Your application must be submitted in writing.
Form
There is no need to fill in a specific form. However, it is highly recommended to use the form elaborated by the Court, follow the instructions that are included in the form itself and in the Practical guide regarding the admissibility of the unconstitutionality exceptions.
Language
The working language of the Constitutional Court is Romanian. All documents have to be submitted either in Romanian or submitted together with an official translation into Romanian. If you don’t speak or understand Romanian and you need an interpreter, the Court will give you an interpreter during the proceedings.
Content
Your application for unconstitutionality exception, that is to be filed to the ordinary judge or court, who will pass it further to the Constitutional Court, must be reasoned and include the following:
- who is the author of the exception of unconstitutionality – an individual or a legal entity, their contact information
- the court where the dispute is pending
- pertinent information about the case pending before the common law court
- the object of the application – the law you consider as contrary to a constitutional provision
- arguments that there is an incidence of a right or several rights guaranteed by the Constitution
- argumentation of the alleged violation of one or more rights guaranteed by the Constitution
- the list of documents attached to the complaint
- the statement of truth and signature of the author of the unconstitutionality exception
It is advised to write about the facts and issues which are related to the eventual unconstitutionality of the legal act the complaint is submitted about. To help the Constitutional Court to better understand the situation, try to keep the text simple, focused, well-reasoned and avoid emotional or derogatory language.
Documents
It is necessary to add to the complaint all the documents that are related to the legal act the complaint is about. All documents have to be submitted either in Romanian or submitted together with a translation into Romanian.
Time limits
There is no time limit for taking a unconstitutionality exception or complaint to the Constitutional Court. Those entitled to do so may apply to the Constitutional Court at any time, as soon as they consider it necessary. If your civil or penal case is examined by the court, you may to request a judge to apply to the Constitutional Court during the examination of the case.
Address
Applications must be sent to the following address:
The Constitutional Court of the Republic of Moldova
28 Al. Lapusneanu Str.,
Chisinau, MD-2004
Republic of Moldova
Legal aid
Nobody is entitled to free legal aid before the Constitutional Court. If there is a need in a lawyer to prepare a complaint or to represent the entitled person in the Court, these persons have to pay for the services of the lawyer themselves. It is not mandatory to have a lawyer in order to bring an application to the Constitutional Court, but it is important to remember that the Court can refuse to accept an application if it considers that the legal arguments are not clear or sufficient.