Public Authorities (Part 1)
CHAPTER IV - PARLIAMENT
FIRST SECTION - Structure and Functioning
Article 60. Parliament as tho Supreme Representative Body and Legislative Authority.
(1) Parliament is the supreme representative body of the people and the sole legislative authority of the State in the Republic of Moldova.
(2) Parliament consists of 101 members.
Article 61. Parliament Elections
(1) The members of parliament are elected by voting based on universal, equal, direct, secret and freely expressed suffrage.
(2) The organic law shall establish the way of organizing and holding elections.
(3) The election of Parliament members will be started not later than 3 months from the end of the previous mandate or from the dissolution of the previous Parliament.
Article 62. Validation of Members Mandates
On proposal submitted by the Central Electoral Board the Constitutional Court will decide upon the validation or invalidation of a Parliament member's mandate, whenever electoral legislation has been transgressed.
Article 63. Mandate Duration
(1) The members of Parliament are elected for a 4-year term, which may be extended by organic law, and in the event of war or a national disaster.
(2) Parliament shall be convened in session by the President of the Republic of Moldova within at most 30 days from election day.
(3) The mandate of the current Parliament may be extended until the structure of the new Parliament has been completed and the latter can meet in full session. During this period no amendments may be brought to the Constitution, and no organic law may be adopted, changed or abrogated.
(4) The legislative projects and proposals contained in the agenda of the previous Parliament will be carried over onto the agenda of the new Parliament.
Article 64. Internal Structure
(1) The structure, organization and functioning of Parliament are established by internal regulations. The Parliament approves the national budget and, with it, its own financial resources.
(2) The President of Parliament is elected by secret ballot based on the majority of votes cast by members for a term of office equal to that of Parliament. The Parliament may revoke the President at any time by secret ballot based on a two-thirds majority of votes cast by members.
(3) On consultations with parliamentary factions the President of Parliament calls for the election of Parliament's Vice-Presidents.
(1) Parliament's sessions are public.
(2) The Parliament may decide to hold certain sessions behind closed doors.
Article 66. Basic Powers
The following are Parliament's basic powers:
- To pass laws, decisions and motions;
- To declare the holding of referendums;
- To provide legislative interpretations and insure the legislative unity of regulations throughout the country;
- To approve the main directions of the state's internal and external policy;
- To approve the state's military doctrine;
- To exercise parliamentary control over executive power in the ways and within the limits provided for by the Constitution;
- To ratify, denounce, suspend and abrogate the action of the international treaties concluded by the Republic of Moldova;
- To approve and control the national budget;
- To supervise and control the allocation of State loans, the aid of an economic or other nature granted to foreign countries, the conclusion of agreements concerning State loans or credits obtained from foreign sources;
- To elect and nominate State officials as foreseen by law;
- To approve the orders, medals and awards of the Republic of Moldova;
- To declare partial or general mobilization of the armed forces;
- To declare the states of national emergency, martial law, and war;
- To initiate investigations and hearings concerning any matters touching upon the interests of society;
- To suspend the activity of local institutions of public administration under the law;
- To pass bills of amnesty; To exercise other powers, as provided for by the Constitution and the Law.
Article 67. Parliament Sessions
(1) Parliament meets in two ordinary sessions per year. The first parliamentary session starts in February and may not go beyond the end of July. The second parliamentary session starts in September and may not go beyond the end of December.
(2) Parliament may also meet in extraordinary or special meetings at the specific request of the President of the Republic of Moldova, of the President of Parliament or of a third of the members.
SECOND SECTION - The Status of Parliament Members
Article 68. Representational Mandate
(1) In the exercise of their power the members of Parliament are in the service of the people.
(2) Imperative mandates shall be null and void.
Article 69. Mandate of Parliament members
(1) The members of Parliament shall enter upon the exercise of their mandate under condition of prior validation.
(2) The powers ascribed to any member of Parliament cease with the lawful assembly of the newlyelected Parliament, on resignation on the part of that member, on mandate suspension, also in cases of incompatibility or death.
Article 70. Incompatibilities and Immunities
(1) The quality and rights ascribed to members of Parliament are incompatible with the holding of another remunerated position.
(2) Other possible incompatibilities shall be established by organic law.
(3) Except in cases of flagrant infringement of law members of Parliament may not be detained for questioning, put under arrest, searched or put on trial without Parliament's assent, after prior hearing of the member in question.
