CCRM

Constitution of Moldova

Constitution of the Republic of Moldova


Inkraft seit 1994-08-19, gültig bis vor 2002-12-12

Artikel 115
Courts

(1) Justice shall be carried out by the Supreme Court of Justice, the Court of Appeal, the courts and the judges.


(2) Specialised judges may operate, according to the law, for certain categories of cases.


(3) The establishment of extraordinary courts is prohibited.


(4) The organization of the courts, their jurisdiction and the judicial procedure are determined by organic law.


 

Inkraft seit 2002-12-12

Artikel 115
Courts

(1) Justice is administered through the Supreme Court of Justice, the courts of appeal and the judges.


(2) For certain categories of cases, specialized judges may function, according to the law.


(3) The establishment of extraordinary courts is prohibited.


(4) The organization of the courts, their competence and the trial procedure are established by organic law.

Monitorul Oficial (MD)
Teil
2002
2002-11-21
Nr. 1


Artikel I

Unique article. - Articles 17, 18 and 19 of the Constitution of the Republic of Moldova, adopted on July 29, 1994 (Official Gazette of the Republic of Moldova, 1994, no. 1), as subsequently amended, shall have the following content:

Article 17

Citizenship of the Republic of Moldova

 

(1) The citizenship of the Republic of Moldova is acquired, preserved or lost under the conditions provided by the organic law.

 (2) No one may be arbitrarily deprived of his nationality nor denied the right to change his nationality.

 

Article 18

Protection of the citizens of the Republic of Moldova

 

(1) The citizens of the Republic of Moldova benefit from the protection of the state both in the country and abroad.

(2) The citizens of the Republic of Moldova may not be extradited or expelled from the country.

 

Article 19

Legal status of foreign nationals and stateless persons

 

(1) Foreign citizens and stateless persons have the same rights and duties as citizens of the Republic of Moldova, with the exceptions established by law.

(2) Foreign nationals and stateless persons may be extradited only on the basis of an international convention, in conditions of reciprocity or on the basis of a court decision.

(3) The right of asylum shall be granted and withdrawn in accordance with the law, in compliance with the international treaties to which the Republic of Moldova is a party. "

 

Unique article. -Article 70 paragraph (1) of the Constitution of the Republic of Moldova, adopted on July 29, 1994 (Official Gazette of the Republic of Moldova, 1994, no. 1), with subsequent amendments, is finally supplemented with the text ", except for teaching and scientific activity. "

Art. 1. - The Constitution of the Republic of Moldova, adopted on July 29, 1994 (Official Gazette of the Republic of Moldova, 1994, no. 1), with subsequent amendments, shall be amended as follows:

1.1 In Article 115, paragraph 1 shall read as follows:

"(1) Justice is administered by the Supreme Court of Justice, the courts of appeal and the judges."

2. Article 116 shall read as follows:

 

Article 116

Status of judges

 

(1) The judges of the courts are independent, impartial and irremovable, according to the law.

(2) The judges of the courts shall be appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy, in accordance with the law. The judges who held the competition are appointed for the first time for a term of 5 years. After the expiration of the term of 5 years, the judges will be appointed until the age limit, established in accordance with the law, is reached.

(3) The presidents and vice-presidents of the courts are appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Magistracy, for a term of 4 years.

(4) The president, vice-presidents and judges of the Supreme Court of Justice are appointed by the Parliament at the proposal of the Superior Council of Magistracy. They must have been a judge for at least 10 years.

(5) The promotion and transfer of judges shall be made only with their consent.

(6) The sanctioning of judges shall be made in accordance with the law.

(7) The position of judge is incompatible with the exercise of any other remunerated function, except for the didactic and scientific activity. "

3. Articles 122 and 123 shall read as follows:

 

Article 122

Composition

 

(1) The Superior Council of Magistracy is composed of judges and full professors elected for a term of 4 years.

(2) The Superior Council of Magistracy includes by right: the President of the Supreme Court of Justice, the Minister of Justice and the General Prosecutor.

 

Article 123

Powers

 

(1) The Superior Council of Magistracy ensures the appointment, transfer, secondment, promotion and application of disciplinary measures against judges.

(2) The manner of organization and functioning of the Superior Council of Magistracy shall be established by organic law. "

 

Art. 11. - (1) The judicial system shall be reorganized in accordance with this

law within 6 months of its entry into force.

(2) The judges of the liquidated courts shall be appointed to the position in the existing or newly formed courts.