Constitution of the
Republic of Moldova

Moldovan president advocates Constitution’s adjusting to new political, economic, social realities

President Nicolae Timofti today participated in an international conference titled “The role of constitutional justice in protection of state of law values,” held at the Chisinau-based Palace of the Republic.

The head of state gave the following speech before those present at the event:

“The 20th anniversary of the approval of our country’s Constitution creates, inclusively in this hall today, a natural atmosphere of solemnity and sobriety.

In 1994, the Constitution established democracy and the state based on the rule of law in Moldova and has been so far representing a guarantee of the durability of these values on our land. The legislative abuses were prevented by the involvement of the Constitutional Court.

The constitutional concept and the set of principles and norms of the Fundamental Law served as foundation for the subsequent laws and processes, just as for the relations in the society, where human dignity, human rights and freedoms, as well as the political pluralism have acquired a sense of permanent and undoubted objective. The stipulation as regards the priority of the international regulations over the domestic laws represented a guarantee of the observance of the fundamental human rights in Moldova.

As for the institutional framework set by the Constitution, it ensured the development of the main branches of the state, including via their placement on the dimension of the power separation principle.

The market economy and the private property have become essential elements of the country’s commercial development and its gradual integration into the international economic system.

The Constitution marked Moldova’s openness towards the civilised world from the Euro-Atlantic space, we have been getting closer to over the last 20 years, it’s true, with different paces, yet progressively and continuously.

In 1995, we became a member state of the Council of Europe, while this year, we got, behold, the capacity of associated country to the European Union. The Constitution stayed at the basis of all our agreements and relations with the international community.

At the same time, the Supreme Law periodically underwent modifications, due to the fact that it is not immutable, but on the contrary – some of its provisions are imperfect, inexact or obsolete, such the stipulation contained in the Article 13 on the official name of the language – an aspect clarified in an interpretation by the Constitutional Court just recently. And this is not the only gap of the Constitution.

Discussions were also held on the place of the Prosecutor General’s Office, as well as certainly, the way of electing the Moldovan president.

The most important constitutional reform, the one from 2000, was not able to clarify some provisions, so that it is natural that the debates on the revision of the Fundamental Law have enhanced over the last years, followed by discussions on the opportunity of some powers of the Constitutional Court. It seems to me absolutely natural and necessary for the Constitution to be adjusted to the new political, economic and social realities.

I describe such discussions as useful and promising, in which all the concerned subjects participate – the three state powers, political parties, constitutional experts and the entire civil society.

We have also a reliable partner and a valuable judge in this respect, the Venice Commission. We highly appreciate the expertise provided to us by the Commissioner during years.

I hope that, in a predictable future, Moldova will manage to consolidate its intellectual and political potential, in order to be able to adopt, in concert with the Venice Commission, a new Constitution. I hope that this moment is not so far away.

Ladies and gentlemen,.

As I have earlier said, the constitutional framework covers, in general, all the organic legislative spectrum, permanently improved by the parliament.

The weight and value of the constitutional text must further be decisive in the legislative process, and the Constitutional Court’s rulings must be strictly observed, in order to ensure the development of the state based on the rule of law in Moldova.

At the same time, it is extremely important to enforce the system of values contained in the Supreme Law, propagate the sense of the Constitution in the people’s daily life. The citizens expect the taking over of all the progressive tendencies from the Constitution by all state institutions and officials.

I am sure that this is possible in a Moldova with European reflexes and aspirations.

Thank you.”.