Mołdawia: judgment of the Constitutional Court of 20 January 2015 no. 2 on the interpretation of Article 1 para. 3 combined with Articles 69 and 70 of the Constitution of the Republic of Moldova (...) Cover Image

Mołdawia: Postanowienie Sądu Konstytucyjnego z 20 stycznia 2015 r. nr 2 o wykładni art. 1 ust. 3 w związku z art. 69 i 70 Konstytucji Republiki Mołdawii
Mołdawia: judgment of the Constitutional Court of 20 January 2015 no. 2 on the interpretation of Article 1 para. 3 combined with Articles 69 and 70 of the Constitution of the Republic of Moldova (...)

Contributor(s): Andrzej Pogłódek (Translator)
Subject(s): Law, Constitution, Jurisprudence
Published by: Kancelaria Sejmu
Keywords: parliamentary immunity; representative mandate; Moldova; parliamentary privilege;Constitutional Court;

Summary/Abstract: Judgment no. 2 of the Constitutional Court of Moldova of 20 January 2015 refers to the issue of parliamentary immunity and the cases of termination of a mandate of a member of Parliament as foreseen by the Constitution of the Republic of Moldova. The Constitutional Court laid down the scope interpretation of Articles 69 and 70 of the Constitution, adjudicating that a Deputy sentenced with a valid court judgment does not enjoy the privilege of parliamentary immunity. Also, the privilege is not applied where a national court recognizes a sentence passed by a court of a foreign state. A person sentenced with a valid court judgment for a crime committed with intention or sentenced to a prison term loses its right to be elected, hence cannot be legitimately elected to the Parliament. He/she also loses his/her mandate ex lege after the judgment had been passed.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 195-214
  • Page Count: 20
  • Language: Polish
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