Article 10 of the Constitution of Moldova

Basic Principles of Local Public Administration (1) Public administration within the administrative -territorial units shall be based on the principles of local autonomy, decentralisation of public services, eligibility of the local public administratio n authorities and consultation of citizens on local problems of special interest. (2) The concept of autonomy shall encom pass both the organisation and functioning of the local public administration, as well as the management of the communities represent ed by that administration. (3) The enforcement of the aforesaid princi ples may not alter the unitary character of the State. Article 110 Administrative -Territorial Organisation (1) The territory of the Republic of Moldova, in terms of administrative organisation, is structured in villages, towns, districts and the autonomous territorial unit of Găgăuzia. Certain towns may be declared municipalities under the law. (2) Places on t he left bank of the Dniester River may be assigned special forms and con ditions of autonomy, according to the special statutory provisions adopted by organic law. (3) The status of the capital of the Republic of Moldova, the city of Chi șinău, is regulated by organic law. [Art.110 amended by the Law no. 344 -XV of 25.07.03, MO nr.170 -172/08.08.03, art.721] Article 111 Autonomous Territorial -Unit of Găgăuzia (1) Găgăuzia is an autonomous territorial unit having a special statute and repre senting a form of self -determination of the Găgăuz ian people, constitutes an integrant and inal ienable part of the Republic of Moldova and shall solve independently, within the limits of its competence, pursuant to the provisions of the Constitution of t he Republic of Moldova, in the interest of the whole of society, the political, economic and cultural issues. (2) On the territory of the autonomous territorial unit of Găgăuzia all the rights and freedoms provided for by the Constitution and the legislati on of the Republic of Moldova shall be guaranteed. (3) Within the autonomous territorial unit of Găgăuzia there shall function representatives and executive bodies according to the law. (4) The soil, subsoil, waters, flora and fau na, as well as other natural resources on the territory of the autonomous territorial unit of Găgăuzia shall belong to the people of the Republic of Moldova and shall simultaneously constitute the economic basis of Găgăuzia. (5) The budget of the autonomo us territorial unit of Găgăuzia shall be formed in conformity with the terms established by the law, which governs the special statute of Găgăuzia. (6) The Government, under the terms of the law, performs control over the observance of the legislation of the Republic of Moldova within the autonomous territorial unit of Găgăuzia. (7) The organic law that governs the special statute of the autonomous territorial unit of Găgăuzia may be amended with the vote of three fifths of the elected members of Parlia ment. [Art. 111 amended by the Law no. 344 -XV of 25.07.03, MO nr.170 -172/08.08.03, art.721] Article 112 Village and Town Authorities (1) The public administration authorities that exercise local autonomy in villages and towns are the elected local coun cils and elected mayors. (2) The local councils and mayors function, according to the law, as autonomous administrative authorities and solve public affairs in villages and towns. (3) The procedure of electing local councils and mayors, as well as their powers and scope of competence shall be established by the law. Article 113 District Council (1) The district council shall coordinate the activity of village and town councils with the view of carrying out the public services at dis trict level. (2) Th e district council are elected and operate according to the law. (3) The relationships between the local pub lic authorities shall be based on the principles of autonomy, legality and cooperation in solving issues of common interest. CHAPTER IX JUDICIARY First Section COURTS OF LAW Article 114 Administration of Justice Justice shall be administered in the name of the law only by the courts of law. Article 115 Courts of Law (1) Justice is administered by the Supreme Court of Justice, courts of appeal and courts of law. [Art. 115 para.