Title III. Public authorities

TITLE III. PUBLIC AUTHORITIES

Chapter IV. PARLIAMENT

Chapter IV. Parliament

First section. Organisation and functioning

Article 60. Parliament - the Supreme Representative and Legislative Authority

(1) Parliament is the supreme representative body of the people of the Republic of Moldova and the sole legislative authority of the State.

(2) Parliament is composed of 101 members.

Article 61. Parliament Elections

(1) The members of Parliament shall be elected by universal, equal, direct, secret and freely expressed ballot.

(2) The organic law shall establish the procedure for organizing and holding elections.

(3) The election of members of Parliament is hold no later than within 3 months following the expiration of the mandate or the dissolution of the previous Parliament.

Article 62. Validation of Mandate of the Member of Parliament

Upon the proposal submitted by the Central Electoral Commission, the Constitutional Court rules either on the validation of the mandate of the Member of Parliament, or on invalidation whenever electoral legislation has been infringed.

Article 63. Term of Office

(1) The Parliament shall be elected for a 4-year term of office, which may be extended by organic law, in the event of war or national disaster.

(2) Parliament convenes in session upon the summons of the President of the Republic of Moldova within 30 days at the most from the election date.

(3) The mandate of the Parliament shall be prolonged until the legal convocation of the newly elected composition. During this period no amendment may be brought to the Constitution and no organic law may be adopted, amended or repelled.

(4) The draft laws or legislative initiatives contained in the agenda of the previous Parliament shall be carried on by the new Parliament.

Article 64. Internal Organisation

(1) The structure, organisation and functioning of Parliament is established by internal regulations. The financial resources of Parliament are foreseen in the budget approved by the latter.

(2) The President of Parliament shall be elected by secret ballot with the majority of votes cast by members elected for the tenure of the mandate of Parliament. The President of Parliament may be revoked any time by secret ballot of Parliament, with a majority of at least two-thirds of votes of all its members.

(3) Vice-presidents of Parliament are elected upon the proposal of the President of Parliament upon consultations with parliamentary fractions.

Article 65. Openness of Sessions

(1) The sessions of Parliament are public.

(2) Parliament may decide to hold certain sessions behind closed doors.

Article 66. Basic Powers

The Parliament shall be vested with the following basic powers:

a) adopts laws, decisions and motions;

b) declares the holding of referenda;

c) provides legislative interpretations and ensures unanimity of legislative regulation throughout the country;

d) approves the main directions of internal and external policy of the State;

e) approves the state military doctrine;

f) exercises parliamentary control over executive power in the manners and within the limits provided for by the Constitution;

g) ratifies, terminates, suspends and repeals international treaties concluded by the Republic of Moldova;

h) approves the State budget and exercises control over it;

i) supervises upon the allocation of State loans, upon any aid of economic or other nature granted to foreign countries, upon the conclusion of agreements concerning State loans and credits obtained from foreign sources;

j) elects and appoints State officials, in cases provided by the law;

k) approves the orders and medals of the Republic of Moldova;

l) declares partial or general mobilization of the armed forces;

m) declares the state of national emergency, martial law and war;

n) initiates investigations and hearings concerning any matters touching upon the interests of the society;

o) suspends the activity of bodies of local public administration, in cases provided by the law;

p) adopts acts on amnesty;

q) carries out other powers, as provided for by the Constitution and by the laws.

Article 67. Parliament Sessions

(1) Parliament is convened in two ordinary sessions per year. The first session starts in February and may not last beyond the end of July. The second session shall start in September and may not last beyond the end of December.

(2) Parliament may also be convened in extraordinary or special sessions upon the request of the President of the Republic of Moldova, of the President of Parliament or of one-third of its members.

Second section. Status of the members of Parliament

Article 68. Representative Mandate

(1) In the exercise of their mandate the members of Parliament are in the service of the people.

(2) Any imperative mandate is deemed null and void.

Article 69. Mandate of the Members of Parliament

(1) The members of Parliament start exercising their mandate under the condition of prior validation.

(2) The powers ascribed to any Member of Parliament cease with the lawful assembly of the newly-elected Parliament, on resignation on the part of that member, on withdrawal of the mandate, in cases of incompatibility or death.

