Amendments made to law on insolvency declared unconstitutional in Moldova

Chisinau, 13 July /MOLDPRES/ - The Constitutional Court (CCM) has declared unconstitutional the amendments to the law on insolvency, adopted on 16 December 2020.  

The judges said that the vices invoked by the author of the notifications, MP Lilian Carp, and namely the lack of discussions on the adoption of the appealed law and the lawmakers’ impossibility to formulate amendments to the draft law, can affect the parliamentary rules clearly established or implicitly concluded from the Articles 73 and 74 of the Constitution.  

Thus, given that, when adopting the appealed law, the parliament did not ensure a balance between the MPs’ right to formulate amendments to draft laws and the principle of parliamentary autonomy, the Court found out that this law ran counter the Article 73 from the Constitution.   

Proceeding from the arguments invoked, the Court admitted the notification submitted by lawmaker Lilian Carp.

The Constitutional Court declared unconstitutional the Law No 252 from 16 December 2020 on the amendment of the law on insolvency No 149/2012.

The Court revived the provisions of the law on insolvency No 149 from 29 June 2012 in the version previous to the Law No 252 from 16 December 2020.

The CCM ruling is final, cannot be subjected to any appeal, enters into force on the date of adoption and is published in Moldova’s Official Journal (Monitorul Oficial).