(1) amended by the Law no. 1471 -XV of 21.11.02, MO no.169/12.12.02, art.1294] (2) For certain categories of cases special courts of law may operate according to the law. (3) The establishment of extraordinary courts of law is forbidden. (4) The structure of the courts of law, their scope of competence and judicial procedures are l aid down by organic law. Article 116 Status of Judges (1) Judges sitting in the courts of law are in dependent, impartial and irremovable according to the law. (2) Judges sitting in the courts of law are ap pointed, according to the law, by the Presiden t of the Republic of Moldova upon proposal submitted by the Superior Council of Magis trates. Judges who successfully passed the con test shall be firstly appointed for a 5 -year term of office. After the expiration of the 5 -year term of office, the judges shall be appointed to this position until reaching the age limit fixed by the law. (3) The presidents, vice -presidents and judges of the courts of law are appointed by the President of the Republic of Moldova fol lowing a proposal submitted by the Superio r Council of Magistrates, for a 4 -year term. (4) The presidents, deputy presidents and judges of the Supreme Court of Justice are appointed by Parliament following a proposal submitted by the Superior Council of Magistrates. They must have a working tenur e as judge of at least 10 years. (5) Judges are promoted and transferred only at their own consent. (6) Sanctioning of the judges is carried out pursuant to the law. (7) The office of judge shall be incompatible with the exercise of any other public or private remunerated position, except for the didactic and scientific activity. [Art. 116 amended by the Law no. 1471 -XV of 21.11.02, MO no.169/12.12.02, art.1294] [Art. 116 modified by the Law no. 957 -XIII of 19.07.1996, MO no.54 -55/15.08.96] Article 117 Openness of Legal Proceedings Legal hearings in all courts of law are held in public. The conduct of lawsuits behind closed doors only is allowed in certain cases as pro vided for by law and in compliance with the rules of procedure. Article 118 Language of the Legal Proceedings and Right to an Interpreter (1) Legal proceedings are held in the Moldo van language. (2) Persons who do not master or are unable to speak Moldovan are entitled to be acknowledged of all documents and actions of the case-file and to speak during the trial by way of an interpreter. (3) Legal proceedings may also be conducted, under the law, in a language acceptable by the majority of persons attending the trial. Article 119 Ways of Appeal The parties involved in a trial and the com petent state bodies may lodge appeals against sentences delivered by the courts of law, under the terms of law. Article 120 Mandatory Nature of Sentences and Other Final Legal Rulings It is mandatory to abide by the sentences and other final rulings delivered by courts of law and to cooperate with the latter at their request during trials and during the enforcement of sentences and of other final judgments. Article 121 Budget of the Courts of Law, Indemnity and Other Rights (1) The budget of the courts of law is ap proved by the Parliament and is included in the state budget. (2) The indemnities and other rights of the judges shall be established by the law. (3) The courts of law shall have at their dis posal police forces. Second Section SUPERIOR COUNCIL OF MAGISTRACY Article 122 Structure (1) The Superior Council of Magistrates con sists of judges and university lecturers elected for tenure of 4 years. (2) The President of the Supreme Court of Justice, the Minister of Justice and the Prose cutor General are members de jure of the Supe rior Council of Magistrates. [Article 122 amended by the Law no. 1471 -XV of 21.11.02, MO no.169/12.12.02, art.1294] Article 123 Powers (1) The Superior Council of Magistrates shall ensure the appointment, transfer, remov al from office, upgrading and imposing of the disciplinary sentences against judges. (2) The procedure of organisation and functioning of the Superior Council of Magis trates is laid down by organic law. [Article 123 amended by the Law no. 1471 -XV of 21.11.02, MO no.169/12.12.02, art.1294] Third Section PUBLIC PROSECUTION Article 124 Powers and Structure (1) The Office of the Prosecutor represents the general interests of the society and defends rule of law and the rights and liberties of the citizens, it also supervises and exercises, ac cording to the law, the criminal prosecution and presents the accusation in the courts of law. [Art. 124 para. (1) amended by the Law no. 1471 -XV of 21.11.02, MO no.169/12.12.02, art.1294] (2) The public prosecution system includes the General Prosecutor’s Office, territorial and specialised prosecution offices. (3) The structure, scope of competence and the manner of operat ion of the prosecution of fices shall be provided for by law. Article 125 Mandate of Public Prosecutors (1) The Prosecutor General shall be appointed by the Parliament following the proposal submitted by the President of the Parliament. (2) The hierar chically inferior prosecutors are designated by the Prosecutor General and are subordinated to the latter. (3) Term of office of the prosecutor is 5 years. (4) The office of prosecutor is incompatible with any other public or private remunerated position , except for didactic and scientific ac tivity. (5) In