Parliament adopts this constitutional law.

(Redactie Lex7: The following text has been changed by font size and colors, to make it easier to read it)

Art. I. - The Constitution of the Republic of Moldova, adopted on July 29, 1994, (Official Gazette of the Republic of Moldova, 1994, no. 1) is amended and supplemented as follows:       

1. In Article 74:

a new paragraph 3 is inserted after paragraph 2, with the following wording:

"(3) The draft laws presented by the Government, as well as the legislative proposals of the deputies accepted by it shall be examined by the Parliament in the manner and according to the priorities established by the Government, including in emergency procedure. Other legislative proposals shall be examined in the established manner.";

 paragraph 3 shall become paragraph 4.

2. Article 78 shall read as follows:

"Article 78

Election of the President

(1) The President of the Republic of Moldova is elected by the Parliament by secret ballot.

[Point 2 para. (1) declared unconstitutional by HCC7 of 04.03.16, MO59-67 / 18.03.16 art.10; effective 04.03.16]

(2) The citizen with the right to vote who is 40 years old, has lived or permanently resides on the territory of the Republic of Moldova for not less than 10 years and possesses the state language may be elected President of the Republic of Moldova.

(3) The candidate who obtained the vote of three fifths of the number of elected deputies shall be elected. If no candidate has obtained the required number of votes, a second ballot shall be held between the first two candidates established in the order of the decreasing number of votes obtained in the first round.

[Point 2 para. (3) declared unconstitutional by HCC7 of 04.03.16, MO59-67 / 18.03.16 art.10; effective 04.03.16]

(4) If in the second round no candidate will meet the required number of votes, repeated elections shall be held.

[Point 2 para. (4) declared unconstitutional by HCC7 of 04.03.16, MO59-67 / 18.03.16 art.10; effective 04.03.16]

(5) If even after the repeated elections the President of the Republic of Moldova will not be elected, the President in office dissolves the Parliament and establishes the date of the elections in the new Parliament.

[Point 2 para. (5) declared unconstitutional by HCC7 of 04.03.16, MO59-67 / 18.03.16 art.10; effective 04.03.16]

(6) The procedure for electing the President of the Republic of Moldova is established by organic law. "

3. In Article 80, a new paragraph 4 is inserted, with the following wording:

(4)No person may hold the office of President of the Republic of Moldova except for a maximum of two consecutive terms."

4.Articles 82 and 83 are excluded.

5. In Article 85, paragraph 4 shall read as follows:

(4) The Parliament may not be dissolved in the last 6 months of the mandate of the President of the Republic of Moldova, except for the case provided in art. 78 paragraph (5), nor during the state of emergency, siege or war."

[Point 5 of the phrase ", except for the case provided for in art. 78 para. (5)" declared unconstitutional by HCC7 of 04.03.16, MO59-67 / 18.03.16 art.10; effective 04.03.16]

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6. Article 89 shall read as follows:

"Article 89

dismissal

(1) In case of committing deeds in violation of the provisions of the Constitution, the President of the Republic of Moldova may be dismissed by the Parliament with the vote of two thirds of the number of elected deputies.

(2) The dismissal proposal may be initiated by at least one third of the deputies and shall be brought without delay to the attention of the President of the Republic of Moldova. The President may give explanations to the Parliament and the Constitutional Court concerning the facts imputed to him. "

[Point 6 declared unconstitutional by HCC7 of 04.03.16, MO59-67 / 18.03.16 art.10; effective 04.03.16]

7. In Article 90:

a new paragraph 3 is inserted with the following content:

"(3) The impossibility of exercising the attributions for more than 60 days by the President of the Republic of Moldova is confirmed by the Constitutional Court within 30 days from the notification.";

in paragraph 3, which shall become paragraph 4, the figure "3" shall be replaced by the number "2";

8. In Article 91 the word "suspended" is replaced by the word "dismissed".

9. In Article 98:

paragraph 1 shall read as follows:

"(1) After consulting the parliamentary factions, the President of the Republic of Moldova shall appoint a candidate for the position of Prime Minister.";

in paragraph 3, after the word "Members", the word "elected" is inserted;

a new paragraph 4 is inserted after paragraph 3, with the following wording:

"(4) On the basis of the vote of confidence granted by the Parliament, the President of the Republic of Moldova shall appoint the Government.";

paragraph 4 becomes paragraph 5;

a new paragraph 6 is finally inserted, with the following wording:

"(6) In case of governmental reshuffle or vacancy of office, the President of the Republic of Moldova revokes and appoints, at the proposal of the Prime Minister, some members of the Government."      

