PMR's Constitutional Court turns 5 years old

Chairman of the Pridnestrovie's Constitutional Court, Judge Vladimir Grigoriev (center) is PMR's top judge

TIRASPOL (Tiraspol Times) - The Constitutional Court of Transdniester is the highest court in the country, in many ways similar to Supreme Courts elsewhere. It is in charge of defending the constitution and ensures an independent, impartial judiciary. And on Tuesday, 12 June 2007, it turned five years old.

Its six judges were sworn in by Pridnestrovie's parliament on 12 June 2002.

Unlike the top court in neighboring Moldova, which can only be consulted by parliament and government organs, Pridnestrovie's Constitutional Court is for everyone. Any person who wants to clarify the constitutionality of a law, rule, regulation or specific action can turn to the court for a ruling.

Any citizens can launch a case in the PMR Constitutional Court directly and does not have to go through a government body or the office of Pridnestrovie's Human Rights Ombudsman to seek justice.

Crowned with PMR's red and green flag: The Constitutional Court building in Tiraspol, capital of Pridnestrovie.

Government agencies and local branches of government also use the court when they want something cleared up. On the basis of the constitution, the court has overturned laws which it deemed unconstitutional. In one of its most recent cases, it ruled against the State Customs administration and a fee which had previously been approved by PMR President Igor Smirnov.

Openness and transparency

PMR's Constitutional Court tries its best to be as open and transparent as possible in all its dealings. It puts its cases and decisions online for everyone to see, and maintains a constantly updated website in six different languages: Pridnestrovie's three official languages, plus English, French and German.

As an online list of cases show, local PMR citizens often turn to the Constitutional Court to protect their rights. In 2006 and the first part of 2007 the court protected private property rights, ruled against inconstitutional tax legislation, and overturned customs regulations.

What is the court empowered to do? The separation of the legislative, administrative and judicial branches is defined by the constitution which includes a special section specifically addressing the independent authority of this court. The status, competence, formation and activity of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika is defined by the unrecognized country's 1995 Constitution.

This Constitution - the current one in force - was the second Constitution and was approved in a referendum to replace the original 1991 Constitution. Introduced shortly after Pridnestrovie declared independence in September 1990, the 1991 Constitution was oriented towards a communist state and not the free, market-oriented society which the drafters of the more modern 1995 Constitution wanted to build.

The status of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika and its competence is covered by Articles 86-88 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika.

According to Article 86 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika, the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be the organ of the constitutional control in the Pridnestrovskaia Moldavskaia Respublika (or Pridnestrovie, for short).

Here is what the Constitution has to say on this issue -

The Constitutional Court shall guarantee the foundations of the constitutional system of the Pridnestrovskaia Moldavskaia Respublika, shall provide for the observance of the principle of division of powers, shall guarantee the responsibility of the State Power to individuals and citizens and the responsibility of individuals and citizens to the State Power.
The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall decide cases on conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika of:

# laws of the Pridnestrovskaia Moldavskaia Respublika (including the constitutional laws), as well as enactments issued by the Supreme Council (Parliament) of the Pridnestrovskaia Moldavskaia Respublika;

# enactments issued by the President of the Pridnestrovskaia Moldavskaia Respublika, organs of State Power, local self-government in the Pridnestrovskaia Moldavskaia Respublika, as well as settling disputes about competence between organs of State Power;

# the activity of elective bodies and officials of local self-government in making laws and enactments.

# The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall decide advisory opinions on conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika of: observance of prescribed Procedure for charging the President of the Pridnestrovskaia Moldavskaia Respublika with high treason or with commission of other grave offence;

# international treaties of the Pridnestrovskaia Moldavskaia Respublika that have not come into force;

# acknowledgement of the non-conformity of the international treaty of the Pridnestrovskaia Moldavskaia Respublika that has not come into force, or individual provisions thereof with the Constitution of the Pridnestrovskaia Moldavskaia Respublika;

# other cases mentioned by the present Constitution of the Pridnestrovskaia Moldavskaia Respublika.

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika having taken up the complaint on the violation by the law of the constitutional rights and freedoms of citizens for the consideration shall notify about that the court or other body which considers the case in which the appeal law has been applied or ought to be applied.

The Constitutional Law "On the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika" adopted by the Parliament of the Pridnestrovskaia Moldavskaia Respublika on 30th October, 2002 and the Regulations of the Pridnestrovskaia Moldavskaia Respublika shall admit the procedure of Structure and Organization of activity of the Constitutional Court, Organizational Forms of the Constitutional Judicial Proceedings.

The Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall rule exclusively on matters of law.

The decision of the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika shall be final. The acts or individual provisions thereof found to be unconstitutional shall be null and void; found not to be in conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall not be brought into force and implemented. The Constitutional Judicial Proceedings found not to be in conformity with the Constitution of the Pridnestrovskaia Moldavskaia Respublika shall be terminated.

Four times a year, the Court publishes a Quarterly called the Journal of Modern Constitutionalism. It is published in three languages: English, Russian and German. It covers issues such as law and globalization, democracy in PMR and neighboring countries, and the rule of supreme courts in protecting human rights.

It is a dry read which mostly appeals to specialist practitioners and fellow judges on constitutional- and supreme courts in other countries. The most recent issue includes articles on subjects as "Principle res judicata in practice of the European Court on human rights and of the Constitutional Court of the Russian Federation" and a comparative legal analysis of "Sovereignty as the major constitutionally legal principle of statehood", using the examples of member countries of the Commonwealth of Independent States, CIS.

The journal is available online. It can be accessed by anyone for free, with no subscription necessary.

See also:
» Vladimir Grigoriev: "Government has a duty to guarantee rights and freedoms of citizens"
» Highest court in the country overturns unconstitutional laws

On the web:
» PMR Constitutional Court (official website)
» Journal of Modern Constitutionalism