Republic of Moldova 1994 Constitution (reviewed 2016) - Page 4 of 8

Table of Contents

TITLE III. PUBLIC AUTHORITIES

CHAPTER IV. PARLIAMENT

SECTION I. Organisation and functioning

Article 60. Parliament – the supreme representative and legislative authority

Parliament shall be the supreme representative body of the people and the sole legislative authority of the State in the Republic of Moldova.
Parliament shall consist of 101 members.

Article 61. Election of the Parliament

The members of Parliament shall be elected by universal, equal, direct, secret and freely expressed suffrage.
The manner of organization and unfolding of elections shall be established by organic law.
The election of the Parliament members shall be held not later than 3 months following the mandate expiration or the dissolution of the previous Parliament.

Article 62. Validation of mandate of the Parliament member

Upon the proposal submitted by the Central Electoral Commission, the Constitutional Court shall rule on the validation or invalidation of the mandate of Parliament member, whenever electoral legislation has been transgressed.

Article 63. Term of office

The Parliament shall be elected for a 4-year term of office, which may be extended by an organic law, in the event of war or national calamity.
Parliament shall be convened in session upon the summons of the President of the Republic of Moldova within 30 days at the most from the election date.
The mandate of the Parliament shall be prolonged until the legal assembly of the newly elected structure. During this period no amendment may be brought to the Constitution, and no organic law may be adopted, amended or abrogated.
The draft laws or legislative initiatives inserted in the agenda of the previous Parliament shall be dealt upon by the new structure of the Parliament.

Article 64. Internal organisation

The structure, organization and functioning of the Parliament shall be laid down in its internal regulations. The financial resources of the Parliament shall be foreseen in the budget endorsed by the latter.
The Speaker of the Parliament shall be elected by secret ballot based on the majority vote of members elected for the tenure of the Parliament mandate. The Speaker may be revoked any time by secret vote by the Parliament based on a majority vote of at least two-thirds of all its members.
Deputy Speakers shall be elected upon the proposal of the Speaker of the Parliament following the consultations of the parliamentary fractions.

Article 65. Open nature of the sessions

The sessions of the Parliament shall be held in public.
The Parliament may decide that certain sessions are to be held in camera.

Article 66. Basic powers

The Parliament shall be vested the following basic powers:

to pass laws, decisions and motions;
to declare the conduct of referenda;
to provide legislative interpretations and to ensure the unity of the legislative regulations throughout the country;
to approve the main directions of the internal and external policy of the State;
to approve the state military doctrine;
to exercise parliamentary control over the executive power in the manners and within the limits provided for by the Constitution;
to ratify, terminate, suspend and repeal the action of the international treaties concluded by the Republic of Moldova;
to approve the State budget and to exercise the control over it;
to exercise the supervision over the allocation of the State loans, economic aid or any other such matters granted to foreign countries, the conclusion of agreements concerning the State loans and credits obtained from foreign sources;
to elect and nominate State officials as foreseen by law;
to approve the orders and medals of the Republic of Moldova;
to declare partial or general mobilization of the armed forces;
to declare the state of national emergency, martial law, and war;
to initiate investigations and hearings concerning any matters touching upon the interests of society;
to suspend the activity of the bodies of local public administration under the law;
to pass acts on amnesty;
to carry out other powers as provided for by the Constitution and laws.

Article 67. Parliament sessions

Parliament shall be called in two ordinary sessions per year. The first session shall start in February and may not go beyond the end of July. The second session shall start in September and may not go beyond the end of December.
Parliament may also meet in extraordinary or special sessions, upon the request of the President of the Republic of Moldova, the Speaker of Parliament or a third of its members.

SECTION II. Status of the Parliament members

Article 68. Representative mandate

In the exercise of their mandate, the Parliament members shall be in the service of the people.
Any imperative mandate shall be deemed null and void.

Article 69. Mandate of the Parliament members

The members of Parliament shall enter upon the exercise of their mandate under the condition of prior validation.
The office of the Parliament member shall cease at the date of legal assembly of the newly elected Parliament, on his/her resignation, mandate withdrawal, incompatibility or demise.

