The Constitution of the Republic of Moldova adopted 15 years ago. Chapters 18 and judges of constitutional courts in Europe and the CIS have arrived at a solemn meeting on the matter and an international conference on "basic constitutional values - a factor of stability of a democratic state." Addressed the President of the Republic of Moldova, Vladimir Voronin, the first president, the chairman of the Commission on the Constitution, Mircea Snegur, a member of the European Commission for Democracy through Law Aivars Endzins.
Speech of the President of the Republic of Moldova Vladimir Voronin:
July 29 is 15 years since the adoption of the Constitution of the Republic of Moldova - the first Constitution of our sovereign and independent state.
With great pleasure that I warmly welcome all participants of the solemn assembly devoted to this event.
15 years that have elapsed since the adoption of the Constitution, is a very short period compared with more than shestisotletney history of our country, which many times were the times when the state was strong, as well as his moments of weakness.
The fact that the Republic of Moldova on the date established as an independent state, is, of course, the great authors of the Constitution.
The Constitution - the supreme law of the society and state. This politico-legal document is an expression of the will of the people by the votes of elected representatives, one of the most important documents of the state. The Constitution establishes the rights, freedoms and responsibilities of citizens in their relations with the state, as well as the functions, powers, responsibilities and relationships between the authorities in the state. It was a fruitful cooperation between all institutions of the state based on constitutional provisions and the constitutional principle of separation of powers, is the key to success in a democratic state.
Constitutionalism - the legal and political superiority of the adoption of the Constitution over other legal norms. Today no one denies the supremacy of the Constitution, a constitutional regime has successfully withstood the test of the most important - time. We can firmly say that in our constitutional democracy has proved its viability. Moreover, the application of the provisions of the Constitution and, accordingly, the Constitutional Court, which is the sole authority of constitutional jurisdiction in the country, greatly contributed to the statehood and sovereignty of the Republic of Moldova, the observance of fundamental human rights and freedoms.
The Constitution, based on the value and consistency of rules is one of the main missions - is a stabilizing factor in society. We can not ignore the fact that the Constitution of the Republic of Moldova for a peaceful and effective transition from one system to another, from one to pluralism.
Human rights established and guaranteed by the Constitution and then developed in the laws. Their alignment with the Basic Law is a natural in the state of law, establishing the commitment to universal values. That is why, as we noted above, the Constitutional Court is the authority, which helps to ensure respect for fundamental human rights and freedoms.
Thus, in order to protect their rights, citizens of the Republic of Moldova to apply the provisions of the Constitution. Moreover, often based on these provisions, they need to change existing legislation or to improve the effectiveness of some public institutions.
Thus, for the protection of human rights and respect for the principle of free access to justice has been reformed judicial system. You can now turn to the European Court of Human Rights.
The Constitution of the Republic of Moldova contains important provisions that are the foundation of a broad system of legal guarantees, they added significant material and political guarantees to ensure respect for human rights.
Adoption of the Constitution has given impetus to the development of private property, entrepreneurship and market economy as a whole. From encouraging entrepreneurship and the creation of suitable framework for the use of all means of production, that is the principles enshrined in the supreme law depends in large measure the success of economic and social development.
Before the 15 th anniversary of the adoption of the Constitution, you can bring some results and speculate about the future of democracy and the state, reflect on achievements and the steps that we must make for the development of our statehood.
Following the adoption of the Declaration of Sovereignty of the Declaration of Independence and the adoption of the Constitution, was another decisive moment in the process of democracy and the rule of law in the Republic of Moldova. It is obvious that one leg of a state can not ensure and guarantee the fundamental human rights, independence and democracy in the country. However, around a case-hardened ground, which ensures the democratic development and prosperity of the Republic of Moldova.
Supreme values of the Constitution is the rule of law, civil peace, democracy, human dignity, rights and freedoms, free development of personality, legal equality and political pluralism.
Only in respecting the Constitution and applying its provisions, we will be able to realize these basic requirements and values. Any deviation from the norms of the Constitution lead to the erosion of statehood, to compromise the authority of the State and consequently to human rights violations. Therefore, any attempt of non-constitutional norms must be suppressed.
In this context it is noteworthy that all these years, the rules, which are the expression of the will of the Moldovan people, not to be declarative, and persistently applied, contributing to the establishment of real democracy in the work of state institutions, based on the new concept of human rights and civil liberties, and the legal mechanisms of guarantee and protection.
The application of constitutional principles and norms established the prerequisites for strengthening the rule of law in the state, favored the development of civil society and a catalyst of constitutional justice and the approval of a viable judicial system. We can firmly say that the adoption of the Constitution has strengthened the state. However, we believe that there is constitutional scope is not fully defined, and some constitutional solutions are no longer correspond to the situation.
Of course, now there are other conditions than in the days of the adoption of the Constitution, so it was necessary to make some changes to the Basic Law.
Amendments related to the status of judges, judicial system, the role of President of the Republic of Moldova and some of his election was to abolish the death penalty and set the period of detention of citizens and their arrest.
It also has been changed a number of provisions relating to citizenship of the Republic of Moldova, the incompatibility of the deputies in parliament, as well as the status of the autonomous territorial unit of Gagauzia.