10. In Article 100, the word "dismissal" is replaced by the word "revocation".

11. In Article 101:

the last sentence, followed by a full stop, is excluded from paragraph 1;

in paragraph 2, the first sentence, which ends with the words "the new Government." is replaced by the text "In case of impossibility of the Prime Minister to exercise his duties or in case of his death, the President of the Republic of Moldova will appoint another member of the Government as interim Prime Minister until the formation of the new Government."

12. Article 102 shall read as follows:

"Article 102

Government acts

(1) The Government adopts decisions, ordinances and dispositions.

(2) The decisions are adopted for the organization of the execution of the laws.

(3) The ordinances are issued under the conditions of article 1062.

(4) The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers who have the obligation to implement them and shall be published in the Official Gazette of the Republic of Moldova. Non-publication entails the non-existence of the decision or ordinance.

5. The provisions shall be issued by the Prime Minister for the organization of the internal activity of the Government. "

    

13. In Chapter VII, finally, two new articles are introduced, 1061 and 1062, with the following content:

"Article 1061

Government accountability

(1) The Government may assume responsibility before the Parliament on a program, a general policy statement or a draft law.

(2) The Government is dismissed if the motion of censure, submitted within 3 days from the presentation of the program, the general policy statement or the draft law, was voted under the conditions of article 106.

(3) If the Government has not been dismissed in accordance with paragraph 2, the bill presented shall be deemed adopted and the program or general policy statement shall become binding on the Government.

Article 1062

Legislative delegation

(1) In order to carry out the activity program of the Government, the Parliament may adopt, at its proposal, a special law empowering the Government to issue ordinances in areas that are not subject to organic laws.

(2) The enabling law shall establish, obligatorily, the field and the date until which ordinances may be issued.

(3) The ordinances enter into force on the date of publication, without being promulgated.

(4) If the enabling law requires it, the ordinances are subject to the approval of the Parliament. The draft law on the approval of ordinances is presented within the term established in the empowerment law. Failure to comply with this deadline will result in termination of the effects of the ordinance. If Parliament does not reject the draft law on the approval of ordinances, they remain in force.

5. After the expiration of the term established for the issuance of ordinances, they may be abrogated, suspended or amended only by law. "

    

14. In Article 124, paragraph 1 shall read as follows:

"(1) The prosecutor's office represents the general interests of the society and defends the rule of law, as well as the rights and freedoms of the citizens, conducts and exercises the criminal investigation, represents the accusation in the courts under the law."

15. In Article 131:

            after paragraph 3, a new paragraph 4 is inserted, with the following wording:

          "(4) Any legislative proposal or amendment attracting an increase or decrease in budget revenues or loans, as well as an increase or reduction in budget expenditures may be adopted only after they have been accepted by the Government.";

         paragraphs 4 and 5 shall become paragraphs 5 and 6 respectively.

16. In Article 135 (1):

            in point (a), the word "regulations" shall be excluded and the word "provisions" shall be replaced by the word "ordinances";

            letter f) will have the following content:

            "f) ascertains the circumstances that justify the dissolution of the Parliament, the dismissal of the President of the Republic of Moldova or the interim position of President, as well as the impossibility of the President of the Republic of Moldova to exercise his attributions for more than 60 days;".

17. In Article 136 (2), the word "President of the Republic of Moldova" is replaced by the word "Government".

18. In Article 141 (1):

            in letter a), the text "districts and municipalities" shall be replaced by the text "level 2 administrative-territorial units", and the figures "5000" shall be replaced by the figures "20000";

            letter c) is excluded;

            letter d) becomes letter c).