Article 71. Independence of Opinion
Members of Parliament may not be prosecuted or tried by law for their votes or opinions expressed in the exercise of their mandate.
THIRD SECTION - Legislation and Acts of Parliament
Article 72. Classification of Laws
(1) Parliament is endowed with the powers to pass constitutional, organic and ordinary laws.
(2) Constitutional laws are aimed at revising the Constitution.
(3) T'he purpose of the organic laws is to direct and control:
- the working of the electoral system;
- the organization and carrying out of referendums;
- the organization and functioning of Parliament;
- the organization and functioning of Government;
- the organization and functioning of the Constitutional Court, the Higher Magistrates' Council, the judiciary and courts of administrative judicature;
- the organization of local administration, of the national territory, and the general functioning of local autonomy;
- the organization and functioning of political parties;
- the manner of selecting exclusive economic zones;
- the legal status of private property and inheritance;
- the general implementation of the working relations and social protection, and the functioning of trades-unions;
- the general organization of the educational system;
- the general status of religious worship;
- the states of national emergency, martial law and war;
- the criminal offenses, the punishments requested, and the ways of executing the latter,
- the granting of amnesty and pardon;
- other provinces where the Constitution provides for the necessity of passing organic laws;
- other provinces where Parliament recommends the passing of organic laws.
(4) Basically, social relations are the province of ordinary law, excepting those for whose regulation
constitutional and organic laws have been appointed.
Article 73. Legislative Initiative
The right to initiate legislation belongs to members of Parliment, the President of the Republic of Moldova and the Government.
Article 74. The Passing of Laws and Resolutions
(1) Organic laws shall be passed by majority vote based on at least two ballots.
(2) Ordinary laws and resolutions shall be passed by the majority of the votes cast by the members present in session.
(3) The laws passed shall be submitted to the President of the Republic of Moldova for promulgation.
Article 75. The Referendum
(1) Problems of utmost gravity or urgency confronting the Moldovan society or State shall be resolved by referendum.
(2) The decisions passed in consequence of the results produced by the republican referendum have supreme judicial power.
Article 76. The Coming into Force of Laws
Laws shall be published in the "Monitorul Oficial" of the Republic of Moldova and shall come into force either on its publication date or on the date mentioned in its original text. Unless published, the law is nonexistent .
CHAPTER V - THE PRESIDENT OF THE REPUBLIC OF MOLDOVA
Article 77. The President of the Republic of Moldova - the Head of the State
(1) The President of the Republic of Moldova is the head of the State.
(2) The President of the Republic of Moldova represents the State and is the guarantor of national sovereignty, independence, of the unity and territorial integrity of the nation.
Article 78. Election of the President
(1) President of the Republic of Moldova shall be elected by the secret vote of the Parliament.
(2) Any citizen of the Republic of Moldova over 40 years of age with the right to vote that has been living in the country for at least 10 years and speaks the State language can run for the office of President of the Republic of Moldova.
(3) The candidate obtaining at least 3/5ths of the votes cast by elected deputies shall be considered elected. If no candidate obtains the required number of votes, a second ballot shall be held to choose from the two first-placed candidates, in the order of the number of votes cast for them in the first ballot.
(4) If after the second ballot no candidate obtains the required number of votes, repeat elections shall be conducted.
(5) If after repeat elections the President of the Republic of Moldova is not elected, the incumbent President shall dissolve the Parliament and establish the date of Parliamentary elections.
(6) An appropriate organic law shall determine the procedure of electing the President of the Republic of Moldova.
Article 79. Mandate Validation and Taking of the Oath
(1)The Constitutional Court will validate the result of the presidential election.
(2) (2) Within 45 days from the date when elections were completed the successful presidential candidate shall take the following oath before Parliament and the Constitutional Court:
" I solemnly swear to devote ail my personal strength and abilities to the advancement and prosperity of the Republic of Moldova, to always abide by the Constitution and the laws of the country, to defend democracy, tbe fundamental rights and freedoms of the Republic of Moldova if incompatible man, and the sovereignty, independence, unity and territorial integrity of Moldova"
Article 80. Term of Office
(1) The President of the Republic of Moldova takes office on the oath- taking day and his term has a duration of 4 years.
(2) The President of the Republic of Moldova exercises his mandate until the next President is sworn in.
(3) By organic law the mandate of the President of the Republic of Moldova may be prolonged in the event of war or catastrophe.
