MoldovaMD

Article 86 of the Constitution of Moldova

Article
86
Index row title
para. (2) and Article 87 para. (2), (3) and (4) shall be countersigned by
Source document
Moldova Constitution
Provision ID
167a453b-8474-4345-af9e-cb13dd45c7bb

1,477 words

Verbatim text

the Prime -Minister. Article 95 Financial Resources of the Staff of the President, Indemnity and Other Rights (1) Financial resources of the staff of the President of the Republic of Moldova are approved by Parliament and are included in the state budget. (2) The indemnity and other rights ascribed to the President of the Republic of Moldova shall be established by the law. CHAPTER VI GOVERNMENT Article 96 Role of the Government (1) The Government ensures the carrying out of the state internal and external policy and shall exercise the general management of the public administration. (2) In the exercise of its prerogatives, the Government shall be guided b y its programme of activity endorsed by the Parliament. Article 97 Structure The Government consists of a Prime -Minister, a first Vice -Prime -Minister, Vice - Prime -Ministers, ministers and other mem bers, as determined by organic law. Article 98 Inves titure (1) The President of the Republic of Mol dova designates a candidate for the office of Prime -Minister following consultations with parliamentary fractions. [Art. 98 para.(1) amended by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] (2) The candidate for the office of Prime -Minister shall request, within 15 days follow ing the designation, the vote of confidence of the Parliament over the programme of activity and the entire list of the members of the Government. (3) The programme of activity and the list of the members of Government are subject to parliamentary debates in session. It shall grant confidence to the Government with the vote of majority of the elected members of Parlia ment. [Art. 98 para. (3) modified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] (4) On the basis of the vote of confidence granted by the Parliament, the President of the Republic of Moldov a shall appoint the Government. [Art. 98 para. (4) introduced by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661; para.(4) became para.(5)] (5) The Government shall enter into the ex ercise of its powers on the very day of taking the oath by its members before the President of the Republic of Moldova. (6) In the event of the governmental reshuf fle or vacancy of office, the President of the Republic of Moldova shall revoke and appoint, upon the proposal of the Prime - Minister, some members of the Government. [Art. 98 para.(6) introduced by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 99 Incompatibilities (1) The office of the member of Government shall be incompatible with the holding of any other remunerated position. (2) Other incompatibilities shall be specified by organic law. Article 100 Termination of Office of the Member of Government The office of the member of Government shall cease in the event of resignation, revoca tion, incompatibility or death. [Art. 100 modified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 101 The Prime Minister (1) The Prime -Minister exercises the leader ship of the Government and coordinates the activity of its members, abiding by the powers delegated to them. [Art.101 para. (1) modified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] (2) In case of impossibility of the Prime -Minister to exercise his/her functional duties or in case of his/her death, the President of the Republic of Moldova shall designate another member of the Government to fulfil the interim office of Prime - Minister until the forma tion of the n ew Government.The interim office for the period of impossi bility to perform functional duties shall cease whether the Prime Minister resumes his/her activity within the Government. [Art.101 para. (2) modified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] (3) In the event of resignation of the Prime -Minister, the whole Government leaves the office. Article 102 Acts of the Government (1) The Government adopts decisions, ordi nances and regulations. (2) Decisions are adopted to ensure enforce ment of laws. (3) Ordinances are issued according to the provisions of Article 106 2. (4) Decisions and ordinances adopted by the Government are signed by the Prime Minister, countersigned by the ministers bearing the responsibility to put them into effect and shall be published in “Monitorul Oficial al Republicii Moldova” . Failure to publish the decision and ordinance entails its nullity. (5) Regulations are issued by the Prime -Minister for the organisation of the internal activity of the Government. [Art. 102 amended by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 103 Termination of Office (1) The Government shall exercise its man date up to the date of validation of the election of the new Parliament. (2) In cases where Parliament has passed a vote of no confidence in the current Govern ment, or the Prime Minister has been removed from office, or as provided for by para. (1) above, the Government shall only control the administration of the public affaire until the new Government has been sworn in. CHAPTER VII RELATIONSHIP BETWEEN PARLIAMENT AND GOVERNMENT Article 104 Informing the Parliament (1) The Government is responsible before the Parliament and shall provide information and documents requested by the Parliament, its committees and its members. (2) The members of the Government have access to the Parliament sessions. Their at tendance sh all be mandatory if so requested. Article 105 Questions and Interpellations 1) The Government as a whole and each of its members are bound to reply to the questions or interpellations rose by the members of Parliament. (2) Parliament may pass a motio n to formu late its point of view regarding the issue of in terpellation. Article 106 Vote of No Confidence (1) The Parliament, upon the proposal of at least a quarter of its members, may express no confidence to the Government, with the vote of the major ity of the members of Parliament. (2) The initiative to express a vote of no con fidence shall be examined within 3 days from the date of its submission to Parliament. Article 1061 Assumption of Responsibility by the Government (1) The Government may assume respon sibility before the Parliament upon a pro - gramme, a statement of general policy or a draft law. (2) The Government is dismissed if a mo tion of censure, brought before within 3 days following the date of presentation of the pro gramme, of st atement of general policy or of the draft law, has been passed in terms of Ar ticle 106. (3) If the Government has not been dis missed pursuant to para. (2), the lodged draft law is considered to be adopted, and the pro gramme or the statement of general p olicy be comes mandatory for the Government. [Article 106/1 introduced by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] Article 1062 Legislative Delegation (1) With the view of carrying out the activity programme of the Government, the Parliament may adopt, upon Government’s proposal, a special law enabling the Government to issue ordinances in the fields which do not fall within the scope of organic laws. (2) The enabling law shall compulsorily es tablish the field and the date by which ordinances may be issued. (3) Ordinances shall enter into force on the date of their publication, without being promulgated. (4) If the enabling law so require, ordinances are submitted to Parliament for approval. The draft law on the approval of ordinances shall be presented within the term established in the enabling law. Non -compliance with the term entails the discontinuation of the effects of the ordinance. If the Parl iament does not decline the draft law on the approval of ordinances, the latter shall remain in force. (5) Following the expiry of the timeframe stipulated for the issue of orders, the orders may only be annulled, suspended or amended by law. [Article 10 6/2 introduced by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] CHAPTER VIII PUBLIC ADMINISTRATION Article 107 Specialized Central Public Administration (1) Specialized central bodies of the State are ministries. They shall bring into practice, according to the law, the policy of the Govern ment, its decisions and orders, as well as lead the entrusted fields of activity and are respon sible for their activities. (2) In order to lead, coordinate and exercise the control the nationa l economy, as well as other fields, which do not directly fall within the competence of the ministries, other ad ministrative authorities shall be set up, according to the law. Article 108 Armed forces (1) The armed forces shall be exclusively subordin ated to the will of the people, to safeguard the sovereignty, independence, unity and territorial integrity of the country and of the constitutional democracy. (2) The structure of the national system of defence is established by organic law.

What this means

  • The index files this text under article 86 of the Constitution of Moldova.
  • The passage runs to about 1,477 words.

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