exercising their mandate, the prosecu tors shall abide only by the law. Title IV NATIONAL ECONOMY AND PUBLIC FINANCE Article 126 Economy (1) The economy of the Republic of Moldova shall be a socially -orientated market economy based on the coexistence of freely competing private and public properties. (2) The State must ensure: a) regulation of economic activity and management of its publi c property under the law; b) freedom of commerce and entrepreneurial activity, protection of loyal competition, crea tion of a framework that would be favourable to the development of all factors of produc tion; c) protection of national interests within the economic, financial and currency activities; d) fostering of scientific research; e) rational exploitation of the soil and other natural resources, in accordance with the na tional interests; f) restoration and protection of the environ ment, as well as maintenance of ecological balance; g) increase the number of people employed, setting up of adequate conditions in order to improve the living standards; h) inviolability of investments of private indi viduals and legal entities, including those from abroad. Article 127 Property (1) The State shall protect the property. (2) The State shall guarantee to everyone the right to possess property in any such form as requested by the incumbent, as long as t hese forms do not conflict with the interests of so ciety. (3) Public property shall belong to the State or to the territorial -administrative units. (4) All the underground resources, airspace, waters and forests used to the benefit of the public at larg e, natural resources of the eco nomic regions and continental shelf, lines of communication, as well as other assets stipu lated by law, shall constitute the exclusive ob jects of public property. Article 128 Property of Foreign Citizens and Stateless Per sons (1) In the Republic of Moldova the property of foreign states, international organisations, foreign citizens and stateless persons shall be protected by the law. (2) The procedure and the terms of exercis ing the right to possess property by foreign natural and legal persons, as well as by state less persons on the territory of the Republic of Moldova shall be regulated by the law. Article 129 External Economic Activity (1) The Parliament shall approve the main directions of the external economic activity, the principles guiding the use of foreign loans and credits. (2) The Government shall ensure the protec tion of national interests involved in external economic activi ty and promote either a free -trade policy or a protectionist one, taking into account the national interests. Article 130 Financial and Crediting System (1) The formation, administration, use and control of financial resources of the State, of the territorial -administrative units and of pub lic institutions shall be regulated under the terms of law. (2) The national currency of the Republic of Moldova is the Moldovan Leu. (3) The National Bank of the Republic of Moldova is empowered with the exclu sive right to issue currency. Any issuance is carried out pursuant to the decision of the Parliament. Article 131 National Public Budget (1) The national public budget enshrines the state budget, the state social insurance budget, as well as the budget s of districts, towns and villages. (2) The Government shall work out an annual draft of the state budget, and the state social insurance budget, which shall be submitted separately to the Parliament for approval. In the event of establishment of an extra budgetary fund, it shall also be submitted to the Parliament for approval. (3) If the state budget and the state social in surance budget have not been legally approved with at least 3 days prior to the expiration of the current budgetary exercise, there the state and the state social insurance budgets of the previous year shall be applied further on, until the adoption of the new budgets. (4) Any legislative initiative or amendment, which entails the increase or diminishing of the budgetary revenues or loans, as well as the increase or curtail of the budgetary expendi tures shall be adopted following an approval of the Government. [Art. 131 para.(4) introduced by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661; para.(4) -(5) be came para.