(4) The office of the President of the Republic of Moldova may be held by the same person for no more than two consecutive terms.
Article 81. Incompatibilities and Immunities
(1) The office of the President of the Republic of Moldova is incompatible with holding another remunerated position.
(2) The President of the Republic of Moldova will enjoy immunity from civil action for any personal opinions expressed while in the execution of his mandate.
(3) Based on the majority of at least two thirds of the votes cast by its members, Parliament may decide to indict the President of the Republic of Moldova if the latter commits an offense. In such a case it is the Supreme Court of Justice which has the competence to sue under the rule of law, and the President will be removed from office on the very day that the court sentence convicting him has been passed as definitive.
Article 84. Messages
(1) The President of the Republic of Moldova can take part in Parliament's proceedings and debates.
(2) The President of the Republic of Moldova will address Parliament messages concerning the main issues of national interest.
Article 85. Dissolution of Parliament
(1) In cases where an impossibility has been reached to form the Government or a situation has been encountered whereby the passing of new legislation has been deadlocked for 3 consecutive months, the President of the Republic of Moldova, on consultations with parliamentary groups, may dissolve Parliament.
(2) If within 45 days from a first presidential request for a vote of confidence to form a new government a second such request been aim rejected by Parliament, the President may dissolve the Parliament.
(3) The Parliament may be dissolved only once in the course of a year.
(4) Parliament may not be dissolved during the President's last 6 months of office, except for the case provided in paragraph (5) of Article 78, during a state of emergency, martial law, or war.
Article 86. Powers Regarding Foreign Policy
(1) The President of the Republic of Moldova is empowered to enter official discussions, take part in negotiations, conclude in the name of the Republic of Moldova the international treaties resulting therefrom, and submit those treaties to Parliament for ratification.
(2) On specific proposals submitted to him by Government, the President of the Republic of Moldova can accredit and revoke the Republic of Moldova's diplomatic representatives, as well as approve the establishment, disestablishment, and ranking of diplomatic missions abroad.
(3) The President of the Republic of Moldova receives letters of accreditation or revocation of foreign diplomatic envoys to Moldova.
Article 87. Powers Regarding National Defense
(1) The President of the Republic of Moldova is the Commander-in- Chief of the armed forces.
(2) On prior approval from Parliament the President of the Republic of Moldova can declare partial or general mobilization armed forces.
(3) In the event of armed aggression against the country, the President of the Republic of Moldova takes the steps required to repel aggression, and to declare a state of war, and informs Parliament without delay on the situation. If Parliament is not in session, the President convenes by right the Parliament within 24 hours from the time when the aggression was launched.
(4) In order to ensure national security and public order the President of the Republic of Moldova can under the rule of law also take other steps.
Article 88. Other Powers
The President of the Republic of Moldova is also empowered to:
- Award medals and titles of honour;
- Award such supreme military ranks as provided for by the law;
- Find solutions to problems concerning the rights of citizenship of the Republic of Moldova and grant political asylum;
- Appoint public officials under the law;
- Grant individual pardon or amnesty;
- Request the citizens of the Republic of Moldova to express their will by way of referendum on matters of national interest;
- Award diplomatic ranks;
- Award higher ranks to officials holding positions with Magistrates' Courts and Civil Courts, and to other civil servantsthe law;
- suspend those Acts of Government that run against existing legislation until a final decision has been passed by the Constitutional Court;
Exercise other powers as foreseen by the law.
Article 89. Suspension from Office
(1) In the event the President of the Republic of Moldova commits serious offences infringing upon constitutional provisions he may be suspended from office by the vote of two thirds elected deputies in Parliament.
(2) The motion requesting the suspension from office may be initiated by at least one third of deputies, and it must be brought to the knowledge of the President without delay. The President may give explanations on the actions for which he is being censured before Parliament and the Constitutional Court.
Article 90. Vacancy of Office
(1) The office of the President of the Republic of Moldova may become vacant in consequence of expiry of the presidential mandate of resignation from office, removal from office, definite impossibility of executing his duties, or death.
(2) The request to remove the President of the Republic of Moldova from office will be brought forward in Parliament, which will pass a decision on that request.
(3) Impossibility to exercise the mandate of the President of the Republic of Moldova for more than 60 days, shall be confirmed by the Constitutional Court within 30 days of the notification.
(4) Within 2 months from the date when the presidential office was announced as vacant elections for a new President will be held in accordance with the law.
