CC suspends Parliament decisions on constitutional judges

The Constitutional Court suspended the two Parliament decisions of April 23 that refer to the judges of the High Court – to revoke the Parliament decision to appoint Domnica Manole as a CC judge and to replace her with Boris Lupașcu, IPN reports.

The Court took such a decision following a challenge filed by PAS MP Sergiu Litvinenco, who described the aforementioned Parliament decisions “as evidently illegal and unconstitutional”. The CC’s decision is final, cannot be disputed, takes effect when it is adopted and is published in the Official Gazette.

Also yesterday, the CC judges took note of the Parliament decision on “the adoption of the statement on the recognition of the capture of the Constitutional Court”.

“From a strictly constitutional perspective, the Court’s judges ascertain the exclusively political character of this decision. Under Article 121, par. (1) of the Parliament’s Regulations, such acts by Parliament produce only political effects. The Court’s judges respect the right to freedom of political expression of the parliamentarians, but reiterate that such statements affect the rule of law, the image of the Constitutional Court and endanger the implementation of an authentic culture of constitutionalism in the Republic of Moldova,” says the CC’s decision.

Also, the CC judges reiterated that under Article 140 of the Constitution, the opinions and decisions of the Constitutional Court are definitive and cannot be challenged. They are binding for all the state authorities.

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