(5) -(6)] (5) The district, town and village budgets shall be drafted, approved and carried out in accordance with the law. (6) No budget expenditure may be approved without prior specification of the funding source. Article 132 Fiscal System (1) All taxes, duties, and other revenues of the state budget and of the state social insurance budget, as well as of the district, town and village budgets is established, under the law, by the competent representative bodies. (2) Any other types of tax ation are forbidden. Article 133 Court of Audit (1) The Court of Audit supervises over the procedure of formation, administration and use of the public financial resources. (2) The Court of Audit consists of 7 mem bers. (3) The President of the Court of Audit is ap pointed for a 5 -year term of office by the Parlia ment on a proposal submitted by the President of the Parliament. The members of the Court are also appointed by the Parliament upon the proposal of the President of the Parliament. (4) The Court of Audit shall annually submit to the Parliament a report on the administra tion and use of the public financial resources. (5) Other powers ascribed to the Court of Audit, as well as the procedure of its organisa tion and operation shall be es tablished by or ganic law. Title V CONSTITUTIONAL COURT Article 134 Statute (1) The Constitutional court is the sole au thority of constitutional jurisdiction in the Re public of Moldova. (2) The Constitutional Court is independent of any other publi c authority and shall abide only by the Constitution. (3) The Constitutional Court guarantees the supremacy of the Constitution, ascertains the enforcement of the principle of separation of the State powers into the legislative, executive and judiciary, a nd it guarantees the responsi bility of the State towards the citizen and of the citizen towards the State. Article 135 Powers (1) The Constitutional Court: a) exercises, upon appeal, the review of con stitutionality over laws and decisions of the Parliament, decrees of the President, decisions and ordinances of the Government, as well as over international treaties to which the Repub lic of Moldova is a party; [Art. 135, para. (1) section a) modified by the Law no.1115 - XIV of 05.07.00, MO no. 88 - 90/28.07.00, art.661] b) gives the interpretation of the Constitu tion; c) formulates its position on initiatives aimed at revising the Constitution; d) confirms the results of republican referen da; e) confirms the results of parliamentary and presiden tial elections in the Republic of Mol dova; f) ascertains the circumstances justifying the dissolution of the Parliament, the removal of the President of the Republic of Moldova or the interim office of the President, as well as the impossibility of the P resident of the Re public of Moldova to fully exercise his/her functional duties for more than 60 days; [Art. 135, para.(1) section f) amended by the Law no.1115 - XIV of 05.07.00, MO no. 88 - 90/28.07.00, art.661] g) solves the pleas of unconstitutionality of legal acts, as claimed by the Supreme Court of Justice; h) decides over matters dealing with the con stitutionality of a party. (2) The Constitutional Court carries out its activity on the initiative brought forward by the subjects provided for by th e Law on the Constitutional Court. Article 136 Structure (1) The Constitutional Court consists of 6 judges appointed for a 6 -year term of office. (2) Two judges shall be appointed by the Par liament, two -by the Government and two -by the Superior Council of Magistrates. [Art. 136 para.(2) modified by the Law no.1115 -XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] (3) The judges of the Constitutional Court elect its President by secret ball ot. Article 137 Independence For the tenure of their mandate the judges of the Constitutional Court are irremovable, independent, and abide only by the Constitu tion. Article 138 Qualifications for Appointment The judges of the Constitutional Court must possess outstanding judicial knowledge, high professional competence and a length of ser vice of at least 15 years in legal field, legal edu cation or scientific activity. Article 139 Incompatibilities The position of judge of the Constitutional Court is incompatible with holding of any other remunerated public or private position, except for didactic and scientific activity. Article 140 Judgments of the Constitutional Court (1) Laws and other normat ive acts or parts thereof become null and void from the moment of adopting by the Constitutional Court of the appropriate judgment to that effect. (2) The judgments of the Constitutional Court are final and cannot be appealed against. Title VI REVISION O F THE CONSTITUTION Article 141 Initiatives for Revision (1) The revision of the Constitution may be initiated by: a) a number of at least 200,000 citizens of the Republic of Moldova with voting rights. The citizens initiating the revision of the Consti tution must cover at least a half of the territo rial-administrative units of the second level, and in each of these units must be registered at least 20000 signatures in support of the said initiative; [Art. 141 para.