The Constitutional Court, acting as part of Mr. Alexandru Tanase, President, Mr. Aurel BĂIEŞU, Mr. Mr. Talal Igor DOLEA, GEOGRAPHIC LOCATION, Mr. Victor PALMER, Mr. Zadrahimi, judges, with the participation of Mrs. Eugenia Mîța, Registrar, taking into account the appeal lodged on 16 November 2016, recorded at the same time, examining the admissibility of the referral, taking into account the laws and proceedings, Acting on 22 November the Council room 2016 the next decision, a decision: in fact 1. On 16 November 2016, interim Attorney General, Eduard Harunjen, has asked the Constitutional Court to interpret the referral of Articles 122 and 125 from the Constitution of the Republic of Moldova.
A. reasons for referral 2. The author of the referral requested the interpretation of constitutional provisions set out under the following points: "1. The interim Attorney General to participate and to be part of the Superior Council of magistrates?    2. Can an Attorney General to appoint interim prosecutors inferior if compliance with all legal procedures and to exercise other functions without any limitations? "
B. relevant Legislation 3. The relevant provisions of the Constitution (republished M.O., 2016, no. 78, 140) are as follows: Article 122Componenţa [Superior Council of Magistracy (SCM)] "(1) the Superior Council of Magistracy consists of professors and judges elected for a term of 4 years.
(2) the Superior Council of Magistracy shall form part of the law: the President of the Supreme Court of Justice, the Minister of Justice and Attorney General. "


Article 124Atribuţiile and structure [the Prosecutor] "(1) the Prosecutor represents the general interests of the society and defends legal order, as well as the rights and freedoms of citizens, and exercise their prosecution, represents prosecution in courts according to the law.
(2) the public prosecution System, territorial prosecution offices and specialised prosecution offices.
(3) the Organization, competence and conduct the activity of the Prosecutor's Office are determined by law. "


Article 125Mandatul prosecutors "(1) the Attorney General is appointed by Parliament, at the proposal of its President.
(2) public prosecutors shall be appointed by the Attorney General and I am accountable.
(3) the term of Office is five years prosecutors.
(4) the Office of public prosecutor is incompatible with any other public or private office, except for didactic and scientific activity.
(5) in exercising their powers public prosecutors are subject only to the law. "
4. The relevant provisions of law No. 294-XVI dated 25 December 2008 with regard to Prosecution (repealed from 1 august 2016 through law No. 3/2016) are as follows: Article 27Procurorul General (1) the Attorney General is leading the prosecution.
(2) the Attorney General: (a) the Prosecutor's Office) is dealing with other public authorities with legal entities and individuals in the country and abroad;
b) prosecutors called inferior, exercised either directly or through his deputies or prosecutorial control over subordinates, prosecutorial activity;
c) issues in written orders, and methodological instructions and enforceable regulations, approve regulations;
d) revokes, suspends or annuls the acts issued by the prosecutors that conflict with the law;
e) lays down, in accordance with the structure approved by the Parliament, the organisation of prosecution, shall allocate funds for their functioning;
f) requires legal bodies which have competence in the discovery and prosecution of criminal offences, as well as in the performance of operative investigation activity, the conferral of persons specialized in domain to perform, under the direct leadership and under the control of the procedural acts, prosecutors conferred by law;
(g) refer the matter to the Constitutional Court) concerning the constitutionality of laws, Presidential decrees, Government decisions and ordinances;
h) conferring the prosecutors, according to the law, degrees of classification and special military ranks;
I) decide on the powers and obligations of Prime and his deputies, Deputy and other subordinated prosecutors;
j) convene meetings, prosecutors lower on an annual basis or whenever the need arises;
k) is the officer of finances, manages assets of the Prosecutor.
(3) the Attorney General shall submit an annual report to Parliament on the State of legality and rule of law in the country, as well as about measures taken to redress them. The Attorney General's report is made public and shall be placed in the internet on the official website of the Prosecutor.


Article 28Prim-the Deputy Attorney General and deputies (1) and two Deputy Prime Deputy Attorney General: a) organise and conduct the basic activities of prosecution according to competence;
b) exercise other duties at the Attorney General's decision.
(2) in the absence of the Attorney General or unable to exercise his functions, his powers are exercised by the Prime Deputy, and in his absence, by a Deputy, under an order issued by the Attorney General.
5. The relevant provisions of law No. 3 of 25 February 2016 on Prosecutor's Office (Official Gazette, no. 2016, 69-77, art. 113) are as follows: Article 1 the Prosecutor "the Prosecutor is a public autonomous institution within the framework of judicial authority that, in criminal proceedings and other procedures provided for by law, shall contribute to the observance of the rule of law, justice, protection of rights and legitimate interests of the person and of society."


