards the amendment and completion of the election code in the third reading without informing in advance of the deputies, the Court finds that the alleged problem of organizing the work of the Parliament, which is beyond the scope of constitutional jurisdiction. In its constant jurisprudence, the Court noted that, in accordance with the principle of the autonomy of the regulations provided for in article 64 para. (1) of the Constitution, the Parliament has the right of disposal in respect of their own organization and procedures for the conduct of parliamentary works.
37. In addition, in part to explain why the execution of the judgment of the Constitutional Court No. 7 on 4 March 2016, i.e. that there are procedures to be followed, the time limits for the conduct of the presidential election, the Court noted that these issues outside of the object of the judgment. At the same time, the Court reiterates that under article 78 paragraph 1. (6) of the Constitution, the procedure of electing the President of the Republic of Moldova shall be established by organic law.
38. In conclusion, the court notice that, in the absence of incidence of disputed constitutional norms on the provisions, the appeal does not meet the conditions for eligibility and cannot be accepted for examination.
For these reasons, pursuant to articles 26, paragraph 2. (1) and 31 of the law on the Constitutional Court, articles 61 para. (1) and (3), 64 of the code of constitutional jurisdiction and item 28 lit. d) of the regulation on the procedure for examining complaints lodged with the Constitutional Court, the Constitutional Court

D E C I D E: 1. It is hereby declared inadmissible the appeal concerning the control on notification constitutionality Ruling No. 55 of Parliament April 1 2016 with respect to the determination of the date of election of the President of the Republic of Moldova and the law No. 147 of 15 July 2016 on amendments to the electoral Code and Supplement No. 1381-XIII of November 21, 1997.
2. 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.