Article 70. Incompatibilities and Immunities

(1) The office of the Member of Parliament is incompatible with the holding of any other remunerated position, except for didactic and scientific activities.

(2) Other incompatibilities shall be established by organic law.

(3) The Member of Parliament may not be apprehended, arrested, searched, except for the cases of flagrant misdemeanour, or sued at law without the prior consent of the Parliament and upon hearing of the member in question.

Article 71. Independence of Opinion

Members of Parliament may not be prosecuted or held legally liable for their votes or opinions expressed in the exercise of their mandate.

Third section. Legislation

Article 72. Categories of Laws

(1) Parliament is endowed to adopt constitutional, organic and ordinary laws.

(2) Constitutional laws are aimed at revising the Constitution.

(3) The organic laws shall govern:

a) electoral system;

b) organisation and carrying out of referendum;

c) organisation and functioning of Parliament;

d) organisation and functioning of the Government;

e) organisation and functioning of the Constitutional Court, the Superior Council of Magistracy, courts of general and administrative jurisdiction;

f) organisation of local administration, of the territory, as well as the general regulation of local autonomy;

g) organisation and functioning of political parties;

h) procedure for establishing exclusive economic zones;

i) general legal regulation of private property and inheritance;

j) general regulation of labour relationships, trade-unions and social protection;

k) general organisation of the education system;

l) general regulation of religious cults;

m) regulation of the state of national emergency, martial law and war;

n) criminal offences, punishments and the procedure of their execution;

o) granting of amnesty and pardon;

p) other fields where the Constitution provides for the necessity of adopting organic laws;

r) other fields where the Parliament recommends the passing of organic laws.

(4) The ordinary laws shall intervene in any field of social relationships, except for the spheres regulated by constitutional and organic laws.

Article 73. Legislative Initiative

The right to legislative initiative is attributed to the members of Parliament, the President of the Republic of Moldova, the Government and the People’s Assembly of the autonomous territorial-unit of Găgăuzia.

Article 74. Passing of Laws and Decisions

(1) Organic laws shall be adopted by the vote of the majority of the elected members of Parliament, following at least two readings.

(2) Ordinary laws and decisions are adopted by vote of the majority of present members of Parliament.

(3) The draft laws submitted by the Government, as well as legislative initiatives brought forward by the members of Parliament and accepted by the Government are examined by the Parliament in the manner and according to the priorities established by the Government, including in the emergency procedure. Other legislative initiatives shall be examined in the established manner.

(4) The laws are submitted to the President of the Republic of Moldova for promulgation.

Article 75. Referendum

(1) Problems of utmost importance confronting the Moldovan society and State shall be resolved by referendum.

(2) The decisions adopted according to the results of the republican referendum shall have supreme legal power.

Article 76. Coming into Effect of the Law

The law shall be published in “Monitorul Oficial al Republicii Moldova” [“Official Gazette of the Republic of Moldova”] and shall come into effect either on the date of their publication or on the date specified in its text. Unless published, the law is deemed non-existent.

Chapter V. The president of the Republic of Moldova

Article 77. President of the Republic of Moldova -Head of the State

(1) The President of the Republic of Moldova shall be the Head of the State.

(2) The President of the Republic of Moldova shall represent the State and shall be the guarantor of national sovereignty, independence, of the unity and territorial integrity of the State.

Article 78. Election of the President

(1) The President of the Republic of Moldova is elected by freely-expressed, universal, equal, direct, and secret suffrage.

(2) Any citizen of the Republic of Moldova may run for the office of President of the Republic of Moldova, provided that he/she has the right to vote and is over 40 years of age, had lived or has been living permanently on the territory of the Republic of Moldova for no less than 10 years and speaks the official state language.

(3) The candidate obtaining at least half the votes cast in the presidential election shall be proclaimed as the new President.

(4) If after the first ballot no candidate will have obtained the above-mentioned majority of votes, a second ballot shall be held to choose from the first-placed two candidates, in the order of the number of votes cast for them in the first ballot. On condition that the number of the votes cast for him be bigger than the number of the votes cast against him, the candidate obtaining most of the votes cast in the second ballot shall be proclaimed as the new President.