(1) section a) modified by the Law n o.1115 - XIV of 05.07.00, MO no. 88 -90/28.07.00, art.661] b) a number of at least one third of the mem bers of Parliament; c) the Government. [Art. 141 para. (1) section c) excluded by the Law no.1115 - XIV of 05.07.00, MO no. 88 - 90/28.07.00, art.661; sec tion d) became section c)] (2) Draft Constitutional laws shall be sub mitted to Parliament only alongside with the advisory opinion of the Constitutional Court adopted by a vote of at least 4 judges. Article 142 Limits of Revision (1) The provisions re garding the sovereignty, independence and unity of the state, as well as those regarding the permanent neutrality of the State may be revised only by referendum with the vote of the majority of the registered citizens with voting rights. (2) No revision s hall be performed if it im plies the infringement of fundamental rights and freedoms of citizens or their guarantees. (3) The Constitution may not be revised un der a state of national emergency, martial law or war. Article 143 The Law Amending the Cons titution (1) Parliament is entitled to pass a law on amending the Constitution following at least 6 months from the date when the corresponding initiative has been submitted. The law shall be adopted by a vote of two -thirds of the mem bers of Parliament. (2) If, within a year from the date when the initiative amending the Constitution has been submitted, the Parliament did not pass the ap propriate constitutional law, the proposal shall be deemed null and void. Title VII FINAL AND TRANSITORY PROVISIONS Article I (1) This Constitution is adopted by the Par liament and shall be promulgated by the Presi dent of the Republic of Moldova within 3 days. (2) The comes into effect on 27 August 1994. On the same date, the of 15 April 1978, with its subse quent amendments and supplements shall be fully repealed. Article II (1) The laws and other normative acts are deemed valid to the extent to which they do not conflict with this Constitution. (2) Within one year from the date of coming into effect of t his Constitution, the permanent Parliament and Government committees shall examine the compliance of the legislation with the Constitution, and shall submit to the Par liament adequate proposals in that respect. Article III (1) The state institutions op erating at the date of coming into effect of this Constitution remain in operation until the establishment of new institutions. (2) The Parliament, composed of 104 mem bers elected by a freely expressed, universal, equal, direct and secret ballot under th e con ditions of political and party pluralism, in ac cordance with the Law of 14 October 1993 on the Parliament election, shall remain in opera tion until the expiry of the mandate, except for the cases provided for by this Constitution. (3) The Presiden t of the Republic of Moldova, elected for a 5 -year term of office, by a freely expressed, universal, equal, direct and secret ballot under the conditions of political and party pluralism, pursuant to the Law of 18 September 1991 on the elections of the Pre sident of the Republic of Moldova, shall remain in office until the expiry of the mandate, except for the cases provided for by this Constitution. (4) The Government vested by the Parlia ment shall fulfil its powers until the expiry of the mandate, except for the cases provided for by this Constitution. (5) Local authorities of state power and state administration shall fulfil their prerogatives until the expiry of their mandate, except for the cases provided for by this Constitution. (6) Judges who at t he date of coming into effect of this Constitution have a length of ser vice of at least 5 years in the courts of law, shall be covered by the principle of immovability, pursuant to the Article 116 para. (1), by the decree of the President of the Republic of Mol dova, upon the proposal of the Minister of Jus tice and the President of the Supreme Court of Justice. [Art.III para.(6) modified by the Law no.957 -XIII of 19.07.96, MO no.54 -55/15.08.96, art.517] (7) Within 2 years from the date of coming into ef fect of this Constitution, the system of the courts of law shall be reorganised, accord ing to the law, in compliance with Article 115. Article IV The provisions enshrined in Article 25 para. (4) related to the term of detention in custo dy should not affect, until 1 January 1995, the persons who have committed serious offences as foreseen by Article 7 1 of the Criminal Code * * Approved by the Law of 24 March 1961. Article V (1) Within 6 months following the date of coming into effect of the present Constitution, there shall be set up the Constitutional Court and the Court of Audit. (2) Judges of the first composition of the Constitutional Court shall be appointed to office, on behalf of the Superior Council of Magistrates, by the General Assembly of the People’s Judges and the members of the Supreme Court of Justice. Article VI Until the establishment of the Constitutional Court all the cases stipulated by