Article 91. Interim Office
When the office of the President of the Republic of Moldova becomes vacant or the President has been ousted, or finds himself in the temporary impossibility of discharging his duties, the responsibility of the office shall devolve ad interim on the President of Parliament or the Prime-Minister, in that priority order.
Article 92. Responsibility of Interim President
Should the person acting as interim President of the Republic of Moldova commit grave offenses infringing upon constitutional provisions article 89 paragraph (1) and article 91 will apply.
Article 93. Promulgation of Laws
(1) The President of the Republic of Moldova promulgates the laws.
(2) The President of the Republic of Moldova has the right, whenever he objects against a given law, to submit it within at most two weeks to Parliament for reexamination. Should Parliament stick to its previously passed decision, then the President must promulgate the law.
Article 94. Presidential Acts
(1) In the exercise of his powers the President of the Republic of Moldova issues decrees whose execution is compulsory throughout the entire territory of the state. These decrees shall be published in the "Monitorul Oficial" of the Republic of Moldova.
(2) Those decrees issued by the President that fall under the provisions of article 86 paragraph (2) and article 87 paragraph (?) (2), (3) and (4) must be countersigned by the Prime-Minister also.
Article 95. Budget of Presidential Institution. Compensation and Other Rights
(1) The budget of the presidential institution shall be submitted to Parliament for approval and shall be included in the budget.
(2) The law will determine the level of compensation and the other rights the President is entitled to.
CHAPTER VI - THE GOVERNMENT
Article 96. The Role of Government
(1) It is the role of Government to carry out the domestic and foreign policy of the State and to apply general control over the work of public administration.
(2) A specific programme of activities approved by Parliament will constitute the guidelines which Government will use in the exercise of its powers.
Article 97. Structure of Government
The Government consists of a prime-minister, a first vice-prime-minister, vice- prime-ministers of ministers and other members, as determined by organic law.
Article 98. Investiture
(1) After consulting parliamentary factions, the President of the Republic of Moldova designates a candidate for the office of Prime Minister.
(2) Within 15 days from his designation, the candidate for the office of Prime-Minister will request a vote of confidence for Parliament regarding his work programme and the entire list of Government members.
(3) Parliament will debate in joint session upon both the programme and the list of Government members and will grant Government the requested vote of confidence based on a majority vote of the elected deputies.
(4) Based on the Parliament confidence vote, the President of the Republic of Moldova appoints the Government.
(5) Government enters into the execution of its powers on the very day when its members take the oath before the President Republic of Moldova.
(6) Upon Government reshuffle or vacancy of a position, the President of the Republic of Moldova revokes and appoints some members of the Government, at the proposal of the Prime Minister.
Article 99. Incompatibilities
(1) The office of government member is incompatible with the holding of another remunerated position.
(2) Other incompatibilities will be specified by organic law.
Article 100. Termination of Government Membership
The office of a Government member ends in cases of resignation, revocation, incompatibility or death.
Article 101. The Prime-Minister
(1) The Prime-Minister leads the Government and coordinates the activity of its members, while respecting the powers delegated to them.
(2) Upon the impossibility of the Prime Minister to exercise his duties, or upon his death, the President of the Republic of Moldova shall designate another Government member as an interim Prime Minister until the formation of a new Government. Should the Prime-Minister resume his activity within the Government structure in the interim period, then the temporary character of his inability to fulfill his duties also ceases.
(3) A resignation on the part of the Prime-Minister leads to the resignation of the whole Government.
Article 102. Acts of Government
(1) The Government issues resolutions, ordinances and prescriptions.
(2) Resolutions are issued for implementation of the laws.
(3) Ordinances are issued in compliance with Article 1062.
(4) Resolutions and ordinances issued by the Government are signed by the Prime Minister, countersigned by the ministers bearing the responsibility to enforce them and shall be published in the Official Monitor of the Republic of Moldova. Failure to publish the latter results in the annulment of the resolution or ordinance.
(5) Prescriptions are issued by the Prime Minister for organizing Government activities.
Article 103. Termination of Mandate
(1) The Government is empowered to exercise its mandate up to the date that has been officially sanctioned for the holding parliamentary elections.
(2) In cases where Parliament has passed a vote of no confidence in the current Government, or the Primer Minister has been removed from office, or as provided for by paragraph (1) above, the Government shall only control the administration of the public affaire until the new Government has been sworn in.