(6) The procedure for the election of the President of the Republic of Moldova shall be provided for by organic law.

Article 79. Validation of the Mandate and Taking the Oath

(1) The Constitutional Court shall validate the result of election for the office of the President of the Republic of Moldova.

(2) Within 45 days at the most following the election, the successful candidate whose election has been validated shall take the following oath before Parliament and the Constitutional Court:

“I solemnly swear to devote all my personal strength and abilities to the prosperity of the Republic of Moldova, to abide by the Constitution and the laws of the country, to defend democracy, fundamental human rights and freedoms, the sovereignty, independence, unity and territorial integrity of Moldova”

Article 80. Term of Office

(1) The mandate of the President of the Republic of Moldova shall have a 4-year tenure which shall start on the oath-taking day.

(2) The President of the Republic of Moldova shall exercise his/her mandate until the newly elected President is sworn in.

(3) The mandate of the President of the Republic of Moldova may be prolonged, by organic law, in the event of war or calamity.

(4) No person may discharge the duties of the President of the Republic of Moldova unless for two consecutive mandates at the most.

Article 81. Incompatibilities and Immunities

(1) The office of the President of the Republic of Moldova shall be incompatible with the holding of any other remunerated position.

(2) The President of the Republic of Moldova shall enjoy immunity. The President of the Republic of Moldova shall not be held legally liable for the opinions expressed in the exercise of his/her mandate.

(3) Based on the majority of at least two thirds of the votes cast by its members, the Parliament may decide to indict the President of the Republic of Moldova in the event the latter commits an offence. The Supreme Court of Justice shall be ascribed the power of prosecution under the law. The President shall be legally removed from office at the date of ultimate delivery of the court sentencing.

Article 84. Messages

(1) The President of the Republic of Moldova may attend the Parliament working sessions.

(2) The President of the Republic of Moldova addresses the Parliament with messages related to the main issues of national interest.

Article 85. Dissolution of Parliament

(1) In the event of impossibility to form the Government or in case of blocking up the procedure of adopting the laws for a period of 3 months, the President of the Republic of Moldova, following consultations with parliamentary fractions, may dissolve the Parliament.

(2) The Parliament may be dissolved, if it has not accepted the vote of confidence for setting up of the new Government within 45 days following the first request and only upon declining at least two requests of investiture.

(3) The Parliament may be dissolved only once in the course of one year.

(4) The Parliament may not be dissolved within the last 6 months of the term of office of the President of the Republic of Moldova nor during a state of emergency, martial law or war.

Article 86. Powers in the field of Foreign Policy

(1) The President of the Republic of Moldova shall be empowered to hold official negotiations, conclude international treaties on behalf of the Republic of Moldova and to submit them, in the manner and term established by the law, to the Parliament for ratification.

(2) Upon proposal of the Government, the President of the Republic of Moldova accredits and recalls diplomatic representatives of the Republic of Moldova, as well as approves the setting up, cancellation or changing of the ranking of diplomatic missions.

(3) The President of the Republic of Moldova receives the letters of accreditation and of recall of foreign diplomatic representatives in the Republic of Moldova.

Article 87. Powers in the Field of National Defence

(1) The President of the Republic of Moldova is the Commander-in-Chief of the armed forces.

(2) Upon prior approval of Parliament, the President of the Republic of Moldova may declare partial or general mobilization of the armed forces.

(3) In the event of armed aggression against the country, the President of the Republic of Moldova shall undertake the necessary steps to repulse the aggression, as well as he shall declare a state of war and acknowledge this state of affairs to the Parliament without delay. If the Parliament is not in session, it shall be legally convened within 24 hours from the aggression unleash.

(4) The President of the Republic of Moldova may take other due measures to ensure national security and public order within the limits and according to the law.

