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Moldova - Law on the Constitutional Court - Statement by the President of the Venice Commission


I learned today about the adoption, at first reading, of the draft amendment to the Law on the Constitutional Court of Moldova. According to this amendment, Parliament may remove judges of the Constitutional Court by a 3/5 vote of its members if the judges do not have Parliament’s “trust”.

Such a provision is in clear contradiction with European Standards on constitutional justice and is a clear violation of Article 137 of the Constitution of Moldova. A constitutional court has the task of controlling the work of Parliament. Subjecting its judges to the need of being “trusted” by Parliament is in evident contradiction with the very purpose of a constitutional court.

I strongly encourage Parliament not to adopt this law. It would be the task of the current composition of the Constitutional Court to decide on the constitutionality of this provision.

Gianni Buquicchio
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