# Article 10 of the Constitution of Moldova

- Jurisdiction: Moldova (MD)
- Article: 10
- Source document: Moldova Constitution
- Canonical (HTML): https://www.portablelaw.com/provision/a82199fb-b7af-4456-ac20-7b57f515188c
- This document: https://www.portablelaw.com/provision/a82199fb-b7af-4456-ac20-7b57f515188c/md
- Constitution: https://www.portablelaw.com/countries/ba415dee-6570-4d7a-ada6-dce2dc444604

## Verbatim text

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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
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## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 10 of the Constitution of Moldova.
- The passage runs to about 4,021 words.
- Read plainly, it mentions fair hearing — it guarantees a fair hearing — a court or tribunal that hears you and decides impartially (the words used: “impartial”); it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “detention”); it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “inviolability”); it mentions freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “impartial”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “property”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“9”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row is a very long passage rather than a single provision. Treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Moldova, article 10, Portable Lawyer, https://www.portablelaw.com/provision/a82199fb-b7af-4456-ac20-7b57f515188c (accessed 27 September 2026).

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Portable Lawyer · 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,…