Article 11Atribuțiile the Attorney General "(1) the Attorney General shall have the following powers: (a) the Prosecutor's Office) is the other public authorities with legal and physical persons in the country and abroad;
b) on a proposal from the Superior Council of the prosecutors, called depending on prosecutors;
c) exercising control over the activity of prosecutors;
d) sets out the areas of competence (powers) of the Exchange;
e) approves the Prosecutor, to be published in the Official Gazette of the Republic of Moldova;
f) issue, in writing, approve orders and provisions, regulations and methodological recommendations;
g) shall, with the written consent of the Superior Council of public prosecutors, the internal structure of procuraturilor;
h) requires agreement to start criminal prosecution or, where appropriate, start prosecuting cases stipulated by law;
I refer the matter to the Constitutional Court) in compliance with the law;

j) organizes and implements the system of financial management and internal control and management is responsible for the administration of the budget of the institution and the public patrimony located in the discharge;
k) exercise other powers provided by law.
(2) within three months after his appointment, the Attorney General shall appoint them on his deputies, they allocate their fields of competence and its replacement by the order of the Assistant in the absence or inability of the exercise of its functions. Where the Attorney General has not established the order of the replacement Assistant Attorney-General, the functions will be exercised by the Deputy law with the greatest seniority in the post of public prosecutor.
(3) the Attorney General shall submit annually to the Parliament, until 31 March of the current year, a report on the work of the Prosecutor's Office in the previous year. The report can be heard in Parliament, is made public and shall be placed on the official website of the Prosecutor General's Office. "
In the author's Arguments AS a. referral 6. The author of the referral argues that the activity of the Prosecutor's Office have been attested instances when an extended period of time the post of Attorney General has been exercised through interim Prime Deputy Attorney General. Interim exercised currently is determined by the Attorney General's resignation.
7. At the same time, institutions treating different institution "interim". Thus, until this moment doesn't recognize the right CSM Attorney General is part of the interim agreement, in law, in the MSC.
8. The author of the referral considers that, if the interim was established in strict accordance with the law, there should be no limitation of powers. Otherwise you could be blocked for a period, the work of the whole system of the Prosecutor's Office.
B. Assessment Of The Court 9. Examining the admissibility of the referral, the Court retains the following.
10. paragraph 1 of article 135. (1) letter b) of the Constitution, article 4 para. (1) letter b) of the law on the Constitutional Court and article 4 para. (1) letter b) of the Code empowers the Constitutional Court jurisdiction of constitutional jurisdiction with responsibility for the interpretation of the Constitution.
11. In many of its ruling, the Court noted that the prerogative vested in it by article 135 paragraph 1. (1) letter b) of the Constitution requires the authentic meaning and of constitutional norms, which can be done through textual interpretation or functioning, insofar as they can be inferred from the text of the Constitution, taking into account the generic nature of the rule, the concrete situations that the legislature did not provide them at the time of drafting the rule, the regulations adopted pursuant thereto, the complex situations in which the rule must be applied, etc. Please note that Court's interpretation of constitutional provisions Act officially and legally binding character for all the subjects of legal relations. Given the importance of interpreting constitutional norms, the Constitutional Court deals with complaints of this nature with a particular requirement. They can be accepted for the examination only if the constitutional disposition, whose interpretation is sought, is uncertain, ambiguous or incomplete.
13. the Court finds that the author has requested the referral of Articles 122 and 125 's interpretation of the Constitution for the purpose of explaining the powers of the interim Attorney General.
14. the Court points out that the Prosecutor's Office is an institution of constitutional rank, being governed by articles 125-127 of the Constitution.
15. the Court retains the important role of the Prosecutor in the State authorities and the protection of the liberty of the person. The Prosecutor is a public institution that, in criminal proceedings and other procedures provided for by law, shall contribute to the observance of the rule of law, protection of rights and legitimate interests of the individual, society and the State.
16. the Court noted that, according to article 124 paragraph 1. (3) of the Constitution, the Organization, competence and conduct the activity of the Prosecutor's Office shall be established by law.
17. In this regard, the Court notes that, according to article 28, paragraph 1. (2) of law No. 294 from 25.12.2008 on Prosecutor's Office, in force until 1 august 2016, under which it was set up in the interim of the Office of the Prosecutor General, in the absence of the Attorney General or unable to exercise his functions, his duties shall be performed by the Deputy Prime, and in his absence, by a Deputy, under an order issued by the Attorney General. Thus, under the law, the Acting Attorney General has taken over the functions of the holder in full neinstituind, law no limitation in this regard. In the same sense, according to para. (2) of article 9. 11 of law No. 3 of 25 February 2016 on Prosecutor's Office, in force since 1 august 2016, the Attorney General shall appoint his deputies, we shall allocate areas of competence and its replacement by the order of the Assistant in the absence or inability of the exercise of its functions. At the same time, the law lays down that, if the Attorney General has not defined the order of substitution by the Assistant Attorney-General, the functions will be exercised by the Deputy law with the greatest seniority in the post of public prosecutor.
19. In this context, the Court note that entry into force of the new law does not affect the interim Board established under the law in force at the date of the occurrence of vacancy of the position of attorney general.
20. Thus, the Court finds that the legislature, in both the old law and the new law has established that interimarul take over the competences of the holder as wholeness.
21. Therefore, do not require constitutional interpretation, being developed by express legal provisions which have not been challenged and enjoys a presumption on notification constitutionality.
For these reasons, pursuant to article 26 of the law on the Constitutional Court, articles 61 para. (3) and 64 of the code of constitutional jurisdiction, the Constitutional Court DECIDES: 1. the appeal is rejected as inadmissible the interim Attorney General, Edward Harunjen, concerning the interpretation of Articles 122 and 125 from the Constitution of the Republic of Moldova.
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.

THE PRESIDENT OF THE CONSTITUTIONAL COURT