Article 88. Other Powers

The President of the Republic of Moldova also fulfils the following duties:

a) awards decorations and titles of honour;

b) awards supreme military ranks as provided for by the law;

c) settles the issues on the citizenship of the Republic of Moldova and grants political asylum;

d) appoints public officials, in terms provided for by the law;

e) grants individual pardon;

f) may request the people to express their will on matters of national interest by way of referendum;

g) awards diplomatic ranks;

h) confers superior degrees of qualification to officers holding positions within prosecuting bodies, courts of law and to other categories of civil servants, according to the law;

i) suspends the acts of the Government which are contrary to the legislation until the delivery of the final judgment of the Constitutional Court;

[Rectification introduced by the MO no.1, part II of 19.08.1994 (Art. 88 was supplemented with section i); section i) becomes section j))]

j) exercises other powers as provided for by the law.

Article 89. Suspension from Office

(1) In case of committing serious offenses infringing upon constitutional provisions, the President of the Republic of Moldova may be suspended from office by the Parliament with the vote of two - thirds of its members.

(2) The motion requesting the suspension from office may be initiated by at least one third of the members, 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.

(3) If the motion requesting suspension from office meets with approval, a national referendum shall be organized within 30 days to remove the President from office.

Article 90. Vacancy of Office

(1) The vacancy of office of the President of the Republic of Moldova shall be declared as consequence of expiry of the mandate, resignation, removal from office, definite impossibility of executing his/her functional duties or death.

(2) The request for resignation of the President of the Republic of Moldova is brought before the Parliament, which shall express its opinion over it.

(3) The impossibility of the President of the Republic of Moldova to exercise his/her duties for more than 60 days shall be confirmed by the Constitutional Court within 30 days from the date of the submission of application.

(4) Within 2 months following the date of vacancy of office of the President of the Republic of Moldova, new presidential elections shall be conducted, according to the law.

Article 91. Interim Office

In the event the office of the President of the Republic of Moldova becomes vacant or the President has been removed, or finds himself/ herself in temporary impossibility to execute his/her duties, the interim office shall be ensured, in the given order, by the President of the Parliament or by the Prime Minister.

Article 92. Responsibility of the Interim President

Should the person acting as interim President of the Republic of Moldova commit grave offences infringing upon the constitutional provisions, Article 89, para. (1) and Article 91 is applied.

Article 93. Promulgation of Laws

(1) The President of the Republic of Moldova promulgates the laws.

(2) The President of the Republic of Moldova is entitled, whenever he has certain objections regarding a law, to submit it within two weeks at the most to the Parliament for reconsideration. Should the Parliament abide by its previously adopted decision, the President promulgates the law.

Article 94. Acts of the President

(1) In the exercise of his/her powers, the President of the Republic of Moldova issues decrees which are mandatory enforceable throughout the entire territory of the State. The decrees are published in “Monitorul Oficial al Republicii Moldova”.

(2) The decrees issued by the President in the exercise of the powers laid down in Article 86 para. (2) and Article 87 para. (2), (3) and (4) shall be countersigned by the Prime-Minister.

Article 95. Financial Resources of the Staff of the President, Indemnity and Other Rights

(1) Financial resources of the staff of the President of the Republic of Moldova are approved by Parliament and are included in the state budget.

(2) The indemnity and other rights ascribed to the President of the Republic of Moldova shall be established by the law.

Chapter VI. Government

Article 96. Role of the Government

(1) The Government ensures the carrying out of the state internal and external policy and shall exercise the general management of the public administration.

(2) In the exercise of its prerogatives, the Government shall be guided by its programme of activity endorsed by the Parliament.

Article 97. Structure

The Government consists of a Prime-Minister, a first Vice-Prime-Minister, Vice-Prime-Ministers, ministers and other members, as determined by organic law.

Article 98. Investiture

(1) The President of the Republic of Moldova designates a candidate for the office of Prime-Minister following consultations with parliamentary fractions.

(2) The candidate for the office of Prime-Minister shall request, within 15 days following the designation, the vote of confidence of the Parliament over the programme of activity and the entire list of the members of the Government.

(3) The programme of activity and the list of the members of Government are subject to parliamentary debates in session. It shall grant confidence to the Government with the vote of majority of the elected members of Parliament.

(4) On the basis of the vote of confidence granted by the Parliament, the President of the Republic of Moldova shall appoint the Government.