Article 70. Incompatibilities and immunities

The office of the Parliament member shall be incompatible with the holding of any other remunerated position, except for didactic and scientific activities.
Other possible incompatibilities shall be established by organic law.
The Parliament member may not be apprehended, arrested, searched or sued at law, except for the cases of flagrant misdemeanour, without the prior consent of the Parliament and after hearing of the member in question.

Article 71. Independence of opinion

The Parliament members may not be prosecuted or held legally responsible for their votes or opinions expressed in the exercise of their mandate.

SECTION III. Legislation

Article 72. Categories of laws

Parliament shall be endowed to pass constitutional, organic and ordinary laws.
Constitutional laws are aimed at revising the Constitution.
The organic law shall govern:
1. the electoral system;
2. the organization and carrying out of referenda;
3. the organization and functioning of Parliament;
4. the organization and functioning of Government;
5. the organization and functioning of the Constitutional Court, the Superior Council of Magistrates, the judiciary and courts of administrative judicature;
6. the organization of local administration and territory, as well as the general regime on local autonomy;
7. the organization and functioning of political parties;
8. the manner of establishing of the exclusive economic zone;
9. the general legal system on private property and inheritance;
10. the general system on labour relationships, trades-unions and social protection;
11. the general organization of the education system;
12. the general system on religious worships;
13. the state of national emergency, martial law and war;
14. the criminal offences, punishments and the manners of their execution,
15. the granting of amnesty and pardon;
16. other fields for which, pursuant to the Constitution, it is stipulated the adoption of organic laws;
17. other fields for which the Parliament recommends the passing of organic laws.
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 initiate shall belong 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 Gagauzia.

Article 74. Passing of laws and decisions

Organic laws shall be passed with the majority vote of the elected members of Parliament, after at least two hearings.
Ordinary laws and decisions shall be passed with the majority vote of the present Parliament members.
The draft laws submitted by the Government, as well as the legislative initiatives brought forward by the Parliament members accepted by the latter, shall be examined by the Parliament in the manner and following the priorities fixed by the Government, including within the emergency procedure. Other legislative initiatives shall be considered in the established manner.
The laws shall be submitted to the President of the Republic of Moldova for promulgation.

Article 75. Referendum

Problems of utmost importance confronting the Moldavian society and State shall be resolved by referendum.
The decisions adopted according to the results of the republican referendum shall have supreme legal power.

Article 76. Coming into force of the law

Laws shall be published in the “Monitorul Oficial” of the Republic of Moldova and shall come into force either at the date of their publication or the date specified in their wording. Unless published, the law is deemed nonexistent.

CHAPTER V. THE PRESIDENT OF THE REPUBLIC OF MOLDOVA

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

The President of the Republic of Moldova shall be the head of the State.
The President of the Republic of Moldova shall represent the State and shall be the guarantor of the national sovereignty and independence, as well as of the territorial unity and integrity of the State.

Article 78. Election of the President

The President of the Republic of Moldova is elected by freely-expressed, universal, equal, direct, and secret suffrage.
Any citizen of the Republic of Moldova with the right to vote and over 40 years of age who has been living and has the permanent residence on the territory of the Republic of Moldova for no less than 10 years and speaks the official language may run for the office of President of the Republic of Moldova.
The candidate obtaining at least half the votes cast in the presidential election shall be proclaimed as the new President.
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.
The procedure for the election of the President of the Republic of Moldova shall be provided for by organic law.

Article 79. Mandate validation and taking the oath

The Constitutional Court shall validate the result of election for the office of the President of the Republic of Moldova.
Within 45 days at the most following the election, the successful candidate whose election has been validated shall take the following oath before the 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

The mandate of the President of the Republic of Moldova shall have a 4-year tenure and shall start on the oath- taking day.
The acting President of the Republic of Moldova shall exercise his/her mandate until the newly elected President is sworn in.
The mandate of the President of the Republic of Moldova may be prolonged in the event of war or calamity by organic law.
No person may discharge the duties of the President of the Republic of Moldova unless for 2 consecutive mandates at the most.

