Moldovan top court delivers interpretation of some articles of Constitution

Chisinau, 19 November /MOLDPRES/- Today, the Constitutional Court delivered the operative part of Decision No28 for the interpretation of some articles from the Constitution of the Republic of Moldova. Thus, the parliament is forbidden to establish a temporary regulation for the examination of draft laws and amendments without amending the Legislative Regulation, adopted by organic law.

Interpreting the meaning of Article 73 of the Constitution, the Constitutional Court has ruled that MPs may table amendments to draft laws on the basis of their right to legislative initiative. The Constitution prohibits Parliament from rejecting, on the basis of the provisions of the temporary regulation, amendments tabled by Members. Failure to comply with this restriction is a violation of the right of Members to legislative initiative, guaranteed by the Constitution.

Also, interpreting the meaning of article 131 (4) of the Constitution, the Parliament is obliged to request the opinion of the Government regarding the amendments submitted in the procedure provided by article 131 (4) of the Constitution only if the amendments correspond to the conditions of admissibility established by Parliament's Rules of Procedure. The Constitution obliges the government to approve the amendments sent by the parliament based on the procedure provided by article 131 (4) Constitution.

Under the article 131 (4) of the Constitution, if the MPs' amendments aiming at increasing or reducing the budget revenues or expenditures do not meet the admissibility conditions laid down in Parliament's Regulation, the Constitution allows the legislature to reject them, without seeking the government's opinion.

The decision of the Constitutional Court is final, cannot be subject to any appeal, enters into force on the date of adoption and is published in the Official Journal of the Republic of Moldova.