For more efficient management of society, emphasis will be placed not so much deficiencies in the Constitution and its revision at any cost, but rather to use its capacity, the full implementation of constitutional provisions.
A separate provision of the Constitutional Court is the authority overseeing the implementation of fundamental rights and freedoms set forth in the European Convention on Human Rights and the Constitution of our country. This would allow every person who believes that it violated his rights under the Constitution or international human rights agreements signed by the Republic of Moldova, the Constitutional Court, which must render a decision on this occasion.
I also want to emphasize that in designing mechanisms and solutions of applications must take into account international experience in this field. I believe that this experience will contribute to strengthening national human rights protection mechanisms and minimize the number of violations in the field of Justice.
I hope these suggestions will soon be reflected in the supreme law of the land, which will contribute to building democratic and legal State of the Republic of Moldova.
Ladies and gentlemen!
Adoption of the Constitution and its importance to society - are undeniable. But the road traveled by our country since 1994 until today, has not been easy, so I will address the changes that have occurred since that time in society.
Following the adoption of the Constitution, followed by the second, more complex stage - stage of the rule of law and economic modernization. In the early 90-ies in the Republic of Moldova has been a sharp decline in living standards, which has become a common cause of discord in the economy - a process through which passed many of the countries in transition. This led to the disruption and anarchy in the economy that gave rise to all the negative phenomena, known in economic life. Adverse effects of the period of concern in our day, so the increase in living standards remains a priority. This is also the constitutional responsibility of all politicians, regardless of their political affiliation.
We must prove both our citizens and the international community that we have responsibility to our nation that we are able to develop and strengthen the state. To do this requires more emphasis on patriotic education, increased social responsibility, introduce a modern economy, operating in an environment of free competition.
The Society also cause damage and the effects of such negative phenomena as separatism, corruption, tax evasion and crime caused by disregard for the laws of the country. The struggle against such phenomena - the overall objective, the obligation of all organisms, the state and civil society.
Unfortunately, so far not been fulfilled the main task - the restoration of territorial integrity. We must make every effort to address this problem and ensure equal rights for all citizens of the Republic of Moldova, regardless of the locality in which they live.
The Constitution provides that the Human Settlements on the left bank of the Dniester may be granted special forms and conditions of autonomy. Parliament unanimously adopted and approved the main provisions of the Act on the legal status of settlements left bank of Nistru river (Transnistria).
I noted the main problems faced by society, since it has consistently taken steps to address them and bring the constitutional framework in line with the needs of the state for the benefit of society and people. The Constitution should be effective to ensure the welfare and success of the country's citizens.
The development of the state is a continuous process. For us, therefore, very important experience gained over 15 years of application of the Constitution.
Now is the time to learn from past mistakes, focus on the strengthening of society, economic reforms, because without these components can not ensure prosperity and social protection, meets the needs and expectations of the population.
At the same time I wish to point out that for 15 years, brought into line with the Constitution, all laws and legal acts. All decisions of the Constitutional Court, the findings of unconstitutionality of certain legal rules that were enforced. And this is natural, since no law and no legal act should not contravene the Basic Law of the State.
I therefore want to appeal to those for whom the enforcement of the provisions of the Constitution is a sacred duty - the judges of the Constitutional Court. You must continue to effectively protect the rights and freedoms of citizens enshrined in the Constitution. From the decisions taken by you, upon the faith of people in the Constitution and the state.
Only the Constitution and modern European legislation is not enough if we do not do, defend, and especially if you do not believe in them.
We must learn to respect the Constitution and educate in this spirit that the younger generations, since the higher law is the basis of statehood and independence of the people of the country.
I sincerely congratulate you on the 15 th anniversary of the Constitution of the Republic of Moldova ", - said in conclusion, Vladimir Voronin.
Constitutional values - the basis for further development of the Republic of Moldova
At the ceremony was made by the country's first president, the chairman of the Commission on the Constitution, Mircea Snegur.
"In the past, after the adoption of the Constitution 15 years, the Republic of Moldova has made significant strides in building the rule of law. And nobody can deny," he said.
According to Snegur, the adoption of the Constitution of the Republic of Moldova 29 July 1994 was a crucial event for the country as it has completed the period of harmonization of new, democratic state laws for the young. 136 articles of the Constitution were first selected from among four options for the Higher Law. As a result of the adoption of the Constitution established the legal basis for a democratic and legal state, "- said Mircea Snegur.
Member of the European Commission for Democracy through Law Aivars Endzins highlighted in his report that the adoption of the Constitution was an important moment in the formation of the Republic of Moldova as the rule of law, based on the principles and requirements of European democracy.
This supported the idea and the President of the Constitutional Court of Romania Ioan Vida, who said that "had always been firmly convinced that the Republic of Moldova is the right path."
As emphasized by President of the Constitutional Court of Moldova Dumitru Pulbere, constitutional democracy and the rule of law - these are the values that will enable us to continue to develop the Republic of Moldova.
As part of activities organized for the XV anniversary of the Constitution of the Republic of Moldova, in Chisinau hosts international conference on "basic constitutional values - a factor of stability of a democratic state." The forum brings together representatives of constitutional courts of 18 countries, as well as several international agencies