Article 81. Incompatibilities and immunities

The office of the President of the Republic of Moldova shall be incompatible with the holding of any other remunerated position.
The President of the Republic of Moldova shall enjoy immunity. He shall not be held legally liable for the opinions expressed in the exercise of his/her mandate.
Based on the majority of at least two-thirds of the vote’s cast of 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 82

[has been excluded]

Article 83

[has been excluded]

Article 84. Messages

The President of the Republic of Moldova may attend the Parliament working sessions.
The President of the Republic of Moldova shall address the Parliament messages related to the main issues of national interest.

Article 85. Dissolution of Parliament

In the event of the impossibility to form the Government or of blocking up the procedure of adopting the laws within 3 months, the President of the Republic of Moldova, following the consultations of the parliamentary fractions, may dissolve the Parliament.
The Parliament may be dissolved, if it has not passed the vote of confidence for setting up of the new Government within the term of 45 days from the first presidential request and only after the decline of at least two requests of investiture.
The Parliament may be dissolved only once in the course of a year.
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 external policy

The President of the Republic of Moldova shall be empowered to hold official negotiations, to conclude international treaties on behalf of the Republic of Moldova and to submit them, in the established under the law manner and term, to the Parliament for ratification.
Upon proposal of the Government, the President of the Republic of Moldova shall accredit and recall the Republic of Moldova’s diplomatic representatives, as well as it shall approve the setting up, cancellation or changing of the diplomatic missions’ ranking.
The President of the Republic of Moldova shall receive the letters of accreditation and of recall of foreign diplomatic envoys in the Republic of Moldova.

Article 87. Powers in the field of national defence

The President of the Republic of Moldova shall be the Commander-in-Chief of the armed forces.
Upon prior approval of the Parliament, the President of the Republic of Moldova shall declare partial or general mobilization of the armed forces.
In the event of the 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 the Parliament without delay about this state of affairs. Whether the Parliament is not in session, it shall be legally convened within 24 hours from the aggression unleash.
The President of the Republic of Moldova may take other due measures as to ensure the national security and public order under the scope and terms of the law.

Article 88. Other powers

The President of the Republic of Moldova shall also fulfil the following duties:

to award medals and titles of honour,
to award supreme military ranks as provided for by the law;
to settle the issues on the citizenship of the Republic of Moldova and to grant political asylum;
to appoint public officers under the law;
to grant individual pardon;
to request the citizens of the Republic of Moldova to express their will by way of referendum on matters of national interest;
to award diplomatic ranks;
to confer superior degrees of qualification to officers holding positions with the prosecuting bodies, courts of law and to other categories of civil servants, under the law;
to repeal the acts of the Government which run contrary to the legislation until the delivery of the final judgment of the Constitutional Court;
to exercise other powers as foreseen by the law.

Article 89. Suspension from office

In the event the President of the Republic of Moldova commits certain deeds infringing upon the constitutional provisions, he/she shall be dismissed from office by the Parliament based on a majority vote of two-thirds of its members.
The motion soliciting the dismissal from office shall be launched by at least one-third of the members and shall be brought to the knowledge of the President without delay. The President may give explanations on the charged deeds before the Parliament and the Constitutional Court.
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 the office

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.
The request for resignation of the President of the Republic of Moldova is brought before the Parliament, which shall express its opinion over it.
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.
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 dismissed, or finds himself/herself in temporary impossibility to discharge his/her duties, the interim office shall be devolved on the Parliament Speaker or the Prime Minister in the order of priority.

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 paragraph (1) and Article 91 shall be applied.

Article 93. Promulgation of laws

The President of the Republic of Moldova shall promulgate the laws.
The President of the Republic of Moldova shall be entitled, whenever he has certain objections regarding a law, to submit it within two weeks at the most to the Parliament for reconsideration. In the event the Parliament abides by its previously passed decision, the President shall promulgate the law.

Article 94. Presidential acts

In the exercise of his/her powers, the President of the Republic of Moldova shall issue decrees whose enforcement is mandatory throughout the entire territory of the State. The decrees shall be published in the “Monitorul Oficial” of the Republic of Moldova.
The decrees issued by the President in the exercise of his/her powers laid down in Article 86 paragraph (2) and Article 87 paragraph (2), (3) and (4) shall be countersigned by the Prime-Minister.

Article 95. Financial resources of the President apparatus, indemnity and other rights

Financial resources of the President apparatus shall be submitted to Parliament for approval and shall be included in the state budget.
The indemnity and other rights ascribed to the President shall be established under the law.

CHAPTER VI. GOVERNMENT

Article 96. Role

The Government shall ensure the carrying out of the state internal and external policy and shall exercise the general leadership of the public administration.
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 shall consist of a Prime Minister, a First Deputy Minister, Deputy Ministers, Ministers and other members established by organic law.

Article 98. Investiture

The President of the Republic of Moldova shall designate a candidate for the office of Prime Minister after hearing of the parliamentary fractions.
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 Government members.
The Parliament shall debate in session upon both the programme of activity and the list of Government members and shall grant confidence to the Government with the vote of majority of the elected Parliament members.
On the basis of the vote of confidence granted by the Parliament, the President of the Republic of Moldova shall appoint the Government.
The Government shall enter into the exercise of its powers on the very day of taking the oath by its members before the President Republic of Moldova.
In the event of the governmental reshuffle or the vacancy of office, the President of the Republic of Moldova shall revoke and appoint, upon the proposal of the Prime Minister, some Government members.

Article 99. Incompatibilities

The office of the Government member shall be incompatible with the holding of any other remunerated position.
Other incompatibilities shall be specified by organic law.

Article 100. Termination of office of the Government member

The office of the Government member shall cease in case of resignation, revocation, incompatibility or demise.

Article 101. Prime Minister

The Prime Minister shall exercise the leadership of the Government and shall coordinate the activity of its members, abiding by the powers delegated to them.
In case of impossibility of the Prime Minister to discharge his/her functional duties or in case of his/her demise, the President of the Republic of Moldova shall designate another Government member to fulfil the interim office of Prime Minister until the formation of the new Government. The interim office, during the period of impossibility to perform the functional duties, shall cease whether the Prime Minister resumes his/her activity within the Government.
In the event of the Prime Minister resignation, the whole Cabinet shall leave the office.

Article 102. Acts of the Government

The Government shall adopt decisions, ordinances and regulations.
The decisions shall be adopted for laws enforcement.
The ordinances shall be issued under the terms of Article 106.
The decisions and ordinances adopted by the Government shall be signed by the Prime Minister, countersigned by the ministers bearing the responsibility to put them into effect and shall be published in “Monitorul Oficial” of the Republic of Moldova. Non-publication entails the null and void character of the decision and ordinance.
The regulations shall be issued by the Prime Minister for the organisation of the internal activity of the Government.

Article 103. Termination of mandate

The Government shall exercise its mandate up to the date of validation of the new parliamentary elections.
The Government, in case of expression by the Parliament of the vote of no confidence, the Prime Minister resignation or pursuant to the terms under paragraph (1), shall perform only the functions of administration of public affairs, until the taking the oath of a new Government.

CHAPTER VII. RELATIONSHIPS BETWEEN THE PARLIAMENT AND GOVERNMENT

Article 104. Informing of the Parliament

The Government shall be responsible before the Parliament, its committees and individual members in providing them the solicited information and documents.
The Government members shall have access to the Parliament sessions. Their attendance shall be mandatory if so requested.

Article 105. Questions and interpellations

The Government as a whole and each of its members shall be bound to reply to the questions or interpellations raised by the Parliament members.
Parliament may pass a motion to formulate its standpoint as regarding the issue of interpellation.

Article 106. Vote of no confidence

The Parliament, upon proposal of at least a quarter of its members, may carry on a motion of no confidence to the Government, based on the majority vote of the Parliament members.
The initiative to express a vote of no confidence shall be examined within 3 days from the date of its submission to Parliament.

Article 106a. Assumption of responsibility by the Government

The Government may assume responsibility before the Parliament upon a programme of activity, a general policy statement, or a draft law.
The Government shall be dismissed if a motion of censure, tabled within 3 days following the date of submission of the programme, general policy statement, or the draft law, has been passed in terms under Article 106.
In the event, the Government has not been dismissed pursuant to paragraph (2), the lodged draft law shall be considered adopted, and the programme or the general policy statement shall become mandatory upon the Government.

Article 106b. Legislative delegation

With the view of bringing into operation of the Government programme of activity, the Parliament may pass, upon the latter’s proposal, a special law enabling the Government to issue ordinances in the fields which do not fall within the scope of organic laws.
The enabling law shall compulsorily establish the field and the date up to which ordinances can be issued.
Ordinances shall enter into force at the date of their publication, without being promulgated.
If the enabling law so request, ordinances shall be submitted to Parliament for approval. The draft law on the ordinances approval shall be presented within the term established by the enabling law. Non-compliance with the term entails the discontinuation of the ordinance’s effects. If the Parliament does not decline the draft law on the approval of ordinances, the latter shall remain in force.
Following the expiration term established for the ordinances’ issue, the latter may be abrogated, disclaimed or amended only by law.

CHAPTER VIII. PUBLIC ADMINISTRATION

Article 107. Specialized central public administration

Ministries shall constitute specialized central bodies of the State. They shall bring into practice the Government policy, its decisions and orders, under the law, as well as shall supervise over the entrusted fields and shall be held responsible for the performed activities.
Other administrative authorities shall be set up, under the law, in order to manage, coordinate and exercise the control over the national economy and other fields, which do not directly fall within the competence of the ministries.

Article 108. Armed forces

The armed forces shall be exclusively subordinated to the will of people as to safeguard the sovereignty, independence, unity and territorial integrity of the country and constitutional democracy.
The structure of the national system of defence shall be laid down by organic law.

Article 109. Basic principles of local public administration

Public administration within the administrative-territorial units shall be based on the principles of local autonomy, decentralization of public services, eligibility of the local public administration authorities and consultation of citizens on local problems of special interest.
The concept of autonomy shall encompass both the organization and functioning of the local public administration, as well as the management of the communities represented by that administration.
The enforcement of the aforesaid principles may not alter the unitary character of the State.

Article 110. Administrative-territorial organization

The territory of the Republic of Moldova shall be divided, as regarding the administrative organisations, into villages, towns, districts and the autonomous territorial-unit of Gagauzia. Certain towns may be declared municipalities under the law.
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.
The status of the capital of the Republic of Moldova – the city of Chisinau shall be regulated by organic law.

Article 111. Autonomous territorial – unit of Gagauzia

Gagauzia is an autonomous territorial-unit having a special statute and representing a form of self-determination of the Gagauzian people, shall constitute an integrant and inalienable part of the Republic of Moldova and shall independently solve, within the limits of its competence, pursuant to the provisions of the Republic of Moldova Constitution, in the interest of the whole of society, the political, economic and cultural issues.
On the territory of the autonomous territorial-unit of Gagauzia all the rights and liberties foreseen by the Constitution and the legislation of the Republic of Moldova shall be guaranteed.
Within the autonomous territorial-unit of Gagauzia shall operate representative and executive bodies according to the law.
The soil, subsoil, waters, flora and fauna, as well as other natural resources on the territory of the autonomous territorial-unit of Gagauzia shall belong to the people of the Republic of Moldova and shall simultaneously constitute the economic basis of Gagauzia.
The budget of the autonomous territorial-unit of Gagauzia shall be formed in conformity with the terms established by the law, which governs the special statute of Gagauzia.
The control over the observance of the Republic of Moldova legislation within the autonomous territorial-unit of Gagauzia shall be performed by the Government under the terms of the law.
Organic laws that govern the special statute of the autonomous territorial-unit of Gagauzia may be amended based on the vote of three fifths of the elected Parliament members.

Article 112. Village and town authorities

The public administration authorities, by which local autonomy is exercised in villages and towns, shall be represented by local elected councils and mayors.
The local councils and mayors shall operate, under the law, as autonomous administrative authorities and shall be assigned the task of solving public affairs in villages and towns.
The manner of electing the local councils and mayors, as well as their powers and ambit of competence shall be established by law.

Article 113. District council

The district council shall coordinate the activity of village and town councils with the view of bringing into effect of public services at district level.
The district council shall be elected and operate under the law.
The relationships between the local public authorities shall be based on the principles of autonomy, legality and cooperation in solving common issues.

CHAPTER IX. JUDICIARY

SECTION I. Courts of law

Article 114. Carrying out of justice

Justice shall be carried out in the name of law only by the courts of law.

Article 115. Courts of law

Justice shall be carried out by the Supreme Court of Justice, courts of appeal and courts of law.
For certain categories of cases special law courts may operate under the law.
The foundation of extraordinary courts shall be forbidden.
The structure of the law courts, their ambit of competence and legal proceedings shall be laid down by organic law.

Article 116. Status of judges

Judges sitting in the courts of law shall be independent, impartial and irremovable under the law.
Judges sitting in the courts of law shall be appointed, under 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 under the law.
The Presidents, Vice-Presidents and judges of the Supreme Court of Justice shall be 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.
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.
Judges shall be promoted and transferred only at their own consent.
Sanctioning of the judges shall be carried out pursuant to the law.
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. Public character of legal proceedings

Legal hearings in all courts of law shall be held in public. There shall be allowed the conduct of lawsuits in camera only in certain cases as provided for by law and in compliance with the rules of procedure.

Article 118. Language used in legal proceedings and the right to have an interpreter

Legal proceedings shall be held in the Moldavian language.
The persons who cannot understand and speak Moldavian shall be entitled to take cognisance of all documents and items of the case-file and to speak during the trial through an interpreter.
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 the sentences delivered by the law courts under the terms of law.

Article 120. Mandatory character of sentences and other final rulings

The observance of sentences and other final rulings handed down by the law courts, as well as the cooperation requested by the latter during the trial, and the execution of sentences and other final rulings shall be binding.

Article 121. Budget of the courts of law, indemnity and other rights

The budget of the courts of law shall be approved by the Parliament and included in the state budget.
The indemnities and other rights of the judges shall be established by law.
The courts of law shall have at their disposal the police forces.

SECTION II. Superior Council of Magistrates

Article 122. Composition

The Superior Council of Magistrates shall consist of judges and university lecturers elected for tenure of 4 years.
The President of the Supreme Court of Justice, the Minister of Justice and the Prosecutor General shall de jure belong to the Superior Council of Magistrates.

Article 123. Powers

The Superior Council of Magistrates shall ensure the appointment, transfer, removal from office, upgrading and imposing of the disciplinary sentences against judges.
The manner of organisation and functioning of the Superior Council of Magistrates shall be laid down by organic law.

SECTION III. Public Prosecution

Article 124. Powers and structure

The prosecution system shall represent the general interests of the society, defend the rule of law and the citizens’ rights and liberties, it shall also supervise and exercise, under the law, the criminal prosecution and bring the accusation in the courts of law.
The public prosecution system shall include the General Prosecutor’s Office, the territorial and specialised prosecution offices.
The structure, ambit of competence and the manner of operation of the prosecution offices shall be provided for by law.

Article 125. Mandate of public prosecutors

The Prosecutor General shall be appointed by the Parliament following the proposal submitted by its Speaker.
The subordinated public prosecutors shall be designated by the Prosecutor General.
The prosecutors’ term of office shall be of 5 years.
The office of public prosecutor shall be incompatible with any other public or private remunerated position, except for didactic and scientific activity.
In the exercise of their mandate, the prosecutors shall abide only by the law.