Republic of Moldova 1994 Constitution (reviewed 2016)

TITLE VII. FINAL AND TRANSITORY PROVISIONS

Article I

1. The present Constitution shall be adopted by the Parliament and shall be promulgated by the President of the Republic of Moldova within 3 days.
2. The Constitution of the Republic of Moldova shall come into force on 27 August 1994. On the same date, the Constitution of the Republic of Moldova of 15 April 1978, with its subsequent amendments and supplements, shall be abrogated on the whole.

Article II

1. Laws and other normative acts shall be deemed valid to the extent they do not conflict the present Constitution.
2. Within one year from the date of coming into effect of the present Constitution, the permanent Parliament and Government committees shall examine the compliance of legislation with the Constitution, and shall submit to the Parliament the adequate proposals in that respect.

Article III

1. The state institutions acting at the date of coming into effect of the present Constitution shall remain in operation until the setting up of the new institutions.
2. The Parliament, composed of 104 members elected by a freely expressed, universal, equal, direct and secret suffrage under the conditions of political and party pluralism, in accordance with the Law of 14 October 1993 on the Parliament election, shall remain in operation until the mandate expiration, except for the cases provided for by the present Constitution.
3. The President of the Republic of Moldova, elected for a 5-year term of office, by a freely expressed, universal, equal, direct and secret suffrage under the conditions of political and party pluralism, pursuant to the Law of 18 September 1991 on the elections of the President of the Republic of Moldova, shall remain in office until the mandate expiration, except for the cases provided for by the present Constitution.
4. The Government vested in the function by the Parliament shall fulfil its powers until the mandate expiration, except for the cases provided for by the present Constitution.
5. Local authorities of the state power and state administration shall fulfil their prerogatives until the expiration of their mandate, except for the cases provided for by the present Constitution.
6. Judges who at the date of coming into force of the present Constitution have a length of service of at least 5 years within the law courts shall fall within the ambit of the principle of immovability, pursuant to Article 116 paragraph (1), by a decree of the President of the Republic of Moldova, upon the proposal of the Minister of Justice and the President of the Supreme Court.
7. Within 2 years from the date of coming into effect of the present Constitution, the system of law courts shall be reorganized under the law in accordance with Article 115.

Article IV

The provisions enshrined in Article 25 paragraph (4) related to the term of detention in custody, should not affect, until 1 January 1995, the persons who have committed serious offences as foreseen by Article 71 under the Criminal Code.

Article V

1. Within 6 months following the date of coming into operation of the present Constitution shall be set up the Constitutional Court and the Court of Audit.
2. Judges of the first composition of the Constitutional Court shall be appointed to office, on behalf of the Superior Council of Magistrates, by the General Assembly of the People’s Judges and the Supreme Court members.

Article VI

Until the establishment of the Constitutional Court, all the cases stipulated by Article 135 of the present Constitution may be solved by the Supreme Court, upon the initiative brought forward by the Parliament.

Article VII

1. The Law of 1 September 1989 on the use of the languages spoken throughout the territory of the Republic of Moldova shall remain in force to the extent that it does not contravene the present Constitution.
2. The aforesaid law may be amended by a vote of at least two-thirds of the Parliament members within 7 years following the date of coming into effect of the present Constitution.

Article VIII

Title VII Final and Transitory Provisions shall be considered a constitutive part of the present Constitution and shall regulate issues dealing with its coming into force.