(5) The Government shall enter into the exercise of its powers on the very day of taking the oath by its members before the President of the Republic of Moldova.

(6) In the event of the governmental reshuffle or vacancy of office, the President of the Republic of Moldova shall revoke and appoint, upon the proposal of the Prime-Minister, some members of the Government.

Article 99. Incompatibilities

(1) The office of the member of Government shall be incompatible with the holding of any other remunerated position.

(2) Other incompatibilities shall be specified by organic law.

Article 100. Termination of Office of the Member of Government

The office of the member of Government shall cease in the event of resignation, revocation, incompatibility or death.

Article 101. The Prime Minister

(1) The Prime-Minister exercises the leadership of the Government and coordinates the activity of its members, abiding by the powers delegated to them.

(2) In case of impossibility of the Prime-Minister to exercise his/her functional duties or in case of his/her death, the President of the Republic of Moldova shall designate another member of the Government to fulfil the interim office of Prime-Minister until the formation of the new Government.The interim office for the period of impossibility to perform functional duties shall cease whether the Prime Minister resumes his/her activity within the Government.

(3) In the event of resignation of the Prime-Minister, the whole Government leaves the office.

Article 102. Acts of the Government

(1) The Government adopts decisions, ordinances and regulations.

(2) Decisions are adopted to ensure enforcement of laws.

(3) Ordinances are issued according to the provisions of Article 1062.

(4) Decisions and ordinances adopted by the Government are signed by the Prime Minister, countersigned by the ministers bearing the responsibility to put them into effect and shall be published in “Monitorul Oficial al Republicii Moldova”. Failure to publish the decision and ordinance entails its nullity.

(5) Regulations are issued by the Prime-Minister for the organisation of the internal activity of the Government.

Article 103. Termination of Office

(1) The Government shall exercise its mandate up to the date of validation of the election of the new Parliament.

(2) In cases where Parliament has passed a vote of no confidence in the current Government, or the Prime Minister has been removed from office, or as provided for by para. (1) above, the Government shall only control the administration of the public affaire until the new Government has been sworn in.

Chapter VII. Relationships between the Parliament and Government

Article 104. Informing the Parliament

(1) The Government is responsible before the Parliament and shall provide information and documents requested by the Parliament, its committees and its members.

(2) The members of the Government have access to the Parliament sessions. Their attendance shall be mandatory if so requested.

Article 105. Questions and Interpellations

1) The Government as a whole and each of its members are bound to reply to the questions or interpellations rose by the members of Parliament.

(2) Parliament may pass a motion to formulate its point of view regarding the issue of interpellation.

Article 106. Vote of No Confidence

(1) The Parliament, upon the proposal of at least a quarter of its members, may express no confidence to the Government, with the vote of the majority of the members of Parliament.

(2) The initiative to express a vote of no confidence shall be examined within 3 days from the date of its submission to Parliament.

Article 106¹. Assumption of Responsibility by the Government

(1) The Government may assume responsibility before the Parliament upon a programme, a statement of general policy or a draft law.

(2) The Government is dismissed if a motion of censure, brought before within 3 days following the date of presentation of the programme, of statement of general policy or of the draft law, has been passed in terms of Article 106.

(3) If the Government has not been dismissed pursuant to para. (2), the lodged draft law is considered to be adopted, and the programme or the statement of general policy becomes mandatory for the Government.

Article 106².Legislative Delegation

(1) With the view of carrying out the activity programme of the Government, the Parliament may adopt, upon Government’s proposal, a special law enabling the Government to issue ordinances in the fields which do not fall within the scope of organic laws.

(2) The enabling law shall compulsorily establish the field and the date by which ordinances may be issued.

(3) Ordinances shall enter into force on the date of their publication, without being promulgated.

(4) If the enabling law so require, ordinances are submitted to Parliament for approval. The draft law on the approval of ordinances shall be presented within the term established in the enabling law. Non-compliance with the term entails the discontinuation of the effects of the ordinance. If the Parliament does not decline the draft law on the approval of ordinances, the latter shall remain in force.

(5) Following the expiry of the timeframe stipulated for the issue of orders, the orders may only be annulled, suspended or amended by law.

Chapter VIII. Public administration

Article 107. Specialized Central Public Administration

(1) Specialized central bodies of the State are ministries. They shall bring into practice, according to the law, the policy of the Government, its decisions and orders, as well as lead the entrusted fields of activity and are responsible for their activities.

(2) In order to lead, coordinate and exercise the control the national economy, as well as other fields, which do not directly fall within the competence of the ministries, other administrative authorities shall be set up, according to the law.

Article 108. Armed forces

(1) The armed forces shall be exclusively subordinated to the will of the people, to safeguard the sovereignty, independence, unity and territorial integrity of the country and of the constitutional democracy.

(2) The structure of the national system of defence is established by organic law.

Article 109. 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 administration authorities and consultation of citizens on local problems of special interest.

(2) The concept of autonomy shall encompass both the organisation and functioning of the local public administration, as well as the management of the communities represented by that administration.

(3) The enforcement of the aforesaid principles 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 the left bank of the Dniester River may be assigned special forms and conditions 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 Chișinău, is regulated by organic law.

Article 111. Autonomous Territorial -Unit of Găgăuzia

(1) Găgăuzia is an autonomous territorial unit having a special statute and representing a form of self-determination of the Găgăuzian people, constitutes an integrant and inalienable part of the Republic of Moldova and shall solve independently, within the limits of its competence, pursuant to the provisions of the Constitution of the 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 legislation 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 fauna, 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 autonomous 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 Parliament.

Article 112. Village and Town Authorities

(1) The public administration authorities that exercise local autonomy in villages and towns are the elected local councils 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 district level.

(2) The district council are elected and operate according to the law.

(3) The relationships between the local public 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.

(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 laid down by organic law.

Article 116. Status of Judges

(1) Judges sitting in the courts of law are independent, impartial and irremovable according to the law.

(2) Judges sitting in the courts of law are appointed, according to the law, by the President of the Republic of Moldova upon proposal submitted by the Superior Council of Magistrates. Judges who successfully passed the contest 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 following a proposal submitted by the Superior 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 tenure 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.

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 provided 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 Moldovan 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 competent 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 approved 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 disposal police forces.

Second section. Superior Council of Magistrates

Article 122. Structure

(1) The Superior Council of Magistrates consists 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 Prosecutor General are members de jure of the Superior Council of Magistrates.

Article 123. Powers

(1) The Superior Council of Magistrates shall ensure the appointment, transfer, removal from office, upgrading and imposing of the disciplinary sentences against judges.

(2) The procedure of organisation and functioning of the Superior Council of Magistrates is laid down by organic law.

Third section. Public Prosecution

Article 124. Prosecutor’s Office

(1) The Prosecutor’s Office is an autonomous public institution within the judicial authority that contributes, through criminal proceedings and other procedures provided by the law, to the administration of justice and to the defense of the rights, freedoms and legitimate interests of the individual, of the society and of the state.

(2) The powers of the Prosecutor’s Office are exercised by prosecutors.

(3) The competences, organization and functioning of the Prosecutor’s Office shall be determined by the law.

Article 125. Prosecutor

(1) The Prosecutor General is appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, for a 7 years term of office, which may not be renewed.

(2) The Prosecutor General is dismissed by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, according to the law, for objective reasons and based on a transparent procedure.

(3) The appointment, transfer, promotion to a higher position and dismissal of subordinated prosecutors are carried out by the Prosecutor General, at the proposal of the Superior Council of Prosecutors.

Article 125¹. Superior Council of Prosecutors

(1) The Superior Council of Prosecutors is the safeguard for the independence and impartiality of individual prosecutors.

(2) The Superior Council of Prosecutors is composed, according to the law, of the prosecutors elected from prosecutor’s offices of all levels, and of the representatives of other authorities, public institutions or civil society. The prosecutors shall hold a substantial part within the Superior Council of Prosecutors.

(3) The Superior Council of Prosecutors ensures the appointment, transfer, promotion to a higher position and disciplinary actions in relation to individual prosecutors.

(4) The organization and functioning of the Superior Council